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OUI / DUI Defense Lawyers in Freeport, Maine

Freeport Maine OUI Defense Lawyers

If you’ve been arrested for OUI in Freeport, Maine, it’s important to know that you have legal rights that need to be protected. With the help of an experienced OUI defense lawyer, you can ensure that your rights are upheld and that you have a strong defense against the charges.

Whether you’re facing your first offense or a subsequent charge, the right OUI lawyer can make all the difference in the outcome of your case. With a proven track record of success, a dedicated OUI lawyer at The Maine Criminal Defense Group can fight to defend your rights and ensure that you receive fair treatment throughout the legal process.

OUI laws in Freeport, Maine

Under Maine OUI laws, it is illegal to operate a vehicle under the influence of alcohol or other intoxicants while driving in Freeport, Maine. Most drivers are aware of this and understand that the legal limit is .08 percent Blood Alcohol Concentration (BAC).

However, it is important to note that you can still be arrested and charged with OUI even if you are within the legal limit. If a law enforcement officer suspects that you are operating a vehicle in an impaired way, you will be arrested and required to undergo certain tests.

In Freeport, first and second OUI offenses are generally charged as Class D misdemeanors. However, subsequent offenses may be elevated to a class C felony.

If you plead guilty to OUI or are found guilty by a judge in Cumberland County, you will face both criminal penalties from the court and administrative penalties from the Bureau of Motor Vehicles (BMV) in Maine.

OUI / DUI penalties in Freeport, Maine

If the OUI investigation gathers strong evidence of an operating under the influence crime, you could end up getting convicted on drunk driving or drugged driving charges.

The penalties for an OUI conviction continue to change and carry heavier penalties and fines as politicians continue to cater to special interest groups that want to punish drunk drivers.

As a result, the sanctions for an OUI conviction, even one that does not involve a crash or injury,  are shockingly high for the severity of the crime:

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

OUI defenses in Freeport, Maine

An experienced OUI defense attorney can help you navigate through the complexities of an OUI case as very few of these cases are straightforward. With the assistance of a knowledgeable attorney, pretrial negotiations can be initiated to convince the prosecutor to dismiss the charges.

In the event that the case proceeds to trial, different defense strategies can be employed depending on the specific circumstances of your case. For example:

  • Lack of Witness Credibility: lack of witness credibility can be used as a defense if the officers or witnesses involved in your case provide inconsistent testimony or reports.
  • No probable Cause for Arrest: Similarly, if the arresting officer lacked probable cause to arrest you and compel you to take the breathalyzer or blood test, it can weaken the prosecution’s case against you.
  • Unreliable Field Sobriety Tests: Unreliable field sobriety tests administered incorrectly by poorly trained officers can be used as a defense, as can any technical issues or malfunctions with the breath test equipment.
  • Chemical Blood Test Issues: Finally, strict procedures must be followed with blood tests, and any deviation from these can result in contamination and the evidence being dismissed.

Implied consent penalties in Freeport, Maine

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

Refusal Penalties in Freeport

Under implied consent law, Maine requires all drivers submit to a blood-alcohol content (BAC) test or breathalyzer when asked by police. Refusing will cause an automatic suspension of your driving privileges for 275 days.

If you are under 21 and refuse the breathalyzer, your license and privilege to operate will be suspended for 18 months. For further details on DUI penalties and refusal laws in Maine, visit this page.

Location of courthouse in Portland, Maine

If you get charged with operating under the influence (OUI) in Portland, your case will be handled in the Portland Unified Criminal Docket, in Portland, Maine. The courthouse is located at:

205 Newbury Street
Portland, ME 04101
Phone: (207) 822-4200

Hours of Operation
Monday through Friday 8AM – 4PM

The Maine district courthouse resides in a large, bulky, white stone building. Driving directions can be found using the following Google Maps directions, and are also available on the court’s website.

Importantly, make sure that you go to the correct courthouse. The Federal District Court for Southern Maine is located directly across Pearl Street from the Maine District Court. The Federal District Court is for federal cases – many people mistakenly go to the federal courthouse when they actually have a state case.

Your OUI charge is a state charge, so will be handled in the Maine District Court, not the Federal District Court. Unfortunately, both courthouses look very similar, and are right across the street from each other.

Make sure that you go to the correct court; if you don’t, and are unable to make it to a court proceeding that requires your presence, the court can issue a warrant for your arrest.

If you have any doubts, stand in Lincoln Park, near the intersection of Pearl Street, and Federal Street, and stand with your back to the park, facing the intersection.

You want to be in the Maine District Court, the building on the left. You will only have to walk across one road – Federal Street – to get to it. To get to the Federal District Court from that point, you will have to walk across two roads – Federal Street, and Pearl Street.

What is the court process for OUI charges in Freeport?

In Freeport Maine, OUI is processed just like any other criminal case in Cumberland County — through the Unified Criminal Docket (UCD). This means that we will not need to transfer your case to the superior court for a jury on a misdemeanor OUI.

While this is generally good news for defendants, it does mean that the case may not be heard locally but at some distance from where the alleged offense occurred.

An OUI case will go through the following legal steps:


The OUI defendant is scheduled to appear before a judge in either Portland Unified Court, Bridgton District Court, or West Bath District Court to hear the charges and enter a plea.

Dispositional conference

About six weeks after arraignment, the defense, prosecution and sometimes the judge meet to discuss whether a negotiated resolution is possible.

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.

Jury selection

If the OUI case proceeds to trial, jury selection in Portland generally happens on a Monday a few weeks after the motion hearing date.


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 Portland.

If you’re facing OUI charges in Freeport, or elsewhere in Cumberland County, contact an experienced OUI defense attorney like William T. Bly. He has handled countless cases in the Alfred Superior Courthouse and elsewhere in Maine, and knows the ins and outs of all of them. His knowledge of local court rules can mean the difference between a acquittal, and a conviction. Contact his law office at (207) 571-8146.

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