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Damariscotta Maine OUI Defense Attorneys

OUI laws in Damariscotta, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving.

Damariscotta Maine Operating Under the Influence Lawyers
Facing Operating Under the Influence (OUI) charges in Damariscotta, 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 Damariscotta bring tenacity and a deep understanding of Maine’s OUI laws. We navigate the complexities of the Damariscotta court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction.

Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense attorneys today.

Table of Contents

Common Concerns About OUI Charges In Damariscotta, Maine

OUI Articles

Damariscotta, Maine

Damariscotta is a small resort town near the coast of Maine. Located in Lincoln County, Damariscotta has a population of 2,218 during the 2010 census.

Damariscotta is one half of the “Twin Villages” – the other half, Newcastle, sits on the opposite side of the Damariscotta River, and is linked to Damariscotta by the Main Street Bridge.

In this way, Damariscotta and Newcastle are paired like several other towns in Maine, like Biddeford and Saco. Damariscotta is known for its historical setting, and it’s small town charm that gives it a classical taste of New England.

As is typical for a resort town, the typical age of a Damariscotta resident is above the state average, even in an older state like Maine. While Maine’s median age is 43 years, in Damariscotta it’s nearly 51.

The town’s affluence, however, is in line with the rest of the state, with a median household income of $45,508. The rest of Maine sits at $46,974.

Also, like the rest of Maine is Damariscotta’s low crime rate. Violent crimes are extremely rare, and property crimes, though they were high for the state as recently as 2010, have fallen in recent years.

Interestingly, this recent fall in the crime rate in Damariscotta has not been because the town has hired more police officers – in fact, the number of full-time law enforcement personnel has fallen in recent years, from 3.15 officers per 1,000 residents in 2010 to 1.81 officers in 2013.

OUI Penalties in Damariscotta, 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

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

Damariscotta 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 Damariscotta 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 Damariscotta, Maine

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

Law Firm Location in Portland, Maine

COURTHOUSE ADDRESS

19 Commercial St
Portland, ME 04101
Phone: (207) 602-1675

HOURS OF OPERATION

Monday through Friday 9AM – 5PM

Contact one of our experienced OUI defense attorneys in Portland, Maine to help you avoid much of the aforementioned pain and headache that comes with getting arrested for drinking and driving.

Location of Courthouse in Wiscasset, Maine

COURTHOUSE ADDRESS

32 High Street
Wiscasset, ME 04578
Phone: (207) 882-6363

HOURS OF OPERATION

Monday through Friday 8AM – 4PM

If you get arrested and charged with a crime, such as operating under the influence (OUI), in Damariscotta, then your case will go before the Wiscasset District Court in nearby Wiscasset

Contact

Clerk: Teri Lambert
Phone: (207) 882-6363

Parking

Parking is available in the parking lot behind the courthouse. Additional parking is available on side streets. There are accessible parking places beside the courthouse. Parking is not allowed on the parking lot access ways or ramps.

Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense attorneys today.

What Is the Court Process for an OUI in Damariscotta, Maine?

Facing the potential repercussions of an OUI conviction, including jail time and fines, underscores the importance of having a knowledgeable attorney guide you through every phase of the investigation.

The Maine Criminal Defense Group specializes in offering advice on the intricate facets of the OUI court process in Maine, emphasizing the pivotal question of whether the prosecutor can establish your guilt beyond a reasonable doubt.

Follow along as we navigate the OUI court process, unraveling each step to gain an understanding of how everything unfolds.

  1. Arraignment: During arraignment in Damariscotta, 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.
  2. Dispositional conference: About six weeks after arraignment, the defense, prosecution and sometimes the judge meet to discuss whether a negotiated resolution is possible.
  3. Motion hearing: The defense in OUI cases often files motions to suppress evidence or for additional discovery. This must happen no later than the day after the dispositional conference and will be heard around two weeks after the dispositional conference.
  4. Jury Selection: if the OUI case proceeds to trial, jury selection in Damariscotta generally happens on a Monday a few weeks after the motion hearing date.
  5. Trial: The trial is usually scheduled for around two weeks after jury selection. Before then, more motions may be filed to decide on the evidence that the jury will see. The OUI trial process normally takes around one or two days in Damariscotta.

Contact Our OUI Defense Lawyers in Damariscotta, Maine

In Damariscotta, Maine, confronting an OUI charge may feel overwhelming, but you don’t have to face it in alone. 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 Damariscotta, Maine, reach out to The Maine Criminal Defense Group at (207) 571-8146.
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