A charge for OUI in Maine has potential consequences that go well beyond what most people expect for drunk driving....
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Bureau of Motor Vehicles OUI / DUI Hearing Lawyers in Maine
One very important piece of Maine OUI information to know is that when you are charged with any type of OUI offense in Maine, your license will be automatically suspended by the Department of Motor Vehicles (DMV).
Many people think that they will only receive negative consequences if they are convicted of an OUI, but the BMV will suspend your license if you are even charged with a DUI.
In fact, you only have 10 days from the date of suspension to act in order to stop the suspension of your license. Failure to request a DMV hearing will result in the suspension of your license for the time period indicated on the notice of suspension.
Your ability to drive is very important. Most people rely on their cars to get to work, school, health appointments and to run everyday tasks. Many people in Maine live in an area without adequate public transportation and are not very pedestrian-friendly.
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If your license gets suspended you will have to rely on other people for rides on a daily basis.
This can make it impossible to get to school or work without depending on someone else for your ride. Even if the circumstances surrounding your DUI charge are flimsy and you believe your charges will be dropped, you are still eligible for immediate license suspension from the DMV.
What is the purpose of an OUI Hearing with the BMV?
The purpose of this hearing is to determine whether there was probable cause to believe you were operating a motor vehicle under the influence of alcohol and whether or not you had a BAC of .08% or higher.
In order to suspend your driver’s license or driving privileges, the State must meet the bare minimum due process standards, which is the purpose of holding a hearing.
Limited Time Period
There is a limited amount of time in which to file a request for this hearing, and if you do not follow the rules the window of opportunity will close. In Maine, like many other states, a ten-day time period applies and begins to run from the date of your suspension.
If you miss the window and fail to apply for a hearing, you will be barred from requesting a hearing later. If you file a timely request for a hearing, the suspension will be “stayed” until the hearing date.
If the suspension is for a refusal to submit to a chemical test (breath, blood or urine), the suspension will not be stayed and you will remain under suspension unless your attorney prevails at the hearing.
Conditional Licenses
Being granted a conditional driver’s license comes with special regulations that must be strictly adhered to. The purpose of the license is for work only. That means you may not drive your car to pick your kids up from school, to do grocery shopping, taking a sick family member to the doctor or any of the other many things normal people need to do during the course of the day.
Breaking the rules almost always results in the immediate revocation of the conditional driving privileges as well as additional penalties. Most people apply for the conditional license in order to keep a job, so it is extremely important to follow all the rules of the road during this time.
It is important to remember that if you apply for a work restricted license after suspension by the BMV, any time spent on the work restricted license will NOT be applied to suspension time imposed by the court if convicted of the criminal OUI charge.
Administrative OUI License Suspension Laws in Maine
When a person is charged with DUI they’re actually facing two different charges. The first is the criminal case for driving while impaired. The second is a DMV suspension. You only have 10 days to request a DMV hearing following the date of suspension as noted.
There are only two things that you are allowed to argue during your administrative hearing. Both of them can collaterally impact the outcome on the criminal OUI charge. The arguments you make during this hearing as well as the results have are relevant to your criminal OUI charge. However, they are not dispositive on the criminal OUI outcome. For example, you can be successful in your administrative hearing and get your license returned and still be found guilty of OUI in your criminal hearing.
The two points that you are allowed to argue in your hearing are as follows:
No Probable Cause
In an administrative hearing, the only Constitutional issue that is relevant to the hearing is the probable cause issue. That means that the hearings administrative officer can look at everything in the case, from the time the officer first spotted your car on the road, all the way until he placed you under arrest… and everything in between to determine if probable cause exists to believe your OUI.
Probable cause is less than preponderance of the evidence and is an extremely low hurdle for the State to overcome.
Not Over the Limit
To be charged with OUI in Maine, drivers over 21 must have a BrAC of .08% or over and drivers under 21 can be charged for any BrAC over .00%. Another defense in an administrative trial is arguing that you were not over the legal limit at the time of driving. Normally, you attack the accuracy of the results by attacking the sobriety test results and challenging the accuracy of the results themselves.
With that said, if you have a high BrAC and no scientific explanation for said BrAC, the challenge to the validity of the BrAC test usually fails. Another area of the BrAC test that is ripe for attack concerns the administration of the test itself.
If the officer deviates from the standard testing protocols, that could be grounds for a dismissal of the BMV suspension. If your arrest was for drug intoxication, there is currently no legal limit, so any presence of drugs can be grounds for a criminal charge.
You can, however, still argue that there was no probable cause to believe you were operating under the influence.
BMV OUI license penalties in Maine
If you do not request a hearing within the given time frame or you are not successful in pleading your case, your administrative license suspension will remain in effect. The suspension is in addition to any other suspension periods that you may be subject to if you are convicted of OUI.
The administrative suspension periods for OUI offenses are as follows:
- First-time OUI offense in a ten year period – 150 days of license suspension
- Second-time OUI offense in a ten year period – 3 years of license suspension
- Third-time OUI offense in a ten year period – 6 years of license suspension
- Fourth-time OUI offense in a ten year period – 8 years of license suspension
You will also face an additional 275 day administrative license suspension if either of the following apply to your arrest:
- You refused a State-administered chemical sobriety test
- There was a passenger in your vehicle at the time of your arrest that was under the age of 21
There are several special licenses that a driver can get if they lose their license to administrative suspension. They include:
- Conditional License
- Work Restricted License
- Conditional or restricted license upon completion of alcohol and drug program
- Special restricted license for participation in education and treatment programs
- Special restricted license with installation of an Ignition Interlock Device
Contact an OUI Administrative License Suspension Attorney Today
There are many things that a Maine DUI lawyer can do for you to protect your license and your rights. Whether we can prevent license suspension, get you a limited driving permit or get the DUI charges dropped altogether, we will work hard to do everything we can for your case.
Attorney William Bly and his team of attorneys have a vast knowledge of the Maine OUI process, defenses and OUI law.
If you are facing DUI charges and are worried about license suspension, call our firm right now to find out about your rights. Your best chance at obtaining the results you need lies in retaining a professional whose chosen background lies with DUI defense.
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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…
David W.
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…
Robert H.
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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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 &…
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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…
Aaron O.
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!!
Sam T.
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…
Brenda A.
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…
Melissa C.
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…
David M.
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…
Robert N.
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…
Manuel G.
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…
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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…
Alison R.
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…
Jerry E.
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…
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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…
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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…
John S.
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…
Thomas F.
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…
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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.…
Frank S.
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…
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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…
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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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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…
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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…
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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…
Jason S.
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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.
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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…
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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…
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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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