Maine’s criminal OUI laws do not specify which crimes are felonies and which are misdemeanors. Instead, a criminal classification system is in place that labels all crimes on a scale from A to E, with A being the most serious classification and E being the least serious.
Many people associate Class A, B, and most C offenses as being felonies and Class D and E offenses as misdemeanors.
The term ‘felony’, however, has no real meaning in Maine law and is just used as a way to express which crimes lead to the steepest penalties.
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When is an OUI considered a felony in Maine?
An OUI becomes a felony in Maine under three circumstances: multiple prior OUI convictions within a ten-year lookback period, causing serious injury or death while operating under the influence, or having a prior Class B or C OUI or driving offense on your record.
Prior OUI Convictions and the Ten-Year Lookback
Maine law treats OUI offenses on a escalating scale based on your criminal history. A first or second OUI conviction is a Class D misdemeanor. Once you accumulate two or more prior OUI convictions within the past ten years, any new OUI charge becomes a Class C felony. When you are arrested, law enforcement will run your criminal history and prior convictions within that ten-year window will directly determine the severity of the charge you face.
OUI Causing Serious Injury or Death
When an OUI results in a crash that seriously injures another person, the charge escalates to a Class C felony regardless of your prior record. If a victim dies as a result of injuries caused by an impaired driver, the charge can rise to a Class B felony. Class B is the highest level an OUI offense can reach under Maine law, and it carries the most severe OUI penalties available for this type of charge.
How Prior Felony Convictions Elevate Future OUI Charges
A prior Class B or C OUI conviction does not just stay on your record it changes how any future OUI is charged. If you were previously convicted of a Class C OUI and are stopped again within ten years, even for a routine traffic violation where your BAC is just over the legal limit, that new charge will be filed as a Class B felony. The prior conviction effectively removes the lower charge as an option, regardless of the circumstances of the new arrest.
Penalties for an OUI Felony in Maine
A felony OUI conviction in Maine carries consequences that go well beyond those of a misdemeanor charge. The specific OUI penalties depend on whether you are facing a Class C or Class B felony, but both carry mandatory minimums, extended license suspensions, and long-term consequences for your record.
Class C OUI Felony Penalties
A Class C felony OUI conviction in Maine carries a mandatory minimum of 30 days in jail, a four-year license suspension, and a fine of at least $1,000. These are the floor, not the ceiling. Depending on the circumstances of your case and your prior record, the court has the authority to impose significantly harsher penalties than the mandatory minimum.
Class B OUI Felony Penalties
A Class B felony OUI is the most serious level of OUI charge in Maine. Penalties can include up to ten years in prison, a ten-year license suspension, fines of up to $20,000, and up to three years of probation. Unlike some lower-level OUI convictions, a Class B felony may eliminate eligibility for a work-restricted license during the suspension period.
How a Felony OUI Conviction Affects Your Future
A felony conviction of any class stays on your criminal record permanently. Beyond the court-imposed penalties, a felony OUI can affect your ability to maintain or find employment, pursue educational opportunities, obtain professional licenses, and in some cases secure housing.
These long-term consequences are often just as significant as the immediate legal penalties and are a critical reason to pursue an aggressive defense from the start.
Why Legal Representation Matters at the Felony Level
At the felony level, the stakes are too high to navigate without experienced legal counsel. An attorney who focuses on Maine OUI defense can evaluate the evidence against you, identify weaknesses in the prosecution’s case, and pursue every available option to reduce or dismiss the charges. Even in cases where a conviction becomes likely, a skilled OUI defense attorney works to ensure the most favorable outcome possible and that your rights are protected throughout the process.
If you are facing felony OUI charges in Maine, contact The Maine Criminal Defense Group today to schedule a confidential consultation.
Contact our Maine OUI Felony Defense Attorneys for Help
If you are facing felony OUI charges in Maine, we understand your situation. Our lawyers work with clients just like you who have been charged with OUI and felony OUI. Our lawyers build strong, tenacious defenses for our clients and work to get charges reduced or dropped altogether.
Though this is not always possible, a strong defense can help to get a plea bargain or a ‘not guilty’ verdict in the event that your case goes to trial. If you need an OUI defense attorney or felony OUI attorney in Maine, call us now or contact us directly online.
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