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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.
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.
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.
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.
A first OUI in Maine is a misdemeanor offense with the following penalties:
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 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:
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 fourth OUI offense is a Class C felony in Maine and carries the following penalties:
Mandatory installation of an Ignition Interlock Device for four years AFTER the license suspension has ended
Any OUI involving an accident with serious injury is a Class C felony that results in the following penalties:
Learn More → OUI Laws & Penalties in Maine (2021)
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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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…
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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…
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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…
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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…
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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…
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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…
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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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