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Gorham Maine OUI Defense Attorneys

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OUI Defense Lawyers in Gorham, Maine

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

Gorham, Maine

Gorham is a town in southern Maine, just to the west of Portland, with a population of 6,882 in the 2010 census.

As a close suburb to what is becoming one of the hottest cities in New England, Gorham has become the fastest-growing community in the state of Maine.

The financial website NerdWallet even ranked Gorham as the second best town in Maine for young families, citing its rapid growth, low unemployment rates, and high number of artistic events held every year.

With all of this in mind, it should not come as a surprise that Gorham is younger and more affluent than the Maine state average.

The median age of Gorham is 32.5 years old, while Maine’s is 44. Additionally, Gorham’s median household income – a good way of determining a community’s collective wealth – is $67,190, significantly over the median household income of the whole of Maine, which is $46,974.

As expected with this kind of young, affluent, and suburban background, Gorham’s crime statistics show that it is one of the safer towns in Maine, with violent and property crime rates well below the national average.

These numbers remain low, despite the small police force in the town, which had only 1.4 officers per 1,000 residents in 2012, lower than the Maine state average of 1.7.

Due in large part to the fact that one of the University of New England’s (UNE) college campuses are in Gorham, Gorham PD aggressively patrols the community for DUI offenders. College kids like to drink and some of them like to drink and drive.

Gorham PD aggressively pursues and prosecute college-aged DUI offenders. Of course, this aggressive enforcement of Maine’s drunk driving laws results in other, ordinary citizens, getting picked up for an OUI offense in Gorham.

Common Concerns About OUI Charges in Gorham, Maine

OUI Resources for Gorham, Maine

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

OUI Penalties in Gorham, 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

Gorham 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 Gorham 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 Gorham, Maine

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

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

Contact Our OUI Defense Lawyers in Gorham, Maine

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

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