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Eliot Maine OUI Defense Attorneys

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OUI Defense Lawyers in Eliot, Maine

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

Eliot, Maine

Eliot is a large town in York County, Maine. Just north of Kittery, Eliot lies on the New Hampshire border, just across the Piscataqua River from Dover and Portsmouth.

Like many towns surrounding metropolitan areas, Eliot saw its population explode in the years following the Second World War, as more and more people moved into the suburbs and commuted to work in the nearby cities. The 2010 census found that there were 6,204 people living in Eliot.

As a suburb, it shouldn’t be surprising that statistics show that Eliot is one of the more affluent towns in the state of Maine. With a median household income of $66,737, Eliot is well above the state average of $46,974.

When a town has such a high income level, crime rates tend to be much lower, and Eliot is no exception.

In fact, the only thing surprising about Eliot’s crime statistics is just how low they are: Eliot is by far one of the safest communities in not only Maine, but the entire country, as well. Eliot even deploys one of the smaller police forces in Maine, with only 8 full time law enforcement officers on staff.

This made for only 1.12 officers per 1,000 residents in 2013, well below the state average of 1.69.

Eliot Court Location

If you get arrested and charged with a crime, such as operating under the influence (OUI), in Eliot, then your case will be heard in the York District Court. Please see our page on this court for more details, such as unique aspects of the building and court procedures, as well as parking.

Prosecutors

Who will prosecute your case depends on what the charge is. If your court appearance is for a speeding ticket, then you’ll be directly with the police officer who wrote the ticket. Because of their personal connection with the case, this often makes negotiations much more uncomfortable, and less worthwhile.

If your court appearance is for another criminal charge, however, then the York County District Attorney’s Office will handle the prosecution. This office is run by a group of solid, reasonable people. While the entire county is under the District Attorney, Kathryn Slattery, the York office has two primary assistant district attorneys that handle all criminal matters.

If you’ve been charged with drunk driving, take note that the York County prosecutor’s office is taking a hard line against repeat offenders. Therefore, it’s imperative that you get the most qualified OUI defense attorney in southern Maine to represent you.

Finally, if you’ve been charged by the Eliot PD with an OUI, there is a high likelihood that Officer Michael Grogan was the arresting officer. Officer Grogan is the primary OUI enforcement officer for the Eliot PD and does the bulk of night time OUI arrests for the town of Eliot. Officer Grogan is qualified to administer HGN on field sobriety tests and is a qualified Intoxilyzer 8000 operator, which is the only breath alcohol testing device authorized by the State of Maine.

Common Concerns About OUI Charges in Eliot, Maine

OUI Resources for Eliot, Maine

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

OUI Penalties in Eliot, 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

Eliot 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 Eliot 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 Eliot, Maine

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

If you’re facing an OUI charge in Eliot, 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 Eliot, 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 Eliot 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 Eliot.

Contact Our OUI Defense Lawyers in Eliot, Maine

In Eliot, 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 Eliot, Maine, reach out to The Maine Criminal Defense Group at (207) 571-8146.

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