Being arrested for Operating Under the Influence (OUI) in Maine is a serious situation. It can affect your job, your driving record, your license, and even your freedom. Many people feel overwhelmed after a DUI arrest, unsure of what steps to take next. Working with an experienced Maine OUI lawyer gives you the legal counsel you need to protect your future and navigate Maine’s strict OUI laws.
When you or a loved one faces misdemeanor or felony criminal charges in Maine, the stakes are high. Whether it’s a minor misdemeanor, a serious felony, or a complex OUI (Operating Under the Influence) case, the outcome of your legal situation can have a profound impact on your future. This is why securing a skilled Maine criminal lawyer is essential. This comprehensive guide is designed to answer your most pressing questions about criminal defense in Maine, covering everything from how to afford legal representation to understanding the differences between various charges and how to find the best attorney for your needs.
Understanding the criminal justice system in Maine can be overwhelming, especially if you’re unfamiliar with legal procedures and terminology. Whether you’re searching for information on the cost of legal services, the state’s public defender system, or the best OUI lawyers in Maine, you’ll find it all here. This article also provides practical advice on how to afford a criminal defense attorney, what to look for when selecting a lawyer, and what to expect throughout the legal process.
By the end of this guide, you’ll have a clearer understanding of your rights, options, and the steps you should take to protect yourself or your loved ones when facing criminal charges in Maine.
Getting charged with Operating Under the Influence (OUI) in Maine can have devastating financial consequences. If you’re facing OUI charges, consulting with a Portland ME DUI lawyer is crucial to understand your options and potentially reduce these costs through a Maine OUI plea bargain. Let’s break down the real financial impact of an OUI conviction in Maine.
Understanding what is criminal OUI in Maine is the first step in fighting the charges. Maine law defines OUI as operating a motor vehicle while under the influence of intoxicants, or with a blood alcohol content (BAC) of 0.08% or higher. A skilled defense attorney can challenge these charges by questioning field sobriety tests, challenging breath test accuracy, examining police procedures, and investigating equipment calibration. Many cases have technical or procedural issues that could lead to reduced charges or dismissal.
An OUI Conviction in Maine Becomes Part of Your Permanent Record. It Carries Life-Altering Consequences That Extend Far Beyond the Initial Penalties. Before Making Decisions About Your Case, Consult With a Portland ME DUI Lawyer. An Attorney Can Evaluate Your Situation and Potentially Negotiate a Maine OUI Plea Bargain to Minimize the Impact on Your Future.
An OUI conviction in Maine stays on your criminal record permanently. No amount of time causes it to drop off or disappear.
The State Bureau of Identification (SBI) maintains your criminal history record indefinitely. Once a court enters an OUI conviction, the SBI records it. The record remains available for background checks with no expiration date. The Maine Bureau of Motor Vehicles (BMV) also maintains its own record of the conviction. It records any license suspension the Secretary of State imposed for that conviction. On receiving the court record of an OUI suspension, the Secretary of State records it and sends the driver written notice of the suspension.
These are two separate records. The BMV driving record tracks administrative actions. These include license suspensions, ignition interlock device requirements, and demerit points. The SBI criminal history record reflects the conviction itself. Both records retain OUI information indefinitely.
Under Maine law, operating under the influence occurs when a person operates a motor vehicle while under the influence of intoxicants. A person also commits OUI by having an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood, or per 210 liters of breath. The statute uses a 10-year lookback window for sentencing purposes. That window does not erase earlier convictions from either record.
Potential employers, insurance companies, professional licensing boards, landlords, and immigration authorities may all access OUI conviction information. They can do this regardless of how long ago the offense occurred.
An OUI conviction stays on your Maine record for life. The most effective way to protect your future is to fight the charge before it becomes a conviction.
A Maine OUI defense may examine several issues. The facts of the case determine which issues apply. The legal basis for the initial traffic stop is often a starting point. If an officer lacked reasonable articulable suspicion to pull you over, any evidence gathered afterward may be subject to a suppression motion.
Field sobriety tests raise their own questions. Standardized field sobriety tests are designed to be given under specific training protocols. Uneven pavement, poor lighting, medical conditions, and improper instructions can all affect results. These factors may provide grounds for challenge.
Chemical testing is another area a defense attorney may scrutinize. Intoxilyzer breath-testing devices depend on regular calibration and maintenance. The operator must hold a valid certification. Blood draws must follow chain-of-custody procedures. When these protocols are not followed, the test results may be challenged.
Constitutional issues may also apply. These include whether Miranda warnings were properly given. They also include whether the stop violated your Fourth Amendment rights. Every case is different. The available defenses depend on the specific facts. An attorney can evaluate your situation and identify the strongest options.
No. A Maine OUI conviction does not come off your record after 7 years, 10 years, or any other period. This is one of the most common misconceptions people have about OUI records.
The confusion often stems from the 10-year lookback period in operating under the influence. That provision determines how a new OUI charge is sentenced. It affects whether the charge is treated as a first offense, second offense, or subsequent offense. A prior OUI that is more than 10 years old will not elevate the sentencing tier on a new charge. But the original conviction remains on your criminal history record permanently.
Background check databases reflect this reality. Employers running criminal history checks can see the conviction. Landlords screening tenants can see it. Professional licensing boards reviewing applications can see it. Insurance companies setting rates can see it. The conviction is visible regardless of its age. No automatic removal process exists.
Criminal convictions generally remain on a person's record for life in Maine.
Maine does not use the terms "felony" and "misdemeanor." Maine crimes are Class A through Class E, and Maine law sets the maximum imprisonment for each class of crime: 30 years for Class A, 10 years for Class B, 5 years for Class C, less than one year for Class D, and 6 months for Class E. What other states call a felony is a Class A, B, or C crime in Maine. What other states call a misdemeanor is a Class D or Class E crime.
Class A, B, and C convictions stay on the SBI criminal history record indefinitely. Maine's sealing law does not reach them, and it reaches almost no Class D conviction.
Class D and E Convictions. Maine's sealing statute under criminal record sealing reaches only an "eligible criminal conviction." That means a current or former Class E crime, apart from a Class E crime under Maine's sexual assault chapter, plus a narrow set of pre-2017 marijuana convictions. A Class D conviction is otherwise not eligible. A person must also wait at least four years after fully satisfying the sentence, with no other conviction or pending charge in that period. A separate provision sets a one-year wait for a former conviction for engaging in prostitution. OUI is not on the eligible list.
OUI Convictions Specifically. A first- or second-offense OUI is generally a Class D crime under operating under the influence. A third or subsequent OUI within 10 years is a Class C crime. An OUI that causes death, or an OUI by a driver with a prior Class B or Class C OUI conviction, is a Class B crime. No class of OUI conviction is eligible for sealing. For OUI purposes, criminal convictions last forever.
A criminal charge that was dismissed or resulted in acquittal is addressed differently. See the section below for more information.
An arrest and criminal charge create an entry in the SBI criminal history record. This happens even if the case is later dismissed or you are acquitted. The record of the charge does not automatically vanish.
Under Maine law, no petition is needed. An acquittal, a charge a court dismissed with prejudice, and a charge a prosecutor dismissed with finality outside a plea agreement are all confidential criminal history record information. A Maine criminal justice agency may release that information only to the recipients the statute lists, such as other criminal justice agencies. The protection applies automatically; there is no application to file. A Maine attorney can confirm how it applies to your case.
Employers and agencies running fingerprint-based background checks may still see non-conviction records in some cases. A statute, court rule, or court order can authorize release, and anyone may ask whether a named person was summonsed, arrested, or charged on a specific date. Federal databases may also return this information.
The distinction matters. A dismissed charge is not a conviction, and Maine law already treats most dismissals and acquittals as confidential. But the charge can still surface through the narrow channels the statute allows.
Maine has no expungement statute for OUI convictions. The sealing provisions under criminal record sealing do not include OUI among eligible offenses. A first or second OUI is classified as a Class D crime under operating under the influence. A third or subsequent OUI within 10 years is a Class C crime. An OUI that in fact causes serious bodily injury is a Class C crime whatever the driver's record, and an OUI that causes death is a Class B crime. No class of OUI conviction can be sealed.
The only theoretical avenue for addressing an OUI conviction on your record is executive clemency granted by the Governor. This option is extremely rare for OUI cases. It involves a lengthy application process. Even if granted, clemency may not completely erase the record from all background check databases.
For practical purposes, an OUI conviction in Maine is permanent.
An OUI in Maine creates entries on two separate records. Each record serves a different purpose.
The Secretary of State driving record is maintained by the BMV. It tracks license suspensions, ignition interlock device requirements, demerit points, and other administrative actions. Title 29-A governs these actions. The Secretary of State imposes the license suspension periods the statute sets: at least 150 days for one OUI conviction within 10 years, 3 years for two offenses, 6 years for three, and 8 years for four or more. A prior Class B or Class C OUI conviction carries at least 10 years. A court may order a longer period, and reinstatement carries its own conditions.
The SBI criminal history record reflects the conviction itself. This is the record that appears on criminal background checks. The State Bureau of Identification maintains it. It is not subject to any automatic removal.
Different types of background checks pull from different sources. A standard employer background check typically shows criminal convictions from the SBI record. A CDL check examines the driving record in greater detail. Professional licensing boards may review both records. Immigration authorities and federal firearms background checks access federal databases that include state criminal history information.
Understanding that these are separate records helps clarify a common point of confusion. Even after a license suspension ends and driving privileges are restored, the criminal conviction remains on the SBI record permanently.
Maine employs a 10-year lookback period under operating under the influence. This provision governs how a new OUI charge is sentenced. It determines whether the charge is treated as a first, second, third, or subsequent offense.
Maine counts prior convictions by date: the prior action, or the date the prior sentence was imposed, must be 10 years or less from the date of the new conduct. A person with one prior OUI within that window faces second-offense penalties. A person with two prior OUI offenses within 10 years faces third-offense penalties. These penalties elevate the charge to a Class C crime – the equivalent of a felony in other states.
A prior OUI that falls outside the 10-year window still appears on the criminal record. It simply does not count toward escalating the sentencing tier on the new charge. The original conviction remains visible on background checks and on the SBI criminal history record.
One important exception exists. Under operating under the influence, the 10-year limitation does not apply to a prior conviction for a Class B or Class C OUI offense, or to a prior criminal homicide conviction involving the operation of a motor vehicle. Those prior convictions can elevate sentencing regardless of when they occurred.
The lookback period affects sentencing on a future case. It does not erase, remove, or hide the original conviction from your record.
Executive clemency by the Governor is the only theoretical post-conviction relief for an OUI in Maine. It is rarely granted. For all practical purposes, an OUI conviction stays on your record for life.
That reality makes one thing clear. The most important step you can take is to defend your OUI charge now – before a conviction becomes permanent. Webb Law Firm handles OUI defense cases throughout Maine. We can evaluate the facts of your situation in a confidential consultation.
Time matters. Administrative license suspension deadlines begin running shortly after an OUI arrest. Important evidence may become harder to obtain as time passes. If you are facing an OUI charge in Maine, contact Webb Law Firm to discuss your options.
An OUI conviction in Maine remains on both your criminal history record and your driving record permanently. There is no waiting period after which the conviction is automatically removed. The 10-year lookback period affects sentencing on future OUI charges. It does not erase the original conviction.
Maine does not use the term "felony." Crimes are classified as Class A through Class E under Maine law. A first- or second-offense OUI is generally a Class D crime. A third or subsequent OUI within 10 years is a Class C crime. An OUI that causes serious bodily injury is a Class C crime, and an OUI that causes death is a Class B crime. Class A, B, and C crimes are the equivalent of what other states call a felony.
A dismissed charge still creates an entry in the SBI criminal history record. Maine law makes most dismissals and acquittals confidential criminal history record information, so no petition is needed and the protection is automatic. A criminal justice agency may release it only to the recipients the statute lists. Speak with a Maine attorney about how this applies to your case.
Criminal convictions in Maine generally last on your record for life. Maine's limited sealing statute reaches only an eligible criminal conviction, which in practice means a Class E conviction. It requires at least a four-year waiting period after the sentence is fully satisfied. OUI convictions are not eligible for sealing.
No. Maine has no expungement statute for OUI convictions. OUI is not among the offenses eligible for sealing under criminal record sealing. The 10-year lookback period in operating under the influence only affects how a future OUI charge is sentenced. It does not seal, expunge, or remove the original conviction from your record.
Maine does not use the word "felony." What other states call a felony is a Class A, Class B, or Class C crime in Maine. How long is a felony on your record in Maine? For life. Those convictions stay on the SBI criminal history record indefinitely, and Maine's sealing law reaches only an eligible criminal conviction, which in practice means a Class E conviction. A Class A, B, or C conviction cannot be sealed. How long does a felony last on your record in Maine? There is no end date unless the Governor grants a full and free pardon.
A charge is not a conviction, but an arrest and a charge still create an entry in the SBI criminal history record. Where the charge has no disposition, Maine law makes that arrest or summons information confidential once more than a year has passed, no prosecution is active, and the person is not a fugitive. Maine law also makes most dismissals and acquittals confidential criminal history record information, so no petition is needed and the protection is automatic. A criminal justice agency may release that information only to the recipients the statute lists. The entry itself is not deleted.
No Maine statute sets one. How long does a criminal record last in Maine? For life. The State Bureau of Identification keeps the criminal history record with no expiration date, and no waiting period clears it on its own. Clients often ask how long do criminal records last in Maine and expect a seven-year or ten-year cutoff. Federal fair credit reporting law does stop a background-check company from reporting an arrest more than seven years old, but it expressly excepts convictions and does not change the state record. Maine's own relief is narrow. Sealing under the criminal record sealing statute does not list OUI. A full and free pardon from the Governor is another route, and ten years after discharge the person may apply to clear the pardoned crime from the FBI record.
A Maine OUI plea bargain is a deal between a defendant and the prosecution. The defendant pleads guilty in exchange for reduced charges or lighter penalties. Unlike some other states, Maine allows plea deals for OUI offenses.
By: Portland Maine OUI Attorney Vincent LoConte, DUI defense lawyer with Webb Law Maine Law Firm, where free legal advice in Maine criminal cases occurs daily from our two law offices in Maine
Maine DUI arrests. Maine OUI laws for drunk driving or drugged driving are very tough criminal charges. Maine sees fewer OUI arrests in winter due to less traffic at night.
Who needs to know this information about a ME OUI? Anyone who operates a motor vehicle (boat, car, truck, motorcycle, jet ski, SUV, 18-wheeler) is subject to Maine OUI laws. Our Maine DUI attorneys take phone calls all night, and on weekends to help those facing DUI offenses.
By Maine OUI Lawyer John Scott Webb Serving Saco and Portland ME
OUI roadblocks are sobriety checkpoints where police officers stop every vehicle—or a certain number of vehicles at random—to search for intoxicated drivers. These DUI roadblocks appear more frequently around holidays, when driving under the influence is more common.
This legal article explores a driver’s right to not pass through these license checks. So long as no traffic crime is committed, a citizen can opt to not wait for the line of drivers to be checked, and depart in the opposite direction.
Breathalyzer results under .08 do not mean you are free to go. Maine's OUI statute has two separate parts. The State only needs to prove one. Under Maine law, a person commits OUI if they operate a motor vehicle with an alcohol level of 0.08 grams or more per 100 milliliters of blood or 210 liters of breath. A person also commits OUI while under the influence of intoxicants.
This two-part rule is the heart of the OUI driving definition in Maine. The State can prove impairment without ever reaching a 0.08 result.
This means a sub-.08 reading does not clear you. It simply removes one of the two paths the prosecution can take. The officer and the district attorney can still build a case around the "under the influence" prong. They often do.
Maine’s OUI law defines "under the influence of intoxicants" as being under the influence of alcohol, drugs, or a combination of the two. The statute sets no number for that prong. How much impairment the State must prove comes from court decisions. If you blow a .07 and the officer believes you showed signs of impairment, you can be charged with OUI. Book a free consultation with a DUI lawyer near me.
Without a .08 breathalyzer result, the State loses its per se shortcut. That makes the case harder to prove. But it is far from impossible. Prosecutors build the impairment case from what police officers saw during the whole traffic stop. Those notes usually fall into three groups.
First, the officer writes down how the car was driven. That covers swerving, wide turns, running a stop sign, or an oddly slow speed. Second, the officer notes what happened at the roadside. That covers slurred speech, the smell of alcohol, fumbling with a license, or bloodshot eyes. Third, the officer leans on how you did on the standardized field sobriety tests.
If you did poorly on your roadside sobriety tests, the officer may use that as evidence of impairment. That becomes a problem if something other than alcohol threw off your balance. An injury, uneven pavement, or even the weather can cause a poor result.
The breath result itself still plays a role even when it falls under .08. Under Maine law, a result above 0.05 but below 0.08 is admissible evidence, though not prima facie proof either way. It is considered alongside other competent evidence of impairment.
A result of 0.05 or less is prima facie evidence that you were not under the influence of alcohol. A low reading may also help with timing arguments on the rising BAC curve. That is the idea that your alcohol level was still climbing. Your alcohol level may have been higher at the time of driving than at the time of the test.
The State has a harder job, but charges for OUI with tests under .08 are not uncommon.
Breathalyzer results show the amount of alcohol in your breath. They are stated as a blood alcohol concentration, or BAC, figure. BAC levels are written as a decimal, such as .07 or .08.
The machine is designed to detect alcohol in the breath samples you blow into it. It converts that reading to grams of alcohol per 210 liters of breath. Understanding breathalyzer test results starts with knowing the legal thresholds that apply to your situation.
For standard drivers in Maine, the legal limit is 0.08 grams of alcohol per 100 milliliters of blood or 210 liters of breath under Maine law. Commercial motor vehicle operators face a lower threshold of 0.04 grams, the level at which Maine law on commercial vehicle operators requires a chemical test.
Drivers under 21 are held to the strictest standard. Any reading above 0.00 grams requires a license suspension – at least one year for a first offense and two years for a second.
A result at or above the .08 breathalyzer threshold creates a per se OUI. The State does not need to prove any other sign of impairment. But a result under breathalyzer .08 does not clear the driver. The State can still pursue the impairment prong, as discussed above.
For readers from other states understanding DWI breathalyzer test results for the first time, the same general principle applies. A number below the legal limit does not guarantee dismissal.
Several things can affect the accuracy of breathalyzer test results. OUI defense lawyers often check whether the machine was properly calibrated and who was trained to administer the test.
They also check whether the officer watched the driver for the required waiting period before the test. They look at whether mouth alcohol, acid reflux (GERD), or food left in the mouth could have skewed the BAC reading. These issues may give you grounds to challenge the result in court.
If you were taken to the police station for a breath test, the officer already thinks they saw some impairment. When breathalyzer results come back at zero, the officer looks for another cause. They will likely suspect that something other than alcohol is behind the signs they noticed.
Under Maine law, impairment can be caused by many substances beyond alcohol. A "drug" under Maine's OUI statute is defined broadly. It covers scheduled drugs.
It also covers any natural or artificial chemical substance that can impair the ability to safely operate a motor vehicle. This includes illegal drugs, prescription medications, and even over-the-counter products. This applies even when taken legally and as prescribed.
Say alcohol is ruled out but the officer still suspects impairment. The next step is usually a referral to a drug recognition expert, or DRE. The officer may ask for a urine or blood test to pin down the substance. Under Maine's implied consent framework, a person must submit to and complete a chemical test when there is probable cause to believe they operated under the influence of intoxicants.
Refusing carries administrative license suspension consequences that are separate from any criminal penalties. For what the number itself means and how the margin of error works, see breathalyzer results explained.
DREs are specially trained officers certified through the Maine Criminal Justice Academy. The DRE is often a different officer from the one who administered your breath test. Only an officer who completes the Academy’s certification program may conduct a drug impairment assessment.
Under Maine law, if a DRE has probable cause to believe a person is under the influence of a specific category of drug, that person must submit to a blood or urine test. This test confirms the category of drug use.
The DRE evaluation follows a set, step-by-step protocol. The expert reviews the breath test result and talks to the arresting officer. There is a first exam and a check of vital signs. There are close eye exams, including the HGN test.
There are divided-attention tests and checks of muscle tone and pulse. The DRE also notes how the driver looks. The DRE then forms an opinion about what category of substance may be causing impairment. That opinion is later compared against the lab results from the blood or urine sample.
The DRE's testimony about the assessment is admissible in court as evidence of operating under the influence. But these evaluations are complex, and the results are not always right. Medical conditions, fatigue, or nerves can affect how you do on the tests.
Under Maine law, refusing the chemical test requested in connection with an OUI investigation carries an administrative license suspension. This suspension stacks on top of any criminal penalty from a conviction. The suspension period increases with each subsequent refusal. Anyone in that spot should talk to a lawyer about the facts of their own case.
After an OUI stop with a breath test, what you do next could affect the outcome of your case.
First, do not volunteer more about drinking alcohol – what you drank, how much, or when you drank it. Anything you say may be used as evidence. Second, understand that Maine's implied consent law makes refusing a post-arrest chemical test a separate problem.
A refusal triggers its own administrative license suspension – at least 275 days for a first refusal – on top of any criminal consequences. Declining after the fact does not prevent breath alcohol test consequences. A refusal is admissible at your trial, and when the officer gave the required warnings it raises the mandatory minimum fine and jail time on a first conviction.
Third, keep any evidence that may support your defense. Receipts, time stamps, and a written timeline of your evening could matter if a rising BAC argument applies. That defense rests on the idea that your alcohol level was lower while you drove than when you were tested.
Finally, contact an OUI attorney before your court date. You have 10 days from the effective date of a suspension to request a hearing with the Secretary of State. An ignition interlock device and extended suspensions within the look-back period are among the consequences that may apply, depending on prior history.
Yes, you can be arrested for OUI in Maine even with breathalyzer results under .08. Maine's OUI statute allows prosecution under the "under the influence of intoxicants" prong, regardless of BAC.
An officer may observe signs of impairment – slurred speech, poor field sobriety performance, or erratic driving. If so, you may be arrested and charged even with a sub-.08 result. The breath test is one piece of evidence, not the only one.
A breathalyzer measures the alcohol in a breath sample. It states that as a BAC figure – grams of alcohol per 210 liters of breath. The result reflects your breath alcohol level at the time of the test, not necessarily at the time of driving. Factors like rising BAC, machine calibration, and mouth alcohol can all affect BAC readings.
A zero BAC result rules out alcohol but not other substances. Maine defines "drug" broadly to include any substance that can impair driving ability. This includes prescription and over-the-counter medications. The officer may call a drug recognition expert to run an evaluation and ask for a blood or urine test.
Maine's implied consent law requires drivers to submit to a chemical test when there is probable cause to believe they operated under the influence. Refusing carries an administrative license suspension of at least 275 days for a first refusal, with longer periods for subsequent refusals. This suspension is separate from any criminal penalties.
If you blew under .08 – or at any level – on a Maine breath test, your situation may be harder than it looks. Webb Law Firm offers free consultations for OUI cases – operating under the influence, which other states call driving under the influence or drunk driving.
Breath test cases are time-sensitive because the written request to challenge a license suspension is due within 10 days of the suspension's effective date. Missing that window could mean losing your ability to challenge a suspension.
A lawyer can review your own breathalyzer result, the officer's notes, and the facts of the stop to spot possible defenses. Every case depends on its own facts, and outcomes vary. Attorney John Webb, Vincent LoConte and Nicole Williamson of Webb Law Firm handle OUI defense in southern Maine. Please contact us today to discuss your situation with a 24-hour lawyer near me.
As summer officially begins, many young adults will find themselves home for the summer or preparing to leave for college for the first time. Of course, college is a place where freedom abounds and, often, this new-found freedom results in an urge to party. This naturally leads some kids to be tempted to purchase alcohol, in order to liven up their nightlife. While for the older collegiate this may be perfectly acceptable, trouble arises when underage students use all too prevalent and easily computer-generated fake IDs.
Although most that do so are vaguely aware of some level of risk associated with the presentation of false identification, few realize the serious civil violations that could be facing them should they be discovered. Maine Title 28-A § 2051 stipulates that possessing a fake ID can, as a minor, net you a $200 to $400 fine for a first offense, $300 to $600 for a second, and a guaranteed $600 for the third. In fact, providing any false written or oral evidence (even without having a fake ID) in an attempt to either purchase alcohol as a minor or enter an establishment where minors are forbidden (e.g. a club) can cause you to face the same fines as if you did have a fake I.D., plus (at the judge’s discretion) possible community service.
An engine interlock device is a small breath-testing unit wired into a vehicle’s ignition system. It prevents the engine from starting if the driver’s breath registers alcohol above a preset limit. The device uses a fuel cell sensor to measure blood alcohol concentration (BAC). If the reading exceeds the threshold, the car will not start.
In Maine, the interlocking device alcohol detection threshold is set at 0.02 BAC. This is far lower than the 0.08 legal limit for an OUI charge. This strict standard exists because the interlock program is designed for drivers who have already been convicted of operating under the influence. The goal is zero tolerance, not a generous margin.
Southern Maine Criminal Lawyer Blog