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If you are stopped by police in Maine for driving with a blood alcohol concentration (BAC) over the legal limit, you will be arrested for OUI. OUI stands for Operating a Vehicle Under the Influence. OUI is also known as DWI or DUI depending on the region.
When you are arrested for OUI, your criminal record is examined to see if you have any previous drunk driving convictions. In Maine, the last ten years of your record are examined.
If you have not had any previous convictions or if your most recent conviction was over ten years ago, you will be charged with a 1st OUI offense. First-time offenders face fewer penalties than repeat offenders.
The evidence needed for an OUI arrest is very minimal. In order to be charged with OUI in Maine, you need to have a BAC over the legal limit (.08% for adults over 21 and .01% for minors under 21). The most accurate BAC readings are not available instantly, however, and it may take days or even weeks to get the results of an actual blood test. For this reason, a police officer can make an OUI arrest based purely on his/her suspicions. If you make a driving mistake like speeding and the officer thinks your eyes look red, you smell like alcohol or some other objective signal, you can be arrested.
There is no set amount to how many drinks you can have before you are considered over the limit; it depends on many factors that are different for each person. Some of these factors include:
For a person with no previous OUI convictions in a ten year period, the charge is a Class D offense. Class D is one of the lightest criminal classifications, but this does not mean you will not experience penalties. According to Maine law, a first-time OUI offender will be subjected to punishment including the following:
You could also face jail time if any of the following situations occurred during your arrest:
These set out minimums, but the judge is free to sentence you to more jail time or steeper fines depending on the circumstances of the case. In addition to these penalties, a judge can also use their discretion to add penalties like community service and probation to your sentence.
While the penalties of a second OUI offense are significantly harsher, the defense strategies for a second OUI are largely the same as a first offense. Depending on the circumstances of your case, you might use the following defenses:
Compared to a first OUI offense, the penalties of a second offense are substantially higher:
Crime Classification | Jail Time | Fines | License Suspension | |
First OUI Offense | Class D misdemeanor | No minimum | Minimum of $500 | At least 150 days |
Second OUI Offense | Class D misdemeanor | Minimum of 7 days | Minimum of $700 | At least 3 years |
The Maine legislature apparently thought that a second OUI was the one that betrayed a trend that the law should make an effort to prevent. This was probably why they drastically extended the length of the license suspension and added a minimum of a week in jail.
These are also just the baseline for the penalties you can face for a second OUI. Aggravating factors can increase them significantly, like if your OUI arrest included any of the following scenarios:
Anyone of these aggravating factors can increase the fines, jail time, and license suspension that are on the table for a second OUI offense. The statute takes explicit exception to people who refuse to take a breathalyzer or other chemical sobriety test, also known as an implied consent violation. If you already have an OUI on your criminal background, refusing a breath, blood or urine test (chemical test) increases the minimum fine from $700 to $900 and the minimum jail time from 7 to 12 days.
In addition to these penalties, you could also be facing additional charges, depending on the circumstances of your arrest. For example, if police find marijuana or drugs in your car after the traffic stop, you could face a criminal charge as well as the penalties for drug possession.
The criminal defense and OUI defense attorneys at Maine Criminal Defense Group strive to help people who have been pulled over and accused of a second offense of OUI. Raising the legal defenses that can fight an OUI charge is all the more important when you already have a prior OUI conviction on your record, as the penalties for a second OUI offense are even higher than they were for the first.
As a “priorable” offense, each subsequent conviction for operating under the influence (OUI) in Maine comes with higher penalties: The fines, jail time, and license suspension for a second OUI offense are going to be higher than for the first.
Hiring an OUI defense lawyer from Maine Criminal Defense Group can be the best move you can make if you have been pulled over, arrested, and accused of committing OUI for the second time.
The jump from a second offense to a third, though, might be the most significant because it raises the classification of the crime from a Class D misdemeanor to a Class C felony.
With substantially higher penalties on the table, it is even more important to vigorously defend against an accusation of a third OUI. Many of the same OUI defense strategies are still available, depending on your situation:
You can also challenge the use of prior convictions, especially if they were out-of-state offenses under a law that is substantially different from Maine’s OUI statute.
When compared to first and second OUI offenses, a third conviction for operating under the influence carries much higher penalties:
Crime Classification | Jail Time | Fines | License Suspension | |
First OUI Offense | Class D misdemeanor | No minimum | Minimum of $500 | At least 150 days |
Second OUI Offense | Class D misdemeanor | At least 7 days | Minimum of $700 | At least 3 years |
Third OUI Offense | Class C felony | At least 30 days | Minimum of $1,100 | At least 6 years |
It is important to remember that these sanctions are just minimums. Once you have had two prior OUI convictions, judges are probably going to focus on the trend of drinking and driving and will be less likely to be lenient with their sentencing.
Additionally, certain aggravating factors can increase – sometimes quite drastically – the penalties of a third OUI conviction:
Any of these aggravating factors can add to the fines, jail time, and license suspension that are on the table for a third OUI offense.
Maine’s OUI law explicitly increases the penalties for refusing to take a BAC test and violating the state’s implied consent laws. For a third OUI offense, refusing to take a breathalyzer or blood test to gauge your BAC increases the fine from $1,100 to $1,400, and adds 10 days to the minimum jail sentence you could face if you get convicted, which means a 40-day jail sentence.
To make matters worse, traffic stops that end with an OUI arrest can frequently lead to other criminal charges, as well. If police find contraband or drugs in the car, you could face additional charges like drug possession or even trafficking. Each of these additional offenses will carry its own set of penalties that exacerbates your situation.
Even basic, “run of the mill” third offense OUIs, though, are felonies. A conviction puts a felony-level offense on your criminal background. A felony conviction is the equivalent of the “Scarlet Letter” and is nearly impossible to overcome, even after all of the other penalties that came with the conviction have been dealt with.
Maine is one of the states that use a limited “lookback period” for calculating prior OUI offenses. Rather than asking if you have ever been convicted for OUI, Maine usually only asks if you have been convicted for OUI in the past 10 years.
In Maine, most prior OUI offenses “fall off” your record for the purposes of subsequent offenses once 10 years have passed since the day you were sentenced for the prior offense. This means if you get arrested and charged for OUI on January 1, 2019, and your sentence was imposed for a prior OUI in 2001, that prior offense would not count. Your current OUI case would be treated as a first offense, even though you had a prior OUI from 18 years earlier.
It’s important to understand that although Maine can only look back 10 years for prior offenses, any prior convictions, no matter how long ago, are considered relevant conduct and can be used against you in sentencing before a judge. Even if the OUI happened 50 years ago, it will count as relevant conduct.
Maine’s lookback period is not just limited to Maine. You could have been convicted in Arizona or any other state and it would count as a sentencing enhancer for an OUI in Maine if the prior offense happened in the last 10 years or was a felony. However, what is important to understand is that the DUI conviction from another state has to be substantially similar to the OUI laws in Maine.
Unlike some other states in the U.S., Maine does not look all the way into your past for a prior OUI conviction to count against you. Instead, it uses a limited “lookback period” of 10 years.
This means prior OUI convictions will not count against you if your prior sentence was imposed more than 10 years before your latest OUI charge.
Prior OUIs can come from anywhere in the U.S., not just Maine. Even if you were accused and convicted for OUI in Idaho, if it happened in the last 10 years, it can be used to enhance the penalties of an OUI charge you are now facing in Maine. For example, if you have a conviction out of Idaho for DUI in 2012, a conviction for OUI in Maine from 2014 and now you’re charged with a new OUI in 2019 in Maine, you’re facing a felony 3rd offense OUI charge.
Maine has a tough Habitual Offender law. A habitual offender is defined as follows:
Since minimum jail sentences apply to people convicted under Maine’s Operating After Habitual Offender law, now is no time to “go it alone” or to satisfy yourself with an inexperienced or mediocre criminal defense attorney.
If you have been arrested for this offense, you are facing hard deadlines that you must meet in order to protect yourself.
The Maine criminal justice system can feel like a meat grinder to those who are unprepared for it. Rules of evidence and civil procedure are complex and arcane, and the system is predatory to its core. Quite frankly, the system will eat you alive if you are not prepared to deal with it.
Missing a critical deadline or responding ineffectively could greatly harm your case or even result in unnecessary jail time. The earlier you involve an experienced criminal defense attorney in your Maine habitual offender case, the readier you will be to fight back when the time comes.
Call us directly at (207) 571-8146 or contact us directly online to schedule a case consultation and find out how we can help.
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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