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Kennebunkport Maine OUI Defense Attorneys

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OUI Defense Lawyers in Kennebunkport, Maine

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

Kennebunkport, Maine

Kennebunkport is a town of 3,474, as of the 2010 census, in York County, Maine. While it was once a fishing town, Kennebunkport has evolved into a summer tourist community for the wealthiest people in Maine and the surrounding area.

As a result, Kennebunkport is home to some of Maine’s largest and most extravagant houses, and boasts a downtown with chic stores, souvenir and art galleries, and expensive seafood restaurants. Kennebunkport is also the summer home of former U.S. President George H. W. Bush.

As an upper class summer resort, Kennebunkport is one of Maine’s wealthiest communities. While the state of Maine’s median household income was $46,974, the town of Kennebunkport’s was $77,716. Additionally, Kennebunkport’s residents are much older than is typical for Maine: While the median age for all Maine residents is 44 years old, in Kennebunkport, it’s 55.3 years.

Crime statistics show that Kennebunkport is one of Maine’s safest communities, with violent crimes almost nonexistent, and property crimes well below the state and national averages.

Nevertheless, Kennebunkport maintains a strong police force, composed of 11 officers, as of 2012. With 3.15 officers for every 1,000 residents, Kennebunkport’s police department is nearly double the typical size in Maine, which only average 1.7 officers for every 1,000 residents in 2012.

Kennebunkport Court Location

If you get arrested and charged for operating under the influence (OUI) in Kennebunkport, then your case will be heard by the nearby Biddeford District Court, in Biddeford, Maine.

Please see our page on that particular court for more details, including the court’s exact location, parking information, and unique aspects of the OUI process in Biddeford.

Prosecutors

The York County District Attorney’s Office, York courthouse division, is composed of two primary assistant district attorneys, who are responsible for handling all criminal matters. However, they do not deal with some traffic violations, like speeding tickets.

If your case involves a speeding ticket, you’ll be dealing with directly with the police officer or state trooper who issued you the summons to appear in court, which can make things much more uncomfortable.

Common Concerns About OUI Charges in Kennebunkport, Maine

OUI Resources for Kennebunkport, Maine

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

OUI Penalties in Kennebunkport, 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

Kennebunkport 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 Kennebunkport 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 Kennebunkport, Maine

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

If you’re facing an OUI charge in Kennebunkport, Maine, the legal process unfolds through the Biddeford District Court located at the York Judicial Center in York 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 Kennebunkport, 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 Kennebunkport 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 Kennebunkport.

Contact Our OUI Defense Lawyers in Kennebunkport, Maine

A criminal charge for OUI is no small matter. If you end up getting convicted, the repercussions are serious, and range from significant fines, to a license suspension that can make your life difficult, to possible jail time.

Successfully defending against an OUI charge is crucial to avoid the criminal penalties, as well as the collateral consequences of a conviction. The best way to protect yourself from an OUI charge is to hire the best OUI defense attorney you can find. Attorney William T. Bly at The Maine Criminal Defense Group has built a long list of successful outcomes in court, and has established a reputation as Maine’s premier OUI defense attorney. His experience defending others against OUI charges, along with the knowledge he’s obtained by continually taking courses and seminars on the science behind the law enforcement of OUI laws, makes him the attorney to hire, if you’ve been charged with OUI.

Call The Maine Criminal Defense Group at (207) 571-8146, or contact him directly online, to start planning your DUI defense.

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