Drunk driving (OUI) laws in Augusta, Maine are severe, and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense attorneys today.
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:
Augusta 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 Augusta 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.
Read More → Refusing a Breathalyzer or Chemical Test when Pulled Over for an OUI in Maine
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:
Read More → Underage OUI Charges in Maine
You are breaking the law if you refuse a breath, blood or urine test if you are suspected of OUI in Augusta 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.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense attorneys today.
1 Court Street, Suite 101
Augusta, ME 04330
Phone: (207) 213-2800
Monday through Friday 8AM – 4PM
If your arrest for operating under the influence (OUI) occurred in Kennebec County, then your case will be handled in the Unified Criminal Docket, located at the Kennebec County Courthouse, in Augusta, Maine.
The court is housed in a brand new, modern-looking building at 1 Court Street, in Augusta, Maine, opening in the beginning of 2015. The new building can be difficult to find, as it’s down a hill behind the old superior courthouse. However, all criminal district and superior court cases are heard at this new courthouse. Driving directions can be found using Google Maps, but are also available on the court’s website.
It is also possible that depending on where in Kennebec County you were arrested, your arraignment could take place at the Waterville District Court. Double-check your bail bond or summons to be sure.
There is usually enough parking at the courthouse, but if it’s an especially busy day, you might strike out and have to look for a spot on one of the many side streets nearby.
The streets near the courthouse are generally arranged in a grid-like pattern, with Court Street running directly to the courthouse, so as long as you know where Court Street is, you shouldn’t get lost. Give yourself extra time to make sure you find a spot.
Because The Kennebec County Courthouse is such a new building, the courtrooms don’t have delegated purposes just yet. However, most cases are heard in one of the courtrooms on the first floor.
If you lose your way, be sure to ask court security where you should go, and they’ll help guide you – because the building is still so new, they’re used to having to point people in the right direction.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense attorneys today.
In Augusta, Maine, OUI is processed just like any other criminal case in Cumberland County — through the Unified Criminal Docket (UCD). This means that we will not need to transfer your case to the superior court for a jury on a misdemeanor OUI.
While this is generally good news for defendants, it does mean that the case may not be heard locally but at some distance from where the alleged offense occurred.
An OUI case will go through the following legal steps:
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If you are facing criminal charges in Maine, the 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.
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