Defense Lawyer
William T. Bly, Esq.
NIELSEN & BLY, P.C.
1-207-571-8146
Attorney Bly is a graduate of Rutgers College in New Brunswick, NJ where he majored in Political Science and minored in History. Attorney Bly is a graduate of the University of Maine School of Law. Attorney Bly is admitted to practice in front of all Maine State courts, including the Maine Law Court, the United States District Court - District of Maine and the United States District Court - District of NJ as a non-practicing member. He is a member of the Maine State Bar Association, the American Bar Association, the National Association of Criminal Defense Lawyers, the Maine Association of Criminal Defense Lawyers, the American Trial Lawyers Association, the Maine Association of Trial Lawyers, the National College of DUI Defense and the York County Bar Association.
Attorney Bly’s practice is devoted exclusively to the field of criminal defense with 80% of his practice dedicated to defending persons charged with OUI/DUI/DWI. He has successfully defended persons charged with a myriad of crimes, from Class A felonies such as Aggravated Drug Trafficking to Class E misdemeanors, which include possession of Scheduled Drugs, Driving to Endanger and Violating Bail Conditions. He has successfully defended persons charged with refusing to submit to a breath test; persons charged with aggravated OUI; persons charged with OUI with test results exceeding .15% BAC; persons charged with Operating After Suspension; persons charged with Operating After Revocation; persons charged with DOT violations and persons charged with felony crimes resulting from motor vehicle accidents involving serious bodily injury.
Attorney Bly is one of only a handful of attorneys in the entire state of Maine who is certified by the US Department of Transportation as a Breath Alcohol Technician. Attorney Bly is certified to operate the Intoxilyzer 5000EN, which is the same machine all police departments throughout the state of Maine use for testing suspected impaired drivers. In addition, the law firm of NIELSEN & BLY owns a fully functional Intoxilyzer 5000EN as well as a GUTH Lab simulator. It is believed that this is the only fully operational Intoxilyzer 5000EN in the hands of any criminal defense firm in the state of Maine. As such, Attorney Bly is intimately familiar with the actual mechanical functioning of the machine as well as the science and theory behind breath testing technology.
Attorney Bly is qualified as a practitioner in standardized field sobriety tests in accordance with the standards set forth by the International Association of Chiefs of Police (IACP) and the National Highway Traffic Safety Administration (NHTSA). The training he received in Baltimore, Maryland is precisely the same training that local law enforcement receives from the Maine Criminal Justice Academy. Attorney Bly also holds his instructor certification for the administration of standardized field sobriety tests. As such, his qualifications far exceed the majority of police officers who are currently conducting OUI investigations here in Maine.
As a result of his education and professional training, Attorney Bly is adept at recognizing and seizing upon the myriad of mistakes law enforcement makes during their collective investigation of OUI crimes. Attorney Bly attends numerous OUI seminars each year throughout the country as well as an annual OUI Defense Seminar sponsored by the National College of DUI Defense at Harvard Law School.
Attorney William Bly is a veteran of the United States Army and completed tours of duty in Ft. Benning, Georgia, Kuwait and Saudi Arabia during Operation Vigilant Warrior. He received his Honorable Discharge from the United States Army in 1997 and successfully completed an enlistment period from 1997 – 2004 in both the New Jersey and Maine National Guard. Attorney Bly spent nearly his entire career as a 19D Cavalry Scout and is proud to have served both his state and country in those capacities.
NIELSEN & BLY, P.C.
Office Location:
50 Adams Street
Biddeford, ME 04005
Telephone: 207-571-8146
bly.esq@nielsenandbly.com
CALL TODAY
207-571-8146
Visit his website
www.maineouilawyer.com
www.portlanddrunkdriving.com
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Maine
§2411. Criminal OUI
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1. Offense.[2003, c. 452, Pt. Q, §77 (rp); Pt. X, §2 (aff).]
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1-A. Offense. A person commits OUI if that person:
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A. Operates a motor vehicle:
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(1) While under the influence of intoxicants; or
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(2) While having a blood-alcohol level of 0.08% or more; |
[2003, c. 452, Pt. Q, §78 (new); Pt. X, §2 (aff).] |
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B. Violates paragraph A and:
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(1) Has one previous OUI offense within a 10-year period; |
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(2) Has 2 previous OUI offenses within a 10-year period; or
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(3) Has 3 or more previous OUI offenses within a 10-year period;
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[2003, c. 452, Pt. Q, §78 (new); Pt. X, §2 (aff).] |
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C. Violates paragraph A, failed to submit to a test at the request of a law enforcement officer and:
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(1) Has no previous OUI offenses within a 10-year period; |
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(2) Has one previous OUI offense within a 10-year period;
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(3) Has 2 previous OUI offenses within a 10-year period; or
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(4) Has 3 previous OUI offenses within a 10-year period; or
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[2003, c. 452, Pt. Q, §78 (new); Pt. X, §2 (aff).] |
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D. Violates paragraph A, B or C and:
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(1) In fact causes serious bodily injury as defined in Title 17-A, section 2, subsection 23 to another person; |
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(1-A) In fact causes the death of another person; or
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(2) Has either a prior conviction for a Class C crime under this section or former Title 29, section 1312-B or a prior criminal homicide conviction involving or resulting from the operation of a motor vehicle while under the influence of intoxicating liquor or drugs or with a blood-alcohol level of 0.08% or greater.
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[2005, c. 606, Pt. A, §1 (amd).] |
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[2005, c. 606, Pt. A, §1 (amd).] |
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2. Pleading and proof. The alternatives outlined in subsection 1-A, paragraph A may be pleaded in the alternative. The State is not required to elect between the alternatives prior to submission to the fact finder. In a prosecution under subsection 1-A, paragraph D, the State need not prove that the defendant's condition of being under the influence of intoxicants or having a blood-alcohol level of 0.08% or more caused the serious bodily injury or death alleged. The State must prove only that the defendant's operation caused the serious bodily injury or death. The court shall apply Title 17-A, section 33 in assessing any causation under this section.[2003, c. 452, Pt. Q, §79 (amd); Pt. X, §2 (aff).]
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3. Investigation. After a person has been charged with OUI, the officer shall investigate whether the charged person has prior OUI offenses. As part of the investigation, the officer shall make necessary inquiries of the Secretary of State.[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
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4. Arrest. A law enforcement officer may arrest, without a warrant, a person the officer has probable cause to believe has operated a motor vehicle while under the influence of intoxicants if the arrest occurs within a period following the offense reasonably likely to result in the obtaining of probative evidence of blood-alcohol level or drug concentration.[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
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5. Penalties.[2003, c. 673, Pt. TT, §3 (amd); c. 689, Pt. B, §6 (rev); 2005, c. 397, Pt. B, §7 (rp); §8 (aff).]
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5. Penalties. Except as otherwise provided, violation of this section is a Class D crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. The following minimum penalties apply and may not be suspended:
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A. For a person having no previous OUI offenses within a 10-year period:
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(1) A fine of not less than $500, except that if the person failed to submit to a test, a fine of not less than $600; |
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(2) A court-ordered suspension of a driver's license for a period of 90 days; and
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(3) A period of incarceration as follows:
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(a) Not less than 48 hours when the person:
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(i) Was tested as having a blood-alcohol level of 0.15% or more; |
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(ii) Was exceeding the speed limit by 30 miles per hour or more;
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(iii) Eluded or attempted to elude an officer; or
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(iv) Was operating with a passenger under 21 years of age; and
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(b) Not less than 96 hours when the person failed to submit to a test at the request of a law enforcement officer;
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[2003, c. 673, Pt. TT, §4 (amd).] |
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B. For a person having one previous OUI offense within a 10-year period:
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(1) A fine of not less than $700, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $900; |
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(2) A period of incarceration of not less than 7 days, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 12 days;
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(3) A court-ordered suspension of a driver's license for a period of 18 months; and
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(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;
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[2003, c. 673, Pt. TT, §4 (amd).] |
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C. For a person having 2 previous OUI offenses within a 10-year period, which is a Class C crime:
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(1) A fine of not less than $1,100, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $1,400; |
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(2) A period of incarceration of not less than 30 days, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 40 days;
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(3) A court-ordered suspension of a driver's license for a period of 4 years; and
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(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;
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[2005, c. 438, §1 (amd).] |
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D. For a person having 3 or more previous OUI offenses within a 10-year period, which is a Class C crime:
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(1) A fine of not less than $2,100, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $2,500; |
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(2) A period of incarceration of not less than 6 months, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 6 months and 20 days;
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(3) A court-ordered suspension of a driver's license for a period of 6 years; and
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(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;
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[2003, c. 673, Pt. TT, §4 (amd).] |
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D-1. A violation of subsection 1-A, paragraph D, subparagraph (1) is a Class C crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. The sentence must include a period of incarceration of not less than 6 months, a fine of not less than $2,100 and a court-ordered suspension of a driver's license for a period of 6 years. These penalties may not be suspended; [2005, c. 606, Pt. A, §2 (amd).]
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D-2. A violation of subsection 1-A, paragraph D, subparagraph (1-A) or (2) is a Class B crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. The sentence must include a period of incarceration of not less than 6 months, a fine of not less than $2,100 and a court-ordered suspension of a driver's license for a period of 10 years. These penalties may not be suspended; [2005, c. 606, Pt. A, §3 (new).]
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E. If a law enforcement officer failed to provide the warnings required by section 2521, subsection 3, the increase in minimum penalties required because of a refusal to submit to a test is not mandatory; [1997, c. 737, §9 (amd).]
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F. For a person sentenced under paragraph B, C or D, the court shall order the defendant to participate in the alcohol and other drug program of the Department of Health and Human Services, Office of Substance Abuse. The court may waive the program pursuant to Title 5, section 20073-B, if the court finds that the defendant has completed an alcohol or other drug treatment program subsequent to the date of the offense; and [2001, c. 511, §3 (amd); 2003, c. 689, Pt. B, §6 (rev).]
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G. The court shall order an additional period of license suspension of 275 days for a person sentenced under paragraph A, B, C, D, D-1 or D-2 if the person was operating the motor vehicle at the time of the offense with a passenger under 21 years of age. [2005, c. 606, Pt. A, §4 (amd).]
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[2005, c. 606, Pt. A, §§2-4 (amd).] |
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5-A. Notice and custody. The court shall give notice of a license suspension and shall take physical custody of the driver's license.[1995, c. 368, Pt. AAA, §9 (new).]
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5-B. Additional period of suspension. The Secretary of State may impose an additional period of suspension under section 2451, subsection 3 or may extend a period of suspension until satisfaction of any conditions imposed pursuant to chapter 23, subchapter III, article 4.[1995, c. 368, Pt. AAA, §9 (new).]
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6. Aggravated punishment category.[2003, c. 452, Pt. Q, §83 (rp); Pt. X, §2 (aff).]
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7. Surcharge. A surcharge must be charged for a conviction under this section. The surcharge is $30, except that, when the person operated or attempted to operate a motor vehicle while under the influence of drugs or a combination of liquor and drugs, the surcharge is $125. For the purposes of collection procedures, the surcharge is considered a fine. Notwithstanding section 2602, this surcharge accrues to the Highway Fund for the purpose of covering the costs associated with the administration and analysis of blood-alcohol tests.[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
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8. Juvenile crime. References in this Title to this section include the juvenile crime in Title 15, section 3103, subsection 1, paragraph F, and the disposition, including a suspension, for that juvenile crime in Title 15, section 3314, subsection 3, except as otherwise provided or except where the context clearly requires otherwise.[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
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Section History:
PL 1993, |
Ch. 683, |
§A2 (NEW). |
PL 1993, |
Ch. 683, |
§B5 (AFF). |
PL 1995, |
Ch. 65, |
§A115 (AMD). |
PL 1995, |
Ch. 65, |
§A153,C15 (AFF). |
PL 1995, |
Ch. 368, |
§AAA7-10 (AMD). |
PL 1995, |
Ch. 645, |
§B18 (AMD). |
PL 1997, |
Ch. 737, |
§8-11 (AMD). |
PL 1999, |
Ch. 703, |
§1 (AMD). |
PL 2001, |
Ch. 332, |
§1 (AMD). |
PL 2001, |
Ch. 511, |
§3 (AMD). |
PL 2003, |
Ch. 452, |
§Q77-83 (AMD). |
PL 2003, |
Ch. 452, |
§X2 (AFF). |
PL 2003, |
Ch. 633, |
§8 (AMD). |
PL 2003, |
Ch. 673, |
§TT3,4 (AMD). |
PL 2003, |
Ch. 689, |
§B6 (REV). |
PL 2005, |
Ch. 397, |
§B7,8 (AFF). |
PL 2005, |
Ch. 438, |
§1 (AMD). |
PL 2005, |
Ch. 606, |
§A1-4 (AMD). |
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Driving while intoxicated known as DWI, DUI (driving under the influence) or OUI (operating under the influence) is a serious offense in Maine. Losing your license to operate a vehicle in ME is just one of the penalties. It is in your best interest to hire an experienced criminal defense attorney to handle your case. A lawyer who specializes in drunken driving cases will be able to defend your constitutional rights. The field sobriety tests, the breathalyzer or Alcotest blood alcohol content (BAC) readings may be flawed and could result in a not guilty verdict in court. Only an experienced DWI lawyer will know how these tests should be administered and whether they were performed according to the guidelines provided by the National Highway Traffic Safety Administration (NHTSA).
Standardized Field Sobriety Testing
The National Highway Traffic Safety Administration has created a set of Standardized Field Sobriety Test (SFST). These three tests have to be administered and evaluated in a standardized manner to obtain accurate indicators of impairment. Most police officers fail to administer these tests correctly. Your DWI attorney may be able to challenge the validity of the stop and arrest by reading the report submitted by the police officer or trooper or by the testimony provided in court.
The Standardized Field Sobriety Tests were developed from research sponsored by the National Highway Traffic Safety Administration (NHTSA). NHTSA then developed a training regimen for law enforcement officers to provide a consistent way of evaluating the results from DWI suspects. Although police officers use a variety of tests when they pull someone over for suspected driving under the influence of alcohol, the three that are NHTSA accepted are:
- Horizontal Gaze Nystagmus
- Walk and Turn
- One Leg Stand
Other tests, like counting backwards or saying the alphabet from one letter to another have not been proven to be reliable indicators of being intoxicated or under the influence. Keep in mind that even the reliable tests must be administered correctly for them to be valid indicators of DWI.
Horizontal Gaze Nystagmus (HGN) Testing
The horizontal gaze nystagmus test checks if you have involuntary twitching of the eyeball. This occurs naturally as the eyes gaze at a right angle towards the side. When someone is under the influence of alcohol, nystagmus (twitching of the eyeballs) occurs at lesser angles. During this test, the officer will have the subject follow a pen or light with his eyes. The officer must observe the subject eyes. The three indicators that the officer looks for in each eye are:
- If the subject is smoothly following of the moving object with his/her eyes
- If the eye begins to jerk distinctly at the maximum range (right angle)
- If the angle of jerking begins within 45 degrees of center
According to the National Highway Traffic Safety Administration has determined that if between both eyes, four or more indicators are present the subject is probably under the influence. This test is therefore allowed for the purpose of making a DWI/DUI arrest and requiring a breath test at the police station.
Walk & Turn and One Leg Stand Tests
The other two tests that the National Highway Traffic Safety Administration believes are accurate predictors of DWI are the so called, “divided attention” tests. These tests can supposedly be done by most sober people. Although many police officers will tell you that they hear people say, “I can’t do that when I’m sober.” (By the way, this is not the wisest thing to say if you are a DWI suspect.) According to NHTSA, suspects cannot usually follow instructions and perform physical tests when they are impaired.
Walk & Turn
In the Walk & Turn test, the police officer will ask the DWI suspect to take nine steps placing the heel to the toe in a straight line. Someone suspected of DWI should follow instructions carefully for this test. The seven indicators of failure in the walk and turn are:
- Failure to maintain balance while listening to instructions
- Starting before the instructions are completely stated
- Stopping while walking to regain balance
- Lack of heel to toe touching
- Using arms to regain or maintain balance
- Loss of balance while turning
- Taking an incorrect number of steps
NHTSA research indicates that the majority of DUI suspects who fail two or more of the above items are operating under the influence. You will be arrested and charged with DUI/DWI and required to provide a breath sample.
One Leg Stand
The one leg stand test requires the DWI suspect to stand with one foot approximately six inches off the ground and count aloud starting with one thousand and increasing by one (one thousand-one, one thousand-two, one thousand three, etc…) until told to lower the foot by the police officer. The officer is required to time the subject for 30 seconds. The four indicators of DWI impairment are:
- Swaying while balancing
- Using arms to balance
- Hopping to maintain balance
- Placing the foot down
NHTSA research indicates that the majority of DWI suspects who exhibit two or more of these indicators are under the influence.
Probable Cause
The field tests that are administered on the side of the road are used by police officers to establish probable cause for the arrest. Your DWI attorney may be able to challenge these tests as well as the reason you were stopped in the first place. In order for these tests to yield valid results they have to be administered in the proscribed manner and must be evaluated based on a total number of indicators. The more indicators are present, the more likely that the person is operating under the influence.
Because most people charged with DWI do not understand what these tests are looking for or how they should be administered, it is extremely important that a lawyer that specializes in DWI defense be used to examine all the evidence and provide a recommendation on how to proceed. Designed and Hosted by Alonso Consulting, Inc. |
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