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OUI / DUI Defense Lawyers in Maine

drunk driving OUI Defense Attorneys in Maine

In Maine, driving under the influence (DUI) of alcohol is also known as Operating Under the Influence (OUI).

Simply stated, if you are found to have a blood alcohol content of 0.08% or above, you could be arrested and charged with OUI.

Your license will also be suspended so you will not be able to drive until your case is resolved.

Maine also operates under the zero-tolerance law, meaning that if someone is under 21 and was found driving with even a trace of alcohol in their system, they will be arrested for OUI.

Understanding a Maine OUI / DUI charge

What is the difference between OUI & DUI?

DUI in Maine is termed “OUI”, which stands for Operating Under the Influence. This is a serious traffic offense that needs a serious defense to avoid potentially harsh penalties.

If you are stopped and suspected of having consumed alcohol or illicit drugs, you will be asked to take a field sobriety test and/or blow into a breathalyzer. The results of this may lead to an OUI charge — and you cannot refuse a blood or breath test or you will be arrested and charged immediately (more about this below).

Note that the legal limit is 0.08 percent blood alcohol concentration (BAC) but you do not need to be at or over that limit to be charged with OUI in Maine. If your driving is impaired by the use of alcohol or drugs in any way, according to the observations of the police officer(s), you can be arrested and charged with OUI.

Do not try to defend an OUI charge yourself. As you will see in the next section, the consequences are harsh — and you do not want to be saddled with a criminal record for the rest of your life.

An experienced OUI defense lawyer can often challenge the police evidence and fight your OUI charge.

How much does a drunk driving conviction cost in Maine?

A conviction could cost you up to $7,000, so it is important that you do everything in your power to get the charges against you dropped. Our experienced Maine OUI attorneys can help you deal with all the consequences effectively. Look through the information below to learn more.

If you’ve been arrested for an OUI charge, there is important information that you need to know.

For example, you only have 10 business days to stop your license from being suspended. An OUI attorney, with decades of successful case results, can make sure you can keep your license until your trial, but only if you call right away.

If you have been arrested for OUI in Maine, you must request a BMV hearing within ten days of the date of your arrest in order to fight an automatic driver’s license suspension from the Secretary of State.

What are the penalties for OUI/DUI in Maine?

The penalties for OUI/DUI in Maine depend upon whether it is your first offense — or a subsequent one. Be aware that Maine judges routinely exceed the recommended minimum penalties when sentencing.

First OUI offense

A first OUI in Maine is a misdemeanor offense with the following penalties:

  • Mandatory minimum 150-day license suspension
  • $500 fine plus additional court-related fees
  • Ineligible for a work-only license during the first 100 days of the license suspension
  • Attendance at alcohol school (after which a full license reinstatement is allowed after 30 days of no driving —with an Ignition Interlock Device installed until the end of the suspension)

If there are aggravating circumstances present, such as a BAC of .15 percent or higher, passengers under the age of 21, or speeding over 30 mph above the speed limit, a mandatory minimum two-day jail sentence applies.

Second OUI offense

If your DUI happened within 10 years of a previous offense in any state (or you refused a breath test in Maine during the same period), it will be counted as a second misdemeanor offense and the following penalties will apply:

  • Mandatory minimum three-year license and registration suspension
  • Seven-day jail sentence
  • $700 fine
  • Attendance at alcohol school (after which a full license reinstatement is allowed after three months of no driving — with an Ignition Interlock Device installed for two years)

Third OUI offense

A third or subsequent OUI conviction within ten years or an OUI accident resulting in serious injury elevates the OUI to a Class C felony with the following punishments:

  • A maximum of five years in prison, a $5,000 fine, and two-year probation
  • A minimum 30-day jail sentence and a $1,100 fine
  • A six-year license suspension without a work-only license and suspension of the right to register a vehicle
  • Attendance at alcohol school (after which a full license reinstatement is allowed after three months of no driving — with an Ignition Interlock Device installed for three years)

Fourth OUI offense

A fourth OUI offense is a Class C felony in Maine and carries the following penalties:

  • A maximum of five years in prison, a $5,000 fine and a two-year probation period
  • A minimum six-month jail term and $2,100 fine
  • Eight-year license suspension without a work-only license and suspension of the right to register a vehicle

Mandatory installation of an Ignition Interlock Device for four years AFTER the license suspension has ended

OUI with an injury

Any OUI involving an accident with serious injury is a Class C felony that results in the following penalties:

  • A maximum of five years in prison, a $5,000 fine and two-year probation
  • A minimum six-month jail term and $2,100 fine
  • Six-year license suspension without a work-only license and suspension of the right to register a vehicle
  • Attendance at alcohol school (after which a full license reinstatement is allowed after three months of no driving — with an Ignition Interlock Device installed for three years)

Learn MoreOUI Laws & Penalties in Maine (2021)

License suspension for excessive blood-alcohol levels

The license suspensions outlined above can be imposed even before you go to court by the Maine Bureau of Motor Vehicles for drivers with BAC levels of .08 percent or more.

If you want to challenge the suspension, you’ll need to request a hearing in writing within ten days of the date of suspension.

Whether or not you are found guilty of the criminal OUI charge, the administrative suspension will apply unless it is successfully challenged.

Suspensions are even more serious for drivers aged 21 years or older with a passenger under the age of 21, with an additional 275-days imposed.

Does an OUI in Maine show up on a background check?

Watch and listen to this video where William Bly discuss “operating under the influence” and whether these charges can show up on a background check.


Refusal to submit to implied consent testing in Maine

The implied consent laws in Maine mean that you cannot refuse to submit to a blood, urine or breath test if requested by a police officer.

If you do refuse, you will face the following administrative BMV penalties:

  • A 275-day license suspension for a first refusal
  • An 18-month operator license suspension for a second refusal within 10 years
  • A three-year driver’s license suspension for a third refusal within 10 years
  • A six-year operator’s license suspension for a fourth refusal within 10 years
  • An 18-month driver’s license suspension for a first refusal by a driver aged under 21
  • A 30-month driver’s license suspension for a second refusal by a driver aged under 21

OUI / DUI under the influence of drugs in Maine

Driving under the influence of drugs, also known as drugged driving, can result in a OUI conviction.

Illegal substances such as cocaine and marijuana significantly affect one’s ability to drive, but these are not the only types of drugs which can constitute a OUI conviction. Some kinds of prescription medications can also result in OUI, meaning that the driver may be completely unaware that they are breaking the law.

Learn more driving under the influence of drugs.

Common types of OUI charges in Maine

Underage OUI / DUI

Our state operates under the zero-tolerance rule, which means that if a driver is under the age of 21 and is found to have any amount of alcohol in their blood, they could be accused and charged with DUI.

This could greatly affect their future and have significant repercussions.

Learn More An overview of Juvenile OUIs and Other Juvenile Offenses in Maine

OUI / DUI accidents

If you were accused of causing an accident while driving under the influence of alcohol, you could be facing harsh consequences.

When serious bodily injury or death occurs as the result, the crime will be enhanced to a higher level.

OUI / DUI related injuries

If you were accused of causing an accident while driving under the influence of alcohol, you could be subject to stricter penalties.

When the victim of the accident sustained a serious bodily injury rather than just property damage, you need to ensure that you have a strong representative on your side.

Felony OUI / DUI

A conviction of a third, fourth, or subsequent DUI is considered a felony DUI. Also, if you were accused of causing an accident that resulted in serious injury or death, this will also be categorized as a felony.

Vehicular manslaughter

The most serious charge to be facing in relation to OUI is vehicular manslaughter. When an individual is killed because of a drunk driver, there will be serious repercussions.

Also known as vehicular homicide, the penalties in Maine up to twenty years in prison. Not only that, but you could be given heavy fines as well as lose your driver’s license for an extended amount of time.

Of course, there is also the possibility that the decedent’s family will bring a civil lawsuit against you for wrongful death.

Leaving the scene (hit and run)

When any accident occurs, it is against the law to leave the scene of the accident until you have exchanged contact information and sought medical attention if anyone was injured.

If you were shown to be under the influence of alcohol at the time of the crash, leaving the scene will only add to the penalties you could be facing.

OUI from out of state

If you were accused of an OUI while in a state other than your own, you could be facing penalties in both states.

For this reason, it is important to ensure that you have qualified assistance from someone who understands the complications which can arise from these types of cases.

OUI & suspended driver’s license 

It may seem like a suspended license is one of the least serious types of penalties you could be facing following a DUI conviction.

the reality is it could greatly hinder your ability to get to work and support yourself and your family.

In cases where the accused was in possession of a commercial driver’s license, then they could risk permanently losing their driver’s license and thus, their livelihood.

Boating under the influence (BUI)

According to the U.S. Coast Guard, alcohol consumption is more dangerous on water than on land. Boating under the influence will include the factors of water motion and glare as well as the fact that boating operators generally have less experience than motor vehicle drivers.

Those convicted of BUI will be subject to the same penalties as someone accused of DUI.

Learn more about Boating Under the Influence (BUI).

Commercial Driver’s License OUI

When a driver has a commercial driver’s license (CDL), they are subject to different rules and regulations. Rather than the legal limit being 0.08%, they will instead be able to be subject to a much lower standard of 0.04% if they’re driving a commercial motor vehicle.

If they are driving a car, the .08% standard applies. This is extremely serious as it means that they could lose their license and with it their ability to support themselves and their family.

Learn more about Commercial OUI Charges.

Child endangerment & operating under the influence

When a driver has a passenger in their car who is under 21 and they are accused of DUI, their penalties will be enhanced.

They will be facing at least 48 hours behind bars, have their license suspended for 90 days, and be fined at least $500.

Child endangerment charges could also bring up issues of child neglect and you could potentially lose your children as well.

Learn more about Child Endangerment Laws.

Learn MoreTypes of OUI Charges in Maine

Why you should never plead guilty to an OUI in Maine

Watch this video where William Bly explains exactly why you should never plead guilty to a drunk driving charge in Maine. This is an emotionally highten period in your life. Take a step back and understand what your options are moving forward.

Challenging an OUI / DUI in Maine

The results of your field sobriety test, blood test, or breath test could prove to be the largest portion of evidence against you. Therefore, if our OUI attorneys in Maine are able to challenge this evidence, the case against you could be substantially weakened.

We will examine the accuracy of the tests in order to discover if there were any errors in the administration or interpretation of the test.

Learn MoreUnderstanding Impaired Driving and OUI Laws in Maine (2021)

Understanding the Maine OUI court process

When faced with an accusation of driving under the influence, you will probably have many questions going through your mind. You need to be aware of what to expect so that you have the best chance of defending yourself.

Following the initial traffic stop, you will be brought into custody where the booking process will take place. After this there will be a preliminary hearing.

This is important because it is here where the judge will decide if there is enough evidence to take the case to trial.

BMV hearings in Maine

Only the Bureau of Motor Vehicles has the ability to suspend a driver’s license. Due to this fact, you may be found not guilty of DUI in court, yet still have your license suspended by the BMV.

The BMV hearing will take place at the office closest to where the offense took place and it is here where statements will be heard regarding the case.

Unlawful OUI police stops in Maine

If a police officer did not have reasonable cause to pull you over, yet you were arrested for drunk driving, this could cause your case to be dropped. One of your civil rights is protection against illegal search and seizures, and if this has occurred in your case, any evidence they believe they have against you may have to be dropped.

Expungement of an OUI in Maine

Expungement is the process of clearing or sealing an individual’s record. This benefit is not available to everyone, but it is worth attempting to avail of this so that your criminal record will not affect your future.

You could be able to answer “no” when asked if you have ever been arrested or convicted.

Ignition interlock devices in Maine

If you were accused and convicted of driving under the influence of alcohol, one of the penalties you could be facing includes an ignition interlock device.

This device is installed on the dashboard or wheel of a car and it will not allow the engine to start until the driver has blown into the device and shown to not have alcohol in their body.

Contact a Maine OUI / DUI Lawyer Today

There are numerous ways that a person can be charged with DUI in Maine, including blood tests, breath tests, and field sobriety tests.

The method for challenging a DUI arrest starts with examining the type of test that was used for faults or violations of the defendant’s rights.

Attorney William T. Bly is a highly skilled OUI lawyer and has received the following DUI certifications that enable him to defend the rights of the accused:

Having this extensive knowledge of how sobriety tests are administered allows attorney Bly to examine your police stop and arrest and look for errors. Even something that seems minor to the common person could be grounds to argue that your test results were not accurate.

Questioning sobriety test results in a DUI case is usually the best defense because in many cases it is the best and only evidence the court has against you. If that evidence (i.e. the test results) is put into question, your defense becomes a lot stronger and, in some circumstances, may lead to your charges being thrown out.

For some people, the loss of their ability to drive is the worst part of an OUI conviction.

The good news is that with the help of an experienced OUI attorney, you may be able to get a restricted license that will allow you to drive to and from school, work and health-related appointments.

If you have been arrested for OUI, contact our firm right now directly online or call us at (207) 571-8146 to speak with an experienced Maine OUI defense lawyer who can help you.

 

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