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What causes an OUI / DUI to be considered a felony in Maine?

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There are few reasons when an OUI / DUI could be considered a felony.

One of the first reasons a person may be charged with a felony is if they have a past track record of previous drunk driving offenses.

When you are arrested for suspicion of OUI in Maine, police will check your criminal history to look for past convictions. An OUI conviction will stay on your record for 10 years.

If you are arrested again within 10 years, you will face steeper consequences. If you have one prior conviction, you will face steeper penalties but this is still a Class D crime.

If however, you have 2 or more prior convictions, you will face Class C charges.

OUI/DUI Accident Resulting in Death or Serious Injury

Another common reason for felony charges is if you are suspected of being under the influence and causing an accident where serious injury or death occur. If you cause an accident due to driving under the influence and a person is seriously hurt, you will be charged with a Class C crime.

If a victim of an OUI accident loses their life due to injuries due to injuries you inflicted, you can be charged with a Class B offense. B is the highest class of charges that an OUI offense can result in.

Class B or C OUI/DUI in the Last 10 Years

The final way that you can receive Class C or B OUI charges in Maine is through your criminal record. If you have previously been convicted of Class B or C OUI or driving offense in the past ten years, all future OUI charges will result in Class C charges.

For example, you are convicted for a Class C crime for drinking and driving and causing an accident where someone is gravely injured. Five years later you are stopped for running a stop sign and have a BAC of .10%. You will be charged with a Class B offense for this infraction.

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