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Maine OUI / DUI Attorneys

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OUI / DUI Defense Lawyers in Maine

maine-oui-dui-attorneysIn Maine, driving under the influence (DUI) of alcohol is also known as Operating Under the Influence (OUI). Simply stated, if you are found to have a blood alcohol content of 0.08% or above, you could be arrested and charged with OUI. Your license will also be suspended so you will not be able to drive until your case is resolved.

Maine also operates under the zero-tolerance law, meaning that if someone is under 21 and was found driving with even a trace of alcohol in their system, they will be arrested for OUI.

Understanding a Maine OUI / DUI charge


How much does an OUI / DUI conviction cost in Maine?

A conviction could cost you up to $7,000, so it is important that you do everything in your power to get the charges against you dropped. Our experienced Maine OUI attorneys can help you deal with all the consequences effectively. Look through the information below to learn more.

If you’ve been arrested for an OUI charge, there is important information that you need to know.

For example, you only have 10 business days to stop your license from being suspended. An OUI attorney, with decades of successful case results, can make sure you can keep your license until your trial, but only if you call right away. If you have been arrested for OUI in Maine, you must request a BMV hearing within ten days of the date of your arrest in order to fight an automatic driver’s license suspension from the Secretary of State.

OUI / DUI penalties in Maine

It is illegal to drive with a Blood Alcohol Concentration (BAC) of 0.08% or greater in almost every state including Maine, and the penalties for a DUI or OUI charge and conviction will be detrimental to one’s future.

The period of time that your driver’s license will be suspended is dependent on the number of OUI arrests on your record. A first-time OUI conviction results in a 90-day suspension, two OUI convictions result in a three-year suspension and three or more OUI convictions will result in a six-year suspension.

Learn more about the Types of OUI Charges in Maine.

Consequences of an OUI in Maine

Police officers in Maine take OUI very seriously.

In 2008, 43 people were killed in Maine in accidents where at least one driver had a BAC of 0.08% or above. For this reason, harsh penalties have been enacted in Maine for individuals who are caught and convicted of driving while drunk.

Even first-time offenders will face Class D crime penalties of a minimum $500 fine, a period of incarceration and a court-ordered suspension of a driver’s license for a period of 90 days. The good news is, DUI lawyers have defense strategies that work.

There are many factors that can complicate your OUI arrest making sentencing more serious and charges more difficult to defend. Some of the most common aggravating factors in an OUI/DUI case include:

  • Drugs – Alcohol is not the only intoxicant that can lead to an OUI, all kinds of drugs can too.
  • Underage drinking – If you are under the legal drinking age, the legal BrAC is 0.01%
  • Accidents and injuries – Drunk drivers who cause accidents and injury or death can face additional charges.
  • Reckless driving – Excessive speeding or swerving can add reckless driving charges to an OUI.
  • Previous OUI convictions – For every previous OUI conviction in the past 10 years, you will be punished harsher.
  • Child endangerment – A minor in the car, while you are intoxicated, leads to extra charges for child endangerment.
  • Hit and Run – Hitting a car or person while drunk can only be made worse if you attempt to leave the scene.

Does an OUI in Maine show up on a background check?

OUI / DUI & drug charges in Maine

Driving under the influence of drugs, also known as drugged driving, can result in a OUI conviction.

Illegal substances such as cocaine and marijuana significantly affect one’s ability to drive, but these are not the only types of drugs which can constitute a OUI conviction. Some kinds of prescription medications can also result in OUI, meaning that the driver may be completely unaware that they are breaking the law.

Learn more about driving under the influence of drugs.

Underage OUI / DUI in Maine

Our state operates under the zero-tolerance rule, which means that if a driver is under the age of 21 and is found to have any amount of alcohol in their blood, they could be accused and charged with DUI. This could greatly affect their future and have significant repercussions.

OUI / DUI Accidents in Maine

If you were accused of causing an accident while driving under the influence of alcohol, you could be facing harsh consequences. When serious bodily injury or death occurs as the result, the crime will be enhanced to a higher level.

OUI with Injury in Maine

If you were accused of causing an accident while driving under the influence of alcohol, you could be subject to stricter penalties. When the victim of the accident sustained a serious bodily injury rather than just property damage, you need to ensure that you have a strong representative on your side.

Felony OUI

A conviction of a third, fourth, or subsequent DUI is considered a felony DUI. Also, if you were accused of causing an accident that resulted in serious injury or death, this will also be categorized as a felony.

Vehicular Manslaughter

The most serious charge to be facing in relation to OUI is vehicular manslaughter. When an individual is killed because of a drunk driver, there will be serious repercussions. Also known as vehicular homicide, the penalties in Maine up to twenty years in prison. Not only that, but you could be given heavy fines as well as lose your driver’s license for an extended amount of time. Of course, there is also the possibility that the decedent’s family will bring a civil lawsuit against you for wrongful death.

Leaving the Scene (Maine Hit and Run)

When any accident occurs, it is against the law to leave the scene of the accident until you have exchanged contact information and sought medical attention if anyone was injured. If you were shown to be under the influence of alcohol at the time of the crash, leaving the scene will only add to the penalties you could be facing.

OUI from Out of State

If you were accused of an OUI while in a state other than your own, you could be facing penalties in both states. For this reason, it is important to ensure that you have qualified assistance from someone who understands the complications which can arise from these types of cases.

OUI & Suspended Driver’s License 

Although it may seem like a suspended license is one of the least serious types of penalties you could be facing following a DUI conviction. However, it could greatly hinder your ability to get to work and support yourself and your family. In cases where the accused was in possession of a commercial driver’s license, then they could risk permanently losing their driver’s license.

OUI Penalties

The DUI penalties you could face following a conviction include fines, jail time, a suspended license, substance abuse counseling, ignition interlock device installation, and more. The specifics of these penalties will vary depending on the aggravating circumstances involved, such as an accident, extreme BAC, or leaving the scene.

OUI Process

When faced with an accusation of driving under the influence, you will probably have many questions going through your mind. You need to be aware of what to expect so that you have the best chance of defending yourself. Following the initial traffic stop, you will be brought into custody where the booking process will take place. After this there will be a preliminary hearing. This is important because it is here where the judge will decide if there is enough evidence to take the case to trial.

Boating Under the Influence (BUI)

According to the U.S. Coast Guard, alcohol consumption is more dangerous on water than on land. Boating under the influence will include the factors of water motion and glare as well as the fact that boating operators generally have less experience than motor vehicle drivers. Those convicted of BUI will be subject to the same penalties as someone accused of DUI.

Learn more about Boating Under the Influence (BUI).

Commercial OUI

When a driver has a commercial driver’s license (CDL), they are subject to different rules and regulations. Rather than the legal limit being 0.08%, they will instead be able to be subject to a much lower standard of 0.04% if they’re driving a commercial motor vehicle. If they are driving a car, the .08% standard applies. This is extremely serious as it means that they could lose their license and with it their ability to support themselves and their family.

Learn more about Commercial OUI Charges.

Child Endangerment & Operating Under the Influence

When a driver has a passenger in their car who is under 21 and they are accused of DUI, their penalties will be enhanced. They will be facing at least 48 hours behind bars, have their license suspended for 90 days, and be fined at least $500. Child endangerment charges could also bring up issues of child neglect and you could potentially lose your children as well.

Learn more about Child Endangerment Laws.

Challenging OUI Evidence in Maine

The results of your field sobriety test, blood test, or breath test could prove to be the largest portion of evidence against you. Therefore, if our OUI attorneys in Maine are able to challenge this evidence, the case against you could be substantially weakened. We will examine the accuracy of the tests in order to discover if there were any errors in the administration or interpretation of the test.

BMV Hearings in Maine

Only the Bureau of Motor Vehicles has the ability to suspend a driver’s license. Due to this fact, you may be found not guilty of DUI in court, yet still have your license suspended by the BMV. The BMV hearing will take place at the office closest to where the offense took place and it is here where statements will be heard regarding the case.

Unlawful OUI Police Stops in Maine

If a police officer did not have reasonable cause to pull you over, yet you were arrested for drunk driving, this could cause your case to be dropped. One of your civil rights is protection against illegal search and seizures, and if this has occurred in your case, any evidence they believe they have against you may have to be dropped.

Expungement of OUI’s in Maine

Expungement is the process of clearing or sealing an individual’s record. This benefit is not available to everyone, but it is worth attempting to avail of this so that your criminal record will not affect your future. You could be able to answer “no” when asked if you have ever been arrested or convicted.

Ignition Interlock Devices in Maine

If you were accused and convicted of driving under the influence of alcohol, one of the penalties you could be facing includes an ignition interlock device. This device is installed on the dashboard or wheel of a car and it will not allow the engine to start until the driver has blown into the device and shown to not have alcohol in their body.

Fighting Your OUI Charges in Maine

There are numerous ways that a person can be charged with DUI in Maine, including blood tests, breath tests, and field sobriety tests.

The method for challenging an OUI/DUI arrest starts with examining the type of test that was used for faults or violations of the defendant’s rights.

Attorney William T. Bly is a highly skilled OUI lawyer and has received the following DUI certifications that enable him to defend the rights of the accused:

  • Intoxilyzer Operator & Technician
  • Student and Instructor Certified to administer Standardized Field Sobriety Testing

Having this extensive knowledge of how sobriety tests are administered allows Attorney Bly to examine your police stop and arrest and look for errors. Even something that seems minor to the common person could be grounds to argue that your test results were not accurate. Questioning sobriety test results in a DUI case is usually the best defense because in many cases it is the best and only evidence the court has against you. If that evidence (i.e. the test results) is put into question, your defense becomes a lot stronger and, in some circumstances, may lead to your charges being thrown out.

Contact a Maine OUI / DUI Lawyer Today

There are numerous ways that a person can be charged with DUI in Maine, including blood tests, breath tests, and field sobriety tests. The method for challenging a DUI arrest starts with examining the type of test that was used for faults or violations of the defendant’s rights. Attorney William T. Bly is a highly skilled OUI lawyer and has received the following DUI certifications that enable him to defend the rights of the accused:

  • Intoxilyzer Operator & Technician
  • Student and Instructor Certified to administer Standardized Field Sobriety Testing

Having this extensive knowledge of how sobriety tests are administered allows attorney Bly to examine your police stop and arrest and look for errors. Even something that seems minor to the common person could be grounds to argue that your test results were not accurate. Questioning sobriety test results in a DUI case is usually the best defense because in many cases it is the best and only evidence the court has against you. If that evidence (i.e. the test results) is put into question, your defense becomes a lot stronger and, in some circumstances, may lead to your charges being thrown out.

For some people, the loss of their ability to drive is the worst part of an OUI conviction. The good news is that with the help of an experienced OUI attorney, you may be able to get a restricted license that will allow you to drive to and from school, work and health-related appointments. If you have been arrested for OUI, contact our firm right now to speak with an experienced Maine OUI defense lawyer who can help you.

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