Defending against your 1st OUI offense in Southern Maine
A first OUI offense in Maine can potentially have long-term consequences, but with the right legal representation, alleged offenders can escape the harshest penalties.
A first offense for impaired driving is likely to lead to an arrest, charge, and a court appearance. However, the criminal justice system recognizes that some people with no criminal record make honest mistakes, which can afford some leniency in sentencing.
The focus of sentencing for first offenders is often on ensuring that the same mistakes are not repeated. Jail time is possible, but not probable unless there are aggravating circumstances. Sentencing may involve extensive fines and fees and rehabilitative measures, such as attendance at a DUI school (DEEP), community service or alternative treatment programs.
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What happens after a 1st OUI Offense in Maine?
After a first OUI offense in Maine, you can face an immediate driver’s license suspension, criminal charges, court appearances, and penalties that may affect your record, employment, and future. Even a first OUI offense is taken seriously under Maine law and can lead to lasting consequences if not handled properly.
If you operate a motor vehicle while under the influence of alcohol or drugs, or with a blood alcohol content (BAC) of 0.08% or higher, you may be charged with Operating Under the Influence (OUI). A first OUI is typically charged as a misdemeanor, which can appear on your criminal record and impact job opportunities, housing, and professional licensing.
Following an arrest, the Maine Bureau of Motor Vehicles (BMV) will usually impose an immediate 150-day administrative license suspension. If you refuse a post-arrest chemical test, your license can also be suspended under Maine’s implied consent law, even before your criminal case is resolved.
Refusing the test can create additional consequences. If you are later convicted, the refusal may trigger mandatory jail time of at least 48 hours as part of your sentence.
You may challenge the administrative suspension, but you generally must request a hearing within 10 days. A hearing examiner will review the evidence and determine whether the suspension should remain in place. Early legal representation can improve your chances of protecting your license.
Your criminal case then moves to arraignment, which is your first court appearance. This is the stage where the charge is formally presented and future court dates are scheduled. Speaking with an experienced Maine OUI defense attorney before arraignment can help you understand your options and begin building a defense immediately.
1st OUI offense penalties in Maine
If you are convicted of a first OUI offense in Maine, with no prior convictions and no breath test refusal on your record in the last 10 years in any state, the court’s 1st OUI penalties include:
- Mandatory minimum penalty of 150 days of license suspension (in addition to the administrative penalty)
- $500 fine
- Additional surcharges and fees
If you want to drive after serving 30 days of your suspension, you may be able to do so if you’re eligible to fit an ignition interlock device (IID) in your vehicle for the remaining 120 days of the suspension.
If aggravating circumstances are present with the OUI, such as a blood or breath-alcohol content above .14, a passenger under 21 years of age, excessive speeding (30+ mph over the limit) or an accident, a mandatory minimum two-day jail sentence applies.
What are the penalties for chemical test refusal after a 1st OUI in Maine?
A refusal to take a chemical test (breath, urine or blood test) in these circumstances results in a mandatory minimum sentence of four days in jail and a $600 fine.
Penalties for a First OUI offense causing death in Maine
If an impaired driver causes the death of another person, a prison sentence of up to 30 years (for a felony) can be imposed, along with six years of probation, a $20,000 fine, and a license suspension of 10 years to life.
Accidents involving OUI drivers can result in significant civil claims as well as criminal charges.
The long-term consequences of a criminal record should not be ignored either. Simply having a blot on your record due to a first OUI offense can impact employment, education, accommodation, travel (including to Canada), and immigration status. Offenders may also face higher insurance premiums and find renting a car to be challenging.
How to beat a 1st OUI in Maine
With the potentially serious consequences of a first OUI in Maine, pleading guilty is rarely the best option.
Despite what police officers say, proving OUI in court can be highly technical and is often problematic for the state, especially if you secure the help of an experienced OUI defense attorney who has the skills and tenacity to help you beat your 1st OUI offense in Maine.
Every case is different, but some common defenses include:
- The police lacked reasonable suspicion or probable cause to stop your vehicle: the police need reasonable suspicion that a crime has been committed or is about to be committed, or the evidence gathered may not be admissible. Usually, speeding, running stop lights or exhibiting driving impairment patterns are cited by police as the cause for the stop.
- Unreliable field sobriety test results: the results of the “Walk and Turn”, “Horizontal Gaze Nystagmus” or the “One Leg Stand” tests, which are often used in Maine roadside OUI stops, can often be questioned as they depend on the subjective opinions of police officers.
- Inaccurate breathalyzer or chemical test results: the equipment used during breath or chemical tests may have been poorly calibrated or the individual operating it may not have been authorized to do so or did not follow the correct procedures.
- A medical condition: if you are taking certain medications or following certain diets that would affect the test results, it may be argued that this resulted in a higher-than-normal BAC.
- Breach of constitutional rights: if law enforcement fails to uphold your constitutional rights during the stop, arrest or charge process, the case against you maybe dismissed.
- BAC below .08% at the time of operation: alcohol levels in the blood gradually rise for up to three hours after consuming alcohol. The argument may sometimes be made that the reading was over .08 at the time the chemical test was taken but below it while operating the vehicle earlier.
- Mistaken driver identity: the state must prove that you were the driver of the vehicle that was stopped.
If you or someone you know is the subject of a first-time criminal OUI charge in Maine, call The Maine Criminal Defense Group for assistance.
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