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THE LAW OFFICE OF WILLIAM T. BLY
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THE LAW OFFICE OF WILLIAM T. BLY
William Bly

PO Box 1871
Biddeford ME 04005
(207) 571-8146

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 THE LAW OFFICE OF WILLIAM T. BLY

Please Call: 207-571-8146

If you’ve been arrested for OUI in Maine, you need a qualified drunk driving defense attorney. Attorney William T. Bly is a:

  • National College of DUI Defense member
  • National Association of Criminal Defense Lawyers member
  • Maine Association of Criminal Defense Lawyers member
  • Instructor qualified in SFST testing
  • Certified as Intoxilyzer 5000EN operator
  • NCDD seminar at Harvard attendee
  • Mastering Scientific Evidence seminar attendee
  • Blood & Urine Forensics seminar attendee

If you’ve been arrested for OUI in Maine, you need a qualified drunk driving defense attorney. Attorney William T. Bly is a:

  • National College of DUI Defense member
  • National Association of Criminal Defense Lawyers member
  • Maine Association of Criminal Defense Lawyers member
  • Instructor qualified in SFST testing
  • Certified as Intoxilyzer 5000EN operator
  • NCDD seminar at Harvard attendee
  • Mastering Scientific Evidence seminar attendee
  • Blood & Urine Forensics seminar attendee

Education

Rutgers College, New Brunswick NJ
B.A. Political Science Graduated with honors Member of Phi Beta Kappa Society
University of Maine School of Law, Portland Maine
Juris Doctor

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Bar Admissions
State of Maine
State of New Hampshire
State of New Jersey
Federal District Court, District of Maine
Federal District Court, District of New Jersey

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Professional Accreditation
Intoxilyzer 5000EN Certified Operator by the US Department of Transportation
Certified to administer 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)
Certified as an Instructor to teach students in the proper administration of 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)

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Continuing Legal Education
Annual attendance at the National College for DUI Defense Harvard Program (Boston, MA)
Attendance at the Mastering Scientific Evidence Course for DUI Defense (Dallas, TX)
Blood and Urine Forensics Program (San Diego, CA 2009)
Various locally sponsored criminal defense CLE programs

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Professional Associations and Memberships
National Association of Criminal Defense Lawyers
Maine Association of Criminal Defense Lawyers
National Trial Lawyers Association
Maine Trial Lawyers Association
National College of DUI Defense
American Bar Association
Maine Bar Association
York County Bar Association

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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, and Camp Gary Owen, Korea. 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.

Attorney William Bly graduated with Honors from Rutgers College in New Brunswick, NJ in 2000; receiving his Bachelor of Science degree in Political Science with a minor in History. He is a graduate of The Maine School of Law located in Portland, Maine. He also completed a prestigious internship with the Cumberland County District Attorney’s Office where he received an intensive educational and training background in the Maine state criminal justice system.

During his time at the District Attorney’s Office, Portland Drunk Driving Attorney William Bly reviewed and charged numerous criminal cases as well as conducted evidentiary hearings and trials during that time period. As a result of his training and background, Attorney Bly is well versed in the arguments, methodology and trial strategy of the various District Attorneys’ offices throughout southern Maine. Attorney Bly is an avid fly fisherman and spends much of his free time traveling around the Northeast searching for new “fishing holes”.

Please Call: 207-571-8146

Attorney William T. Bly

Portland Drunk Driving Attorney William Bly’s practice is devoted exclusively to the field of criminal defense with a strong concentration in drunk driving defense (OUI). He has successfully defended persons charged with a myriad of crimes, from Class A felonies to Class E misdemeanors.

Attorney Bly 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 traffic accidents involving serious bodily injury.


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Education
Rutgers College, New Brunswick NJ
B.A. Political Science Graduated with honors Member of Phi Beta Kappa Society
University of Maine School of Law, Portland Maine
Juris Doctor

--------------------------------------------------------------------------------

Bar Admissions
State of Maine
State of New Hampshire
State of New Jersey
Federal District Court, District of Maine
Federal District Court, District of New Jersey

--------------------------------------------------------------------------------

Professional Accreditation
Intoxilyzer 5000EN Certified Operator by the US Department of Transportation
Certified to administer 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)
Certified as an Instructor to teach students in the proper administration of 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)

--------------------------------------------------------------------------------

Continuing Legal Education
Annual attendance at the National College for DUI Defense Harvard Program (Boston, MA)
Attendance at the Mastering Scientific Evidence Course for DUI Defense (Dallas, TX)
Blood and Urine Forensics Program (San Diego, CA 2009)
Various locally sponsored criminal defense CLE programs

--------------------------------------------------------------------------------

Professional Associations and Memberships
National Association of Criminal Defense Lawyers
Maine Association of Criminal Defense Lawyers
National Trial Lawyers Association
Maine Trial Lawyers Association
National College of DUI Defense
American Bar Association
Maine Bar Association
York County Bar Association

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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, and Camp Gary Owen, Korea. 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.

Attorney William Bly graduated with Honors from Rutgers College in New Brunswick, NJ in 2000; receiving his Bachelor of Science degree in Political Science with a minor in History. He is a graduate of The Maine School of Law located in Portland, Maine. He also completed a prestigious internship with the Cumberland County District Attorney’s Office where he received an intensive educational and training background in the Maine state criminal justice system.

During his time at the District Attorney’s Office, Portland Drunk Driving Attorney William Bly reviewed and charged numerous criminal cases as well as conducted evidentiary hearings and trials during that time period. As a result of his training and background, Attorney Bly is well versed in the arguments, methodology and trial strategy of the various District Attorneys’ offices throughout southern Maine. Attorney Bly is an avid fly fisherman and spends much of his free time traveling around the Northeast searching for new “fishing holes”.

OUI

 

Operating Under the Influence (OUI)

In Maine, if a Judge or Jury finds you operated a motor vehicle with a blood alcohol content of .08% or more OR you operated a motor vehicle while impaired to the slightest degree, you are guilty of a criminal offense known as Operating Under the Influence (OUI). You can also be charged with OUI if you are operating or attempting to operate your vehicle while under the influence of illegal or prescription drugs. Following your arrest, based solely on the police report and blood alcohol content (BAC) test results, the Secretary of State will suspend your license unless you request a hearing within ten (10) days of the date of suspension. This suspension usually takes place prior to any court appearance, so while you’re waiting for your day in court, you won’t be driving. It is important to understand that the administrative and criminal penalties are like two sides of the same coin. That means you will need to deal with the Secretary of State and BMV who will seek to suspend your driver’s license or privileges administratively and the court system that has the power to impose fines, jail sentences and additional suspensions. If you are convicted of an OUI and hold an out of state driver’s license, your privileges to drive in the state of Maine will be suspended and Maine will notify your home state which may in turn suspend your actual license.

Criminal Penalties

 

The State of Maine treats OUI offenders harshly and these are cases not to be taken lightly. If you are convicted of an OUI in Maine, you face some rather stiff penalties. Please keep in mind that these penalties are mandatory minimum penalties. That means they are the minimum penalties provided by statute, none of which may be suspended by the Judge. Misdemeanor OUIs (Class D crimes) can be punished by up to 364 days in jail and a fine of up to $2,000.00. Class C OUIs, which can be charged if you have two prior OUI convictions within a ten year period, carries a maximum prison term of five (5) years and a maximum fine of $5,000.00.

  • A. For a person having no previous OUI offenses within a 10-year period, which is a Class D crime:
    • 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;
    • 2. A court-ordered suspension of a driver’s license for a period of 90 days; and
    • 3. A period of incarceration as follows:
      • a. Not less than 48 hours when the person:
        • i. Was tested as having a blood-alcohol level of 0.15% or more;
        • ii. Was exceeding the speed limit by 30 miles per hour or more;
        • iii. Eluded or attempted to elude an officer; or
        • iv. Was operating with a passenger under 21 years of age; and
      • b. Not less than 96 hours when the person failed to submit to a test at the request of a law enforcement officer.
  • B. For a person having one previous OUI offense within a 10-year period, which is a Class D crime:
    • 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;
    • 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;
    • 3. A court-ordered suspension of a driver’s license for a period of 3 years; and
    • 4. In accordance with section 2416, a court-ordered suspension of the person’s right to register a motor vehicle.
  • C. For a person having 2 previous OUI offenses within a 10-year period, which is a Class C crime:
    • 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;
    • 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;
    • 3. A court-ordered suspension of a driver’s license for a period of 6 years; and
    • 4. In accordance with section 2416, a court-ordered suspension of the person’s right to register a motor vehicle.
  • D. For a person having 3 or more previous OUI offenses within a 10-year period, which is a Class C crime:
    • 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;
    • 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;
    • 3. A court-ordered suspension of a driver’s license for a period of 6 years; and
    • 4. In accordance with section 2416, a court-ordered suspension of the person’s right to register a motor vehicle.
  • E. In addition, the court shall order an additional period of license suspension of 275 days for a person sentenced under paragraph A, B, C, D if the person was operating the motor vehicle at the time of the offense with a passenger under 21 years of age.

Administrative License Suspension

Unless a longer period of suspension is otherwise provided by law and imposed by the court, the Secretary of State shall suspend the license of a person convicted of OUI for the following minimum periods:

  • A. Ninety days, if the person has one OUI conviction within a 10-year period
  • B. Three years, if the person has 2 OUI offenses within a 10-year period;
  • C. Six years, if the person has 3 or more OUI offenses within a 10-year period.

However, if the Suspension imposed by the Secretary of State is for a Refusal to Submit to a Test, the following penalties apply and any court imposed suspension for a conviction of an OUI offense runs consecutive to the administrative suspension:

  • A. 275 days for a 1st Refusal;
  • B. Three years for a 2nd Refusal;
  • C. Six years for a 3rd and subsequent Refusal.

Work Restricted License

If your driving privileges are suspended by the Secretary of State for a first offense OUI, you have the right to apply for a work restricted license. While there is no guarantee that your petition will be approved, if your BAC is below a .17% your chances of receiving the work restricted license is pretty good. However, if you were suspended for an OUI Refusal, having a minor in the vehicle or you have a prior conviction for OUI, you are not eligible for a work restricted license. The petitioner must show by clear and convincing evidence that:

  • A. As determined by the Secretary of State, a license is necessary to operate a motor vehicle:
    • 1. Between the residence and a place of employment or in the scope of employment, or both; or
    • 2. Between the residence and an educational facility attended by the petitioner if the suspension is under section 2472, subsection 3, paragraph B for a first offense;
  • B. No alternative means of transportation is available; and
  • C. The petitioner has not, within 10 years, been under suspension for an OUI offense or pursuant to section 2453.

Keep in mind however that if you are ultimately convicted of an OUI, your work restricted license will be revoked and your suspension goes into effect immediately. You will of course receive credit for any suspension time served.


Biddeford ME Criminal Defense Attorney

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