Anxiety and OUI

By Matthew Nichols

October 23, 2020 February 19, 2021

For the last 32 years I have been exclusively practicing criminal defense work. My cases have ranged from a large number of homicides, attempted murder, arson and cases of that ilk. For the last 27 years around 90% of my practice has been defending Operating Under The Influence (OUI) cases. That practice has included presenting dozens of seminars to other attorneys around the State Of Maine on how to do the same.

My free consultations with people charged with OUI last a minimum of ninety minutes. Many of these people have met with a number of other attorneys to discuss their cases. They report, other consultations last about twenty minutes. It is impossible to provide the information that they need in one hour, let alone twenty minutes.

OUI/DWI/DUI cases are drastically different from every other kind of criminal case , not only in Maine, in all fifty states. In every other kind of criminal case, you are only dealing with one government entity:  Court.

In OUI cases, three separate government entities:  Court, DMV and the DEEP office are involved.

Herein lies anxiety.

While most people have no idea what the experience has been for people charged with a homicide, attempted murder, arson or the like, nearly every adult knows someone, at least tangentially, who has experienced an OUI case.

That little bit of knowledge includes knowing that there is “a lot of stuff out there”. You know that there is a court case, some kind of other license suspension from somewhere at sometime, including some kind of alcohol education program to do at some point.

The anxiety comes from the fact that you don’t know three things:

1. You don’t know exactly what’s coming
2. You don’t know when it’s coming, and
3. You don’t know how to prepare for it.

I answer all three questions during the initial consultation. I am not going to make all of your anxiety go away. I am going to take it down several levels. You will leave your consultation knowing exactly what is out there, when it’s coming and how to prepare for it in a proactive manner and thereby reduce your worst case scenario (particularly your potential license suspension) dramatically. You will leave my office with a solid understanding of how Court, DMV (the administrative license suspension hearing) and DEEP (Driver Education and Evaluation Program) work.

My legal assistant, Joanne Deering, and I insist on consistent communication with our clients so that we can guide them through what can otherwise be a confusing and frustrating process. Joanne knows more about Court, DMV and DEEP than any single person in Maine. We have been working together as a team for twenty years. Knowing all of this reduces anxiety albeit it does not eliminate it.

I am disheartened to say, most attorneys advertising themselves as “OUI  Specialists” either do not understand the process of dealing with the three government entities or give their clients the wrong advice. This causes increased anxiety and tangible damage to their quality of life especially in terms of license suspensions.

I have been a certified Intoxilyzer operator since 1997, qualified to testify, and in fact testified, as an Intoxilyzer expert witness in Federal Court.   My trial record, ability to get charges reduced and win administrative license suspension hearings is unmatched in the State Of Maine. Knowing that also helps to reduce my clients’ anxiety.

The ultimate goal is to win every case from Court to the DMV hearing (administrative license suspension hearing). However, our concurrent goal is to reduce our clients’ anxiety while going through this process.

You can call us for your free consultation at 207-878-4000 or email us at https://www.nicholstucker.com/ . We are located at 1250 Forest Avenue, Portland, Maine 04103.