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In the state of Maine, driving under the influence of alcohol, which is commonly known as DUI or drunk driving in other jurisdictions, is specifically termed Operating Under the Influence (OUI). This offense occurs when an individual operates a motor vehicle with a blood alcohol content (BAC) level of 0.08% or higher.
If you are found to have a BAC above the legal limit, you can be arrested and charged with OUI, leading to severe consequences that can significantly impact your life. Maine enforces a strict zero-tolerance policy, even the slightest alcohol trace in those under 21 can lead to OUI charges. Consequences are harsh, affecting your future.
An OUI arrest can mean a possible license suspension, disrupting daily life restricting your ability to travel to work, school, or fulfill any daily responsibilities. The Maine Criminal Defense Group is here to guide you toward the best outcome for your case.
OUI / DUI Resources for Maine
OUI Penalties Underage OUI Felony OUI OUI Habitual Offenders Implied Consent Laws OUI Field Sobriety Testing
DUI in Maine, also known as OUI (Operating Under the Influence), pertains specifically to impaired driving. While OUI and DUI terms are used interchangeably in some places, Maine distinguishes OUI as driving under the influence. Facing an OUI charge demands a robust defense to mitigate life-altering penalties.
When stopped by law enforcement with suspicion of alcohol or drug use, you may undergo field sobriety tests or a breathalyzer test, which can trigger an OUI charge. It’s critical to note that refusing blood or breath tests in Maine can lead to immediate arrest and charges.
In Maine, you can be charged with OUI even with a BAC below 0.08%. If your driving is impaired due to alcohol or drugs, per the police officer’s observations, you can still face OUI charges. Any impairment affecting safe vehicle operation can result in OUI charges, regardless of BAC.
To regain your driver’s license after an OUI in Maine, a lawyer can guide you through the necessary steps, which typically include serving a suspension period, completing an OUI education program, potentially installing an ignition interlock device, obtaining SR-22 insurance, paying reinstatement fees, and securing clearance from the Secretary of State’s office. It’s crucial to seek the legal assistance of William Bly and his team for personalized guidance through the OUI process.
Understanding the consequences of operating under the influence (OUI) is essential. Whether it’s your first offense or a subsequent one, the penalties in Maine vary based on the circumstances. Read below about the legal ramifications and potential sentencing for an OUI / DUI in Maine.
A first OUI in Maine carries penalties consistent with a misdemeanor offense. These penalties include a mandatory minimum 150-day license suspension, along with a $500 fine plus additional court-related fees. During the first 100 days of the license suspension, individuals are ineligible for a work-only license. To reinstate a full license after 30 days of no driving, attendance at alcohol school is required. It’s important to note that an Ignition Interlock Device must be installed until the end of the suspension period.
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.
If you have a second OUI offense within 10 years of a prior offense in any state or if you refused a breath test in Maine during the same period, it will be considered a second misdemeanor offense. The penalties for a second offense include a mandatory minimum three-year suspension of your license and registration, a seven-day jail sentence, and a $700 fine. To reinstate a full license after three months of not driving, completion of alcohol school is required, and an Ignition Interlock Device must be installed for two years.
A third or subsequent OUI conviction within ten years or an OUI accident resulting in serious injury will elevate the offense to a Class C felony in Maine. The penalties for such an offense include a maximum of five years in prison, a $5,000 fine, and two years of probation. Additionally, a minimum 30-day jail sentence and a $1,100 fine are mandatory. The license suspension for a Class C felony OUI is six years, with no eligibility for a work-only license and the suspension of vehicle registration privileges. Completion of alcohol school is required for license reinstatement, and an Ignition Interlock Device must be installed for three years.
A fourth OUI offense in Maine is classified as a Class C felony. The penalties for this offense include a maximum prison sentence of five years, a fine of up to $5,000, and a probation period of two years. Additionally, a minimum jail term of six months and a fine starting at $2,100 are mandated. Your license will be suspended for eight years, during which you will not be eligible for a work-only license and the registration of your vehicle will be suspended. After the license suspension period, it is mandatory to install an Ignition Interlock Device for four years.
In Maine, an OUI involving an accident with serious injury or death carries severe penalties. In the case of serious injury, it is classified as a Class C felony and entails the following penalties:
For fatality OUIs, it is classified as a more serious Class B felony with the following penalties:
Additionally, attendance at alcohol school is mandatory. After three months of not driving and completing alcohol school, full license reinstatement is allowed, provided an Ignition Interlock Device is installed for three years.
Learn More → OUI Laws & Penalties in Maine (2023)
License suspension for excessive blood-alcohol levels can have significant implications, and it is important to understand the process and potential consequences. In Maine, the Bureau of Motor Vehicles can impose license suspensions even before your court date if your blood alcohol concentration (BAC) level is measured at or above 0.08 percent.
If you wish to challenge the license suspension, it is crucial to take action promptly. You must submit a written request for a hearing within ten days from the date of the suspension. This is a critical step in potentially avoiding or reducing the duration of the suspension.
It is important to note that the administrative license suspension will remain in effect regardless of whether you are found guilty of the criminal OUI charge, unless successfully challenged through the appropriate legal channels. Seeking the guidance of an experienced OUI defense attorney can greatly enhance your chances of mounting a successful challenge.
For drivers aged 21 years or older who are found to have a passenger under the age of 21 in the vehicle at the time of the offense, the license suspension consequences become even more severe. In such cases, an additional 275-day suspension will be imposed on top of the initial suspension.
An OUI conviction in Maine can potentially show up on a background check. Background checks typically include information on criminal records, and an OUI is considered a criminal offense. It is important to note that background check procedures can vary depending on the specific circumstances and the entity conducting the check.
Having an OUI on your record can have various implications, such as affecting employment opportunities, professional licenses, or other aspects of your personal and professional life. However, it is worth noting that some background checks may only go back a certain number of years or have limitations on the types of offenses they report.
If you are concerned about how an OUI charge or conviction might impact your background check, it is advisable to consult with an experienced OUI defense attorney. They can provide you with valuable insights and help you understand the potential consequences of an OUI on your record. Additionally, a skilled attorney can work toward minimizing the impact of the charge and explore possible avenues for expungement or other legal remedies to mitigate the long-term effects.
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:
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
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.
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.
Typically a felony OUI occurs when a person has multiple prior OUI convictions within a specific timeframe, usually over a 10-year period. When someone accumulates three or more prior OUI convictions, their subsequent OUI charge can be classified as a felony. Felony OUI convictions carry much more severe penalties, including longer license suspensions, significant fines, and potential imprisonment.
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.
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.
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.
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.
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).
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.
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 More → Types of OUI Charges 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.
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 More → Understanding Impaired Driving and OUI Laws in Maine (2021)
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.
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.
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 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.
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.
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 an OUI anywhere in Maine, contact The Maine Criminal Defense Group directly online or call us at (207) 571-8146 to speak with an experienced OUI lawyer who can help you. We have office conveniently located in Portland & Kennebunk, Maine.
I highly recommend The Maine Criminal Defense Group. All the staff are very polite, compassionate and informative. They answered all my questions and came to the best solution for my situation. I appreciate their guidance through this tough period. Many thanks to Nathan Hitchcock, Bill Bly and the team.
Mr. Bill Bly and his team have been nothing short of phenomenal. They resolved my case with breakneck expertise. Would have liked to thank them in person. I am so thankful and fortunate I chose their firm. Highly recommend Bill Bly and the Maine Criminal Defense Group.
Bill Bly did an excellent job of listening and addressing our concerns. He answered all of our questions in a timely manner and got results. I highly recommend his services!!!
I have had the honor and privilege of working with Mr. Bly who was extremely knowledgeable and thorough and whose expertise in all legal matters was truly outstanding. Mr. Bly was kind, and helpful every step of the way. I would highly recommend Mr. Bly. There can be no attorney…
I’ve gotten to know William through numerous legal conferences and have been incredibly impressed with how serious he cares about his clients and how he is a true human who wants to take care of your future. I will always refer my clients to his firm whenever I can.
This is THE premier criminal defense firm in Maine! If any family member or friend of mine needed representation in Maine, I would have them call the Maine Criminal Defense Group! Lawyer Bill Bly and his associates are awesome. Plus Bill Bly trained at Gerry Spence’s Trial Lawyers College. That…
Changed My Opinion on Lawyers I called Bill and had a consultation. He listened intently to my case and laid out our pathway. He was straight forward, real and didn't toss me a bunch of crap. I fully expected him to fluff up the case and try to convince me…
THANK YOU FOR THE EXCELLENT WORK DONE ON MY CLIENT'S BEHALF Thank you very much for the excellent work performed on behalf of my client on her Maine criminal case. I appreciate the attentive service, the quality of the work and the reasonableness of your fees. As you know, part…
THANK YOU ATTORNEY BLY! I WOULD TRUST ATTY BLY W/ MY LIFE ... IN FACT, I DID! There is very little in this world that scares me more than the jail cell bars being locked and knowing that I am trapped behind bars in prison. However, after a "Hit &…
5 STARS FOR BILL BLY AND STAFF While on vacation in Maine, I was arrested for OUI. Prior to this happening to me, I had never been in trouble with the law before and was completely overwhelmed and embarrassed by the situation. Coming from a world away in California, I…
PITBULL If you are looking for the best DUI lawyer around its Bill Bly!! A++ service and he turned a .20 DUI into vanishing air. Thanks again Bill!! You are the man!! Thanks for fighting for my rights!!
HIRE BILL BLY! YOU WON'T REGRET IT. My experience working with Mr. Bly has been a great experience. Never having to wait for an answer is HUGE when dealing with difficult situations. Gets back within the day if not within the hour. I would highly recommend this law firm. Give…
RECOMMEND YOU TO ANYONE I want to thank you for all your help. I was in a bad place when I first came to you. You really helped me through a terrible time. I would definitely recommend you to anyone that needs help. I just wanted to say thank you…
WON'T HESITATE TO REFER YOU Thank you for everything you did for my son. He and I both appreciate the hard work that you put into this case. He has been able to turn his life around now this is behind him. I know that you are paid to do…
ABOVE AND BEYOND OUR EXPECTATIONS I want to thank you for everything you have done for my family. You have gone above & beyond our expectations and you are to be commended for such a solid, compelling case. You are a great attorney and an even greater person. We have…
CAN'T THANK YOU ENOUGH Thank you for all your help with my OUI. When we first met I was resigned to the “fact” that I was going to be convicted of an OUI and would lose my military career over it. I must say that I was quite surprised, shocked…
WILLINGNESS TO ASSIST IN A TIME OF NEED Thank you for all your help concerning my case. As a veteran returning from overseas service, your willingness to assist me in a time of need and when I wasn’t in a position to pay for an attorney is greatly appreciated. You…
IN TROUBLE WITH THE LAW? If you ever find yourself caught up in the legal system. The Maine Criminal Defense Group and his staff are the ones you want to have on your side. This man will fight hard for your rights and do everything he can to make your…
I RECOMMEND WILLIAM BLY We're glad we chose Bill for our legal needs. We found Bill to be knowledgeable, clear, and diligent. He actively managed my case and the overall outcome was the best that we could have hoped for. We would recommend Bill to others in a similar situation…
PHENOMENAL LAWYER The Maine Criminal Defense Group is hard working, knowledgeable, and determined when working on cases. He was pleasant and helpful throughout the entire process by answering any and all questions I may have had. His diligent work on my case, personal connections in the court systems, and professionalism…
VERY HELPFUL - THANKS BILL! Bill Bly did a magnificent job collecting evidence and building leverage with the DA's office that allowed us to plead an OUI down to a lesser charge. Not only was he very knowledgeable about Maine law, but he also understood the personalities of both the…
PHD DOCTORAL CANDIDATE, WADE CHARNOCK Mr. Bly is a superb lawyer! He is without a doubt one of the finest criminal defense lawyers in the state of Maine. He handled my son's case with sincerity and professionalism, and the results, "All Charges Dismissed!" If you need a defense attorney, he…
HIRE MR. BLY. YOU WON'T REGRET IT! I retained Mr. Bly over a year ago. I was charged with OUI and having a minor in the car. Mr. Bly was able to arrange a plea to a Driving to Endanger with no jail time and only a 30 day license…
I VERY MUCH RECOMMEND MR. BLY I was lucky to have contacted Mr. Bly in a matter that unfairly could have changed my life. He was very open, concerned, and committed to helping me. He answered every call promptly, never lost interest in my case, and went out of his…
BOTTOM LINE RESULTS As an attorney it was clear to me that achieving a favorable disposition of an OUI charge with a difficult fact pattern would require specialized representation. Bill quickly proved this instinct correct and his nuanced and detailed understanding of and experience with the intricacies of the arrest…
MR OUT OF STATE OUI I went to Maine on a weekend vacation trip and got a little reckless. I ended up driving the wrong way on a one way street and received an oui. Now I was up against loosing my cdl, my job, and my new home I…
OUI DISMISSED Feeling helpless? Bill is the person you need to contact. Never being on the other side of the law, I contacted Bill in a panic. He sensed this and actually agreed to meet me on a Saturday. Bill was extremely personable and gave me the facts that appeared…
Definitely Recommend My fiancé and I were visiting Kennebunk over the summer when I was stopped and arrested for OUI. I couldn't believe that this was happening. Once I got over the shock and humiliation of the arrest, my fiancé and I began searching for an attorney in southern Maine.…
HAPPY CLIENT I met with Bill back in June of this year for an OUI charge. When I met with Bill, he sat down with me and explained the entire court process and what to expect going forward. He didn't try and "sell me" on hiring him or make promises…
RECOMMENDATION Bill Bly is very professional, does his homework and he is very thorough. And his staff is the same. He and his staff returned all my phone calls and kept us abreast of the progress in our case. I highly recommend him.
THANK YOU MR. BLY Mr. Bly assisted me with a case where I was charged with assaulting my girlfriend and my brother as well as some other people. After reading the police reports, I felt that the case was hopeless. Mr. Bly negotiated and outcome that prevented me from a…
THANKS FOR YOUR EXCELLENT WORK Attorney Bly defended me on charges of theft and secured a not guilty after trial. Thank you for all of your hard work.
LEGAL NIGHTMARE SOLVED THANKS TO BILL BLY I was in a legal nightmare, after being arrested for an Operating Under the Influence, OUI in the great State of Maine. I was previously classified as a habitual offender in another state, so this was not my first charge concerning this particular…
VERY DEDICATED ATTORNEY Bill was very dedicated to my issue and worked with me to get me the best possible outcome. Bill and his law office kept me well informed on developments on the situation and was very upfront with me, gaining my trust and confidence in his skills helping…
JOB WELL DONE First and for most I'd like to thank you very much for sorting out the snowmobile OUI bs for me. The outcome could not have been more desirable and the process with you couldn't have been better. On a professional note I give an A+ and will…
Thank you for a job well done Attorney Bly handled a sensitive domestic violence charge for me in a VERY favorable fashion. Ultimately, he got the charges thrown out. I'm grateful to him and his staff for all their hard work. Ann is especially helpful and was always available to…
Bly- A True Professional Committed to Client Satisfaction Two years ago I was involved in a high publicity case that involved significant legal implications. This uncharacteristic life event left me overwhelmed by emotional distress and not knowing where to turn next. Through thorough research and high esteem recommendations, I contacted…
WILLIAM BLY WON'T LET YOU DOWN! I will with out hesitation recommend Bill to anyone !!! He fought diligently for a year to ensure me the best results possible and to avoid trial. In the end Bill saved me my career and kept me out of jail. There is really…
THANK YOU FOR ALL OF YOUR EFFORTS! My OUI and criminal speeding charges brought a great deal of stress and hardship to not only myself but my entire family. Having both of the charges against me dismissed was an absolute godsend. Once dropped, it felt as though a dark cloud…
PROFESSIONAL, HONEST, AND QUICK TO REPLY Working with Attorney Bly was a pleasure - given the circumstances. He acknowledged my novelty to the courtroom and was sensitive to my case by guiding me through the process, step by step. Especially when I seemed overwhelmed and confused, anxious and uneasy, Bill…
SUPPORTIVE AND RESOURCEFUL It was an absolute pleasure to work with The Maine Criminal Defense Group. At the eleventh hour, I contacted him for help with a legal matter. What I originally thought would be a quick and easy case, turned into a more challenging matter. Nonetheless, given his knowledge…
HIGHLY RECOMMEND ATTORNEY WILLIAM BLY I am delighted to write this recommendation for Attorney William Bly. Before hiring The Maine Criminal Defense Group to represent me I had worked with another lawyer which resulted in a warrant out for my arrest. Being out of state I had to thoroughly research…
HIGHLY RECOMMEND I found myself searching the internet hoping to find an attorney who I could trust and wouldn't just tell me what I wanted to hear. I was visiting from out of state when I was charged with an OUI as well as a refusal. I contacted Mr. Bly…
THANKS FOR MAKING A DIFFERENCE IN MY SON'S LIFE Bill, Thank you very much for getting back to me. My son and I want to thank you very much for the finalizing of this hard lesson learned in life's journey. I knew from the beginning that not only are you…
SINCEREST GRATITUDE Mrs. Ann, I want to say thank you again to yourself and Bill again for OUTSTANDING work!! Please pass my regards to Bill. With sincere gratitude.
JC Recommends The Maine Criminal Defense Group I am very pleased with the representation I received from The Maine Criminal Defense Group. After having been charged with a very serious crime, his thoughtful and prudent strategy and diligent execution resulted in a better than expected outcome. The original charge was…
TIRELESS AND KNOWLEDGEABLE Bill Bly saved my career in the Navy. He worked on my case for almost six months before he was able to negotiate a positive outcome. His persistence and efforts with the DA were the only things that kept my case from going to trial. He was…
Without a doubt, choose Mr. Bly! When I was charged with an OUI, I felt that everything that I worked for went down the drain. I knew the consequences of an OUI, and it weighed heavy on my conscious. An OUI for a Naval Officer is a career killer. Having…
Given Me the Gift of Time Thank you for everything. You've given me the gift of time and I can't thank you enough for that.
Dismissal of Driving on Suspended - Please read if you are unsure if W. Bly is the right attorney! After looking at reviews online and a brief conversation with Mr. Bly, I decided to retain him. I was charged with Driving on an out of State VA Drivers license. On…
Saved my career and preserved my future! Bill, thank you so much for your excellent legal representation these last few months. You gave me straight and concise answers throughout the entire process and I can't thank you enough for helping me keep my career in the U.S. Navy. Ann Dickey…
DCS Recommends The Maine Criminal Defense Group Two years ago our family began living a nightmare that we could never have imagined possible. Our 18-year-old son was arrested for a serious offense he committed with a "friend." Our family was in a tailspin and we did not know where to…
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