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OUI laws in Brunswick, Maine are severe, and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving.
Being charged with an OUI offense brings a wave of worry — about your license, your job, and your family — and it is a lot to carry. You didn't plan for this.
At The Maine Criminal Defense Group, we have sat across from people in exactly your position, and we will meet you where you are, without judgment, and protect your future. You are not defined by this charge.
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Under Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this, and many also understand that the legal limit is .08 percent Blood Alcohol Concentration (BAC).
In Maine, you can be arrested and charged with an OUI even if you are within the legal limit. If a law enforcement officer suspects you of operating a vehicle in an impaired way, you will be arrested and asked to submit to certain tests.
Review the potential penalties for operating under the influence charges in Maine.
| No. of Offense (Last 10 Years) | License Suspension | Jail Time | Minimum Fine |
|---|---|---|---|
| 1st Offense | 150 Days | 0 – 96 Hours | $500 |
| 2nd Offense | 3 Years | 7 Days | $700 |
| 3rd Offense | 6 Years | 30 Days | $1,100 |
| 4th Offense | 8 Years | 6 Months | $2,100 |
A “first offense” means that you do not have any prior OUI convictions in any state within the preceding 10 years.
Maine imposes the following set of mandatory minimum criminal penalties for a first offense OUI conviction:
Brunswick judges frequently exceed these minimum penalties and hand down harsher punishments. It’s important to bear in mind that even for a first conviction, Maine OUI laws allow for a maximum penalty of 364 days in jail.
Penalties for second and subsequent OUI offenses carry harsher minimum and maximum penalties.
The BMV in Brunswick doesn’t wait for a conviction before suspending your driver’s license.
If you fail a breathalyzer test with a BAC of .08 percent or higher, the BMV will suspend your driver’s license. This is an automatic suspension unless you contest it by requesting an administrative hearing (in writing) within 10 days of the notice of suspension date.
An OUI lawyer from The Maine Criminal Defense Group can file for and represent you at the hearing, which can be especially beneficial if you live out of state or are busy working.
If you are unsuccessful at your BMV hearing and are later convicted in court, any criminal driving suspension runs concurrently with the BMV one. You serve the suspension only once.
For a second OUI offense in Maine, it’s considered a Class D crime with potential penalties. The maximum jail term is 364 days, and fines can reach up to $2,000. Mandatory minimum penalties include:
If you refused a chemical test, the penalties become more severe:
To learn more about the penalties for subsequent OUI charges in Maine, please review our comprehensive guide or contact us directly.
For drivers under the age of 21 (the legal drinking limit in Maine), Zero Tolerance laws apply for OUI.
Your license will be suspended by the BMV for any amount of alcohol and, for a first-time OUI, you will face the following criminal penalties:
You are breaking the law if you refuse a breath, blood or urine test if you are suspected of OUI in Brunswick and requested to submit a chemical sample.
This is known as the “implied consent” law, meaning that drivers in Maine must submit to a BAC test or breathalyzer when requested by a qualified law enforcement officer. Refusal will lead to an automatic suspension of your driving privileges for 275 days.
For drivers under the age of 21, a refusal means an automatic suspension of driving privileges for 18 months.
Being charged with Operating Under the Influence (OUI) in Brunswick, Maine can be overwhelming, but an arrest does not guarantee a conviction. There are multiple legal strategies to challenge the evidence, weaken the prosecution’s case, and fight for a dismissal or reduction of charges.
One of the most critical elements of an OUI case is the evidence from field sobriety tests, breath tests, or blood tests. However, these tests are not always accurate or reliable.
We will investigate:
Field Sobriety Test Accuracy – These tests are subjective and can be influenced by fatigue, medical conditions, or poor weather conditions.
Breathalyzer Calibration & Errors – Breath testing devices must be properly maintained and calibrated. If the machine was not functioning correctly, the results could be inadmissible.
Blood Test Chain of Custody – If there were errors in how your blood sample was collected, stored, or analyzed, the results may be invalid.
The Legality of the Traffic Stop – Did law enforcement have reasonable suspicion to pull you over? If not, the stop may have been unlawful.
The Arrest Process – Did the officers follow proper legal protocols? Violations of your rights could lead to evidence being suppressed.
If we uncover flaws in the testing process, we can weaken the prosecution’s case and potentially get the charges reduced or dismissed.
Proving lack of impairment
Even if your Blood Alcohol Concentration (BAC) was recorded above the legal limit, it does not always mean you were impaired. Common defenses include:
Field Sobriety Test Inaccuracy – Factors such as uneven surfaces, poor lighting, or medical conditions can affect test performance.
Alternative Explanations for Behavior – Fatigue, anxiety, or even poor balance may have been misinterpreted as intoxication.
Examining Police Procedures
Police officers must follow strict guidelines when conducting OUI stops and arrests. If they violate your rights or fail to adhere to protocol, your charges could be dismissed. Your defense lawyer will examine:
The Legality of the Stop – If the officer lacked reasonable suspicion to pull you over, any evidence collected after the stop may be inadmissible.
Arrest Procedures – If your Miranda rights were not read or officers did not follow proper arrest protocols, your case may be challenged.
Maine’s implied consent law requires drivers to submit to a chemical test when lawfully arrested for OUI. However, if officers failed to properly inform you of your rights and the consequences of refusal, your license suspension or charges could be contested.
To legally stop and arrest a driver for OUI, police must have reasonable suspicion or probable cause. If an officer stopped you without a valid reason—such as an illegal checkpoint, profiling, or a simple hunch—your attorney may argue that the entire case should be dismissed.
Choosing the right OUI defense attorney in Brunswick, Maine is one of the most consequential decisions you will make after an arrest. The right attorney brings more than general legal knowledge.
They bring specific experience with Maine’s OUI laws, familiarity with how cases move through Brunswick’s courts, and the technical skills to challenge the evidence against you.
Maine’s OUI laws are technical, and defending against them requires an attorney who understands the science behind the evidence, not just the legal procedures.
Attorney William T. Bly is a certified breath alcohol technician and a certified field sobriety testing instructor. Those certifications mean he evaluates breathalyzer results, blood alcohol evidence, and field sobriety test administration with the same technical knowledge used to collect that evidence in the first place.
That depth of expertise is directly relevant to building an effective defense.
You should never feel uninformed about where your case stands. At The Maine Criminal Defense Group, Attorney Bly takes the time to explain your options, answer your questions, and develop a defense strategy tailored to the specific facts of your case.
Whether the goal is negotiating a reduced charge or preparing for trial, the approach is built around your situation, not a one-size-fits-all formula.
Be cautious of any attorney who guarantees outcomes. What you should look for instead is an attorney known for honest case assessments, ethical representation, and a track record of achieving favorable results for clients.
Attorney Bly’s reputation throughout Brunswick and the rest of Southern Maine reflects a consistent commitment to his clients’ rights and a straightforward approach to criminal defense.
Attorney William T. Bly is a certified breath alcohol technician and certified field sobriety testing instructor — the same credentials held by the officers who tested you.
With 20+ years of Maine OUI defense experience, he knows exactly where those tests can fail and how to use that to your advantage.
14 Maine Street, Suite 212
Brunswick, Maine 04011
Phone: 207-305-3799
Monday through Friday 9AM – 5PM
Contact one of our experienced Brunswick OUI defense attorneys to help you avoid much of the aforementioned pain and headache that comes with getting arrested for drinking and driving charges.
If you’ve been charged with operating under the influence (OUI) in Brunswick, Maine, it’s critical to understand the court process—and to have an experienced defense attorney by your side. An OUI conviction can lead to serious penalties, including jail time, steep fines, and the suspension of your driver’s license. Having skilled legal counsel early on can make a significant difference in the outcome of your case.
At The Maine Criminal Defense Group, we guide clients through every phase of the OUI court process. Our attorneys focus on protecting your rights and challenging whether the prosecution can prove your guilt beyond a reasonable doubt.
Here’s what you can expect as your OUI case moves through the Brunswick court system:
Your first court appearance is the arraignment. In Brunswick, this is where you will formally hear the OUI charges against you and enter a plea—typically “guilty,” “not guilty,” or “no contest.” This step officially sets the stage for all future proceedings in your case.
Approximately six weeks after the arraignment, your case will be scheduled for a dispositional conference. This meeting typically involves your defense attorney, the prosecutor, and sometimes the judge. It’s an opportunity to discuss whether a negotiated resolution—such as a plea agreement—can be reached without proceeding to trial.
If your defense attorney identifies constitutional or evidentiary issues, motions will be filed—such as a motion to suppress breathalyzer results or other evidence. Motions must generally be filed shortly after the dispositional conference. A hearing on these motions usually takes place about two weeks later, giving the court a chance to rule on key issues before trial.
If your OUI case is heading to trial, the next major step is jury selection. In Brunswick, jury selection typically happens on a Monday a few weeks after the motion hearing. Selecting impartial jurors is critical, as they will ultimately decide whether the evidence supports a conviction beyond a reasonable doubt.
The OUI trial in Brunswick is typically scheduled about two weeks after jury selection. Trials for first-time or misdemeanor OUI offenses usually last one to two days. Before trial, additional motions may be filed to determine what evidence the jury can consider. Your defense attorney will present evidence, challenge the prosecution’s case, and argue for your acquittal.
Navigating the OUI court process without strong legal representation can put your future at serious risk. The Maine Criminal Defense Group brings years of experience defending OUI charges throughout Maine, including Brunswick. We understand how to challenge the state’s evidence, protect your rights, and fight for the best possible outcome.
Contact us today to schedule a confidential consultation and start building your defense.
In Maine, you can not get an OUI expunged.
An OUI conviction in Maine creates a permanent record on both your driving and criminal history, and the impact extends far beyond this lasting mark.
The only possible way to address an OUI conviction on your record is by seeking executive clemency from the Governor. However, this option is exceedingly rare for OUI offenses and involves a rigorous, time-consuming application process. Even if clemency is granted, it does not fully expunge the conviction. The offense may still appear on certain background checks.
Facing an OUI,DUI, DWI charge in Brunswick, Maine comes with a range of legal consequences that can affect many aspects of your life and it’s crucial to understand these regulations to protect your rights and avoid losing your driving privileges.
An OUI arrest can turn your life upside down overnight. The fear of losing your license, your job, or your reputation is real, and what you do next matters. An OUI charge is not a conviction, and the outcome is not predetermined.
Contact our office to speak with
one of our team members who will set up a confidential consultation to discuss your case.
Great group of people. Managed to get me a favorable outcome from a very bad situation. I would highly recommend this firm if you have legal troubles. Top notch performance!!
So thankful I chose this team to represent me. They’re the best, hands down. Nathan Hitchcock proved my innocence not once but TWICE, including a trial by jury. I have a family in law enforcement who told me “Bill Bly and his team are the best. If I would recommend anyone, it would be them.”
If you are facing criminal charges or an OUI/DUI offense in Maine, the defense attorneys at The Maine Criminal Defense Group are here to help. Call our office to speak with one of our team members, who will discuss your case with you and set up a consultation with one of our attorneys.
We are a boutique law firm, and we stand out by prioritizing our clients’ well-being. At The Maine Legal Group, our experienced team offers personalized attention in both criminal defense and divorce cases.
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