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Strategic defenses against OUI charges in Maine
OUI laws in Maine have potential consequences that go well beyond what most people expect for drunk driving.
Even for a first offense, you can go to jail for up to a year, lose your license and end up with a lifelong criminal record that affects many aspects of your life.
While this may seem harsh for an honest mistake or a first-time aberration behind the wheel of your car, the justice system in Maine is committed to reducing the types of serious accidents associated with DUI and clamps down hard.
To get out of an OUI charge, you need serious legal representation from a team that is committed to compiling the strongest possible defense and understands how these cases usually progress in Maine.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI/DUI & criminal defense attorneys, serving Maine, today.
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What happens if you get an OUI?
An OUI in Maine occurs when a person operates a vehicle with a blood alcohol content (BAC) of 0.08% or higher, is impaired by drugs or alcohol, or a combination of both. From the moment you’re arrested, you face both criminal charges and administrative penalties through the Maine Bureau of Motor Vehicles (BMV).
After an arrest, your license is automatically suspended by the BMV unless you request an administrative hearing within 10 days. This is separate from any suspension imposed by the court if you’re convicted. You’ll also be required to appear in criminal court, where you face fines, potential jail time, and additional license suspensions based on the facts of your case.
If this is your first OUI offense, penalties are less severe than for repeat offenders, but the consequences are still significant. It is critical to act quickly and speak with a qualified OUI attorney who can guide you through both the administrative and criminal processes and develop a strong defense.
What’s next after an OUI arrest in Maine? (Video)
How to get out of an OUI in Maine
Being charged with a first-time OUI (Operating Under the Influence) in Maine is a serious matter, but it does not mean a conviction is guaranteed. While the law allows for penalties of up to 364 days in jail and fines of up to $2,000, most first-time OUI convictions result in far less severe consequences—especially if you work with an experienced OUI defense attorney.
Maine imposes a mandatory minimum for first-time OUI convictions: a $500 fine and a 150-day license suspension, assuming the driver submitted to a chemical test. If you refused the test, the penalties are more severe, including a mandatory minimum of 96 hours in jail, a longer license suspension (up to 14 months), and the possibility of being ineligible for early reinstatement options.
However, there are legal strategies that can help you avoid or reduce these penalties. A skilled OUI defense lawyer can evaluate your case for:
- Illegal traffic stops that lacked reasonable suspicion
- Faulty or improperly administered breath or blood tests
- Officer errors in field sobriety testing procedures
- Violations of your constitutional rights
By identifying errors or weaknesses in the state’s evidence, your attorney may be able to suppress key evidence, negotiate a reduction in charges (such as to Driving to Endanger), or even have the case dismissed entirely.
In some cases, you may also qualify for early license reinstatement after 30 days by installing an ignition interlock device and maintaining it for 120 days. Those who depend on their vehicle for work may also be eligible for a work-restricted license, which can preserve employment while the case is pending.
Working with a criminal defense attorney who focuses on Maine OUI laws gives you the best chance to minimize or avoid the long-term consequences of a conviction.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI/DUI & criminal defense attorneys, serving Maine, today.
Implied consent and chemical testing laws in Maine
If you are taken to a Maine police station on suspicion of OUI and asked to submit to a chemical test, you will need to provide a breath, blood or urine sample.
This is not the same as a roadside test, which you may legally refuse. Chemical tests are compulsory, and refusal can result in harsher penalties than an ordinary OUI conviction.
However, a strict set of procedures must be followed by law enforcement personnel when conducting chemical tests. If these procedures are not followed to the letter, a skilled criminal defense lawyer may be able to use this mistake to help you escape an OUI conviction.
Breath tests must be conducted by persons certified by the Department of Health and Human Services and the equipment used must be approved by that department.
A certificate showing reading from the forensic tests is admissible in evidence at court and constitutes prima facie evidence of blood or breath-alcohol level. The test details and results must be provided to a criminal defense attorney upon request after the arraignment or filing of the BMV suspension action against the defendant.
Can You Get Out of an OUI in Maine?
Yes, it is possible to get out of an OUI charge in Maine, but success often depends on the specific facts of your case and the skill of your legal representation.
First-time offenders may be eligible for a reduced charge such as driving to endanger or alternative sentencing that includes alcohol education, community service, or installation of an ignition interlock device.
Dismissals or reduced penalties can also result from strong legal challenges to the traffic stop, breathalyzer procedures, or constitutional violations during the arrest. However, these outcomes are not automatic—you need an attorney who knows how to uncover and argue those issues effectively.
Understanding potential defenses is only the first step.
The most important factor in successfully fighting an OUI in Maine is hiring an experienced and strategic defense lawyer. Attorney William T. Bly of The Maine Criminal Defense Group brings decades of focused experience in OUI law, including deep knowledge of field sobriety testing, breath and blood test protocols, and courtroom procedure. His ability to identify weaknesses in the prosecution’s case and apply Maine-specific legal strategies can make the difference between a conviction and a dismissal.
If you’re facing an OUI charge, contact our firm today to schedule a confidential consultation and start building your defense.
What happens to out-of-state drivers arrested for an OUI?
If an out-of-state (or Canadian) driver is arrested and convicted in the state of Maine, the conviction is reported to the “home” authorities.
Even before then, the “home” state or Canadian province may suspend a license for the BMV suspension. Massachusetts, for instance, honors Maine BMV suspensions. A conviction will result in a suspension in the home state/province, but the length of suspension will depend on the driver’s record there.
Contact our Maine OUI defense attorneys for help now
To give yourself the best possible chance of getting out of a drunk driving charge in Maine, you need representation from a competent OUI attorney who understands the local OUI laws.
For experienced help in defending an OUI charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI/DUI & criminal defense attorneys, serving Maine, today.
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