Is there a real difference between a lawyer that provides OUI defense and one that provides general criminal defense? Law Firm advertisements have helped to spawn this common question. The public perception of OUI as distinct from general criminal activity has also fueled the query.
In the late 1980’s, Maine lawyers were first permitted to advertise beyond hanging “a shingle” in front of their offices. Next came billboards, newspaper ads and finally the Internet. Advertisements of all types are still regulated by the Maine Bar Rules. “Puffing” is not allowed. False claims of specialization or expertise are not permitted.
OUI is a crime in Maine. Yet many of us, myself included, hold ourselves out as criminal defense lawyers and OUI defense attorneys.
The reason is simple: Most people accused of OUI do not consider themselves “criminals.”
They are looking for an attorney who has the specialized knowledge, training and experience to handle an OUI case — not an assault, burglary or arson case. Hence, many criminal defense attorneys, well-versed in other types of criminal defense, advertise themselves as OUI defense lawyers.
Although OUI is a crime, the defense of that charge is highly specialized and distinct from defending any other type of criminal allegation. I know from experience.
In my early years as a criminal defense attorney, I handled countless violent felonies and tried dozens of those before juries. I had a very high success rate. I learned how to cross- examine adverse witnesses, to present my own witnesses and to relate effective opening statements and closing arguments to juries in high-stakes trials. I also learned the rules of evidence and trial strategy skills from trying many felony cases. In those days, 1988-1992, most of my cases were court-appointed.
Back in the day, I was occasionally appointed to an OUI case. Although an accomplished criminal defense lawyer, I was perplexed by those cases. If the number (test result) was 0.08 or higher, I had no idea what to do other than seek a reduced charge if the test result was low enough.
In 1992, I dedicated myself to OUI defense in earnest. For the past 22 years, I have devoted 95% of my practice to defending OUI cases. That has included countless hours at seminars, both as an attendee and lecturer, studying chemistry and toxicology, reading peer-reviewed scientific journal articles, and trying OUI cases to juries and judges.
Almost all criminal defense attorneys in Maine advertise themselves as OUI lawyers as well. Many, if not most, of them attend my seminars on OUI defense. If you interview those folks, ask them if they attend. Ask them how many trials they have won with chemical test results.
Finally, at the first interview, ask them your odds of winning or getting a reduced charge. You should cross off your list anyone who definitively answers that question. That lawyer has no idea of how much hard investigation needs to be done and/or does not intend or know how to conduct that investigation.
My background as a traditional criminal defense lawyer and specialized knowledge, education and training as an OUI defense lawyer, make me feel perfectly comfortable holding myself out as a criminal defense attorney and an OUI defense attorney. Check out some of my sample cases.
Do not be fooled by ads. If you have been charged with OUI or any other crime, call me for a free consultation at 207-879-4000. I have moved my office to 1250 Forest Avenue, Portland, Maine 04103. My email remains the same: mnichols@nicholschurchill.com.
Disclaimer: This article is intended to provide general, not specific, information about Maine law. The publication of this article does not constitute an attorney-client relationship between the author(s) and the reader(s).
