;
Call Now To Get Your Life Back
207-571-8146
Menu
Search
We Fight To Have Your Charges Dismissed

Cape Elizabeth Maine OUI Defense Attorneys

check

AVOID A
CRIMINAL RECORD

check

OUR RATES INCLUDE
TRIAL FEES*

check

OVER 115+
GOOGLE REVIEWS

check

OVER 165+
AVVO REVIEWS

OUI Defense Lawyers in Cape Elizabeth, Maine

Cape Elizabeth Maine Operating Under the Influence (OUI) Lawyers
Facing Operating Under the Influence (OUI) charges in Cape Elizabeth, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense.

At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Cape Elizabeth bring tenacity and a deep understanding of Maine’s OUI laws. We navigate the complexities of the Cape Elizabeth & Cumberland County court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction.

Common Concerns About OUI Charges in Cape Elizabeth, Maine

OUI Resources for Cape Elizabeth, Maine

OUI Penalties Underage OUI Felony OUI
OUI Habitual Offenders Implied Consent Laws OUI Field Sobriety Testing

OUI Penalties in Cape Elizabeth, Maine

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

Read More Extensive Guide to OUI and Impaired Driving Penalties in Maine

First OUI Penalties

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:

  • $500 fine
  • 150-day driver’s license suspension
  • Misdemeanor on your permanent record

Cape Elizabeth 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.

BMV OUI penalties

The BMV in Cape Elizabeth 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

Second OUI Penalties

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:

  1. Seven days of mandatory minimum jail time.
  2. A mandatory minimum fine of $700.
  3. A three-year license suspension and loss of the right to register a motor vehicle.

If you refused a chemical test, the penalties become more severe:

  1. A mandatory minimum jail sentence of twelve days.
  2. A mandatory minimum fine of $900.

To learn more about the penalties for subsequent OUI charges in Maine, please review our comprehensive guide or contact us directly.

Underage OUI penalties

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:

  • 150-day suspension
  • Driver Alcohol Education (DEEP Program)
  • Reinstatement fees

Read More Underage OUI Charges in Maine

Implied consent penalties in Cape Elizabeth, Maine

You are breaking the law if you refuse a breath, blood or urine test if you are suspected of OUI in Cape Elizabeth 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.

Possible OUI defenses in Cape Elizabeth, Maine

If you’re facing an OUI charge in Cape Elizabeth, Maine, the legal process unfolds through the Unified Criminal Docket (UCD) in Cumberland County. Unlike more serious offenses, misdemeanor OUI cases won’t be transferred to the superior court for a jury trial.

Here’s an overview of the key legal steps in the OUI case:

Arraignment

During arraignment in Cape Elizabeth, Maine, the defendant appears before a judge, hears the charges, and enters a plea. This crucial step sets the stage for subsequent legal proceedings in the case.

Dispositional Conference

Approximately six weeks after arraignment, a meeting takes place involving the defense, prosecution, and sometimes the judge. The purpose is to explore whether a negotiated resolution is possible.

Motion Hearing

The defense often files motions, such as to suppress evidence or for additional discovery. These motions must be submitted by the day after the dispositional conference and are typically heard around two weeks later.

Jury Selection

If the case proceeds to trial, jury selection in Cape Elizabeth generally occurs on a Monday a few weeks after the motion hearing.

Trial

The trial is usually scheduled approximately two weeks after jury selection. Before the trial, additional motions may be filed to determine the admissible evidence. Typically lasting one or two days, the OUI trial process concludes in Cape Elizabeth.

Cape Elizabeth, Maine

Cape Elizabeth is a town in Cumberland County, Maine.

With a population of 9,015 in the 2010 census, Cape Elizabeth is a wealthy suburb of Maine’s largest city, Portland, sharing its northern border with South Portland.

The town is the site of one of the most iconic lighthouses in the world, the Portland Head Light, which is also Maine’s oldest lighthouse, built in 1791. The Head Light is located in the northeastern section of Cape Elizabeth, across the Danforth Cove from Cushing Island, inside the area that used to be Fort Williams.

Demographic figures show that the town of Cape Elizabeth is easily one of the wealthiest areas of Maine, with a 2013 median household income of $89,989, compared to the state average of $46,974.

It’s also one of the safest, with a police force of 1.43 officers per 1,000 residents, compared to Maine’s average of 1.69, and a crime index of 63.8, compared to the national average of 294.7.

Contact Our OUI Defense Lawyers in Cape Elizabeth, Maine

In Cape Elizabeth, Maine, confronting an OUI charge may feel overwhelming, but you don’t have to face it in isolation. Our steadfast OUI defense team is ready to safeguard your rights, scrutinize evidence, and strive for the optimal resolution in your case.

Backed by a history of successful outcomes, we are dedicated to offering you seasoned legal advice and steadfast assistance through this demanding period. Should you have inquiries about navigating an OUI charge in Cape Elizabeth, Maine, reach out to The Maine Criminal Defense Group at (207) 571-8146.

Blog Posts

What If I Blow Under .08 on a DUI Breath Test in Maine?
Implied Consent OUI/DUI/DWI Sobriety Checkpoints

What If I Blow Under .08 on a DUI Breath Test in Maine?

If you blow under .08 in a DUI breath test in Maine, it may be jumping the gun to breathe...
Read More
Can You Enter Canada with an OUI on Your Record?
OUI/DUI/DWI

Can You Enter Canada with an OUI on Your Record?

Information Updated: October 25, 2023 Between 11 and 15 million Americans visit Canada each year but you’re unlikely to contribute...
Read More
{"slide_show":"2","slide_scroll":1,"dots":"false","arrows":"true","autoplay":"false","autoplay_interval":3000,"speed":600,"loop":"true","design":"design-2"}

Ready to get your life back? Call now!

Ready to Get Started? Contact Our Firm Today!

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

Call Now Button