Maine OUI Laws & Penalties

In Maine, OUI penalties are strict and can have serious consequences, even for a first offense. Potential penalties include jail time, substantial fines, and a lengthy suspension of your driver’s license. These penalties are designed to deter impaired driving, but they can feel overwhelming for someone facing charges for the first time.

However, an experienced OUI attorney can make a significant difference in your case. With a skilled lawyer by your side, you may be able to reduce the severity of these penalties. The legal system understands that people sometimes make honest mistakes, and a strong defense that highlights mitigating factors or procedural errors could help you avoid the harshest outcomes.

Don’t face these charges alone—contact one of our knowledgeable OUI defense lawyers to protect your rights and your future. Learn more and contact The Maine Criminal Defense Group today.

Is jail time mandatory for an OUI in Maine?

An OUI charge needs to be taken seriously in Maine. OUI penalties are harsh and potentially life-altering, with potential consequences not only for your immediate freedoms and financial position but also for your future.

An OUI conviction could result in a lifelong criminal record, which is visible to potential employers, landlords, and other parties conducting background checks.

Whether an OUI conviction carries a mandatory jail sentence primarily depends on several factors:

1. Whether you submitted to a chemical test (breath, blood, or urine)
2. your BAC, if a chemical test was administered
3. whether you refused chemical testing and
4. whether you have been convicted of an OUI prior to the current offense in the previous 10 years.

Maine OUI jail time penalties

The jail time penalties for each OUI offense are as follows:

First OUI offense

With a first OUI offense, and a chemical test of less than .15 BAC, there is no mandatory jail time.

• • If BAC is greater than .15, there is a mandatory minimum 48 hours jail time.
  • If there is an OUI with a refusal to submit to chemical testing, then there is a minimum 96 hours jail sentence.

Second OUI offense

With a second OUI offense, there is a 7-day jail sentence.

• • If there is a second-time OUI offense with a refusal to submit to chemical testing, then there is a minimum 12-day jail sentence.

Third OUI offense

With a third OUI offense in Maine, there is a 30-day jail sentence.

• • If there is a third-time OUI Offense with a refusal to submit to chemical testing, then there is a minimum 40-day jail sentence.

Fourth OUI offense

With a fourth OUI offense in Maine, there is a 6-months jail sentence.

• • If there is a fourth OUI offense with a refusal to submit to chemical testing, then there is a minimum 6-month and 20-days jail sentence.

Maine OUI Fines & Suspensions

When considering prior offenses, Maine has a “look-back” period of ten years. In addition to jail time, substantial fines and license suspensions apply as follows:

• First OUI offense
  • $500 minimum fine and a minimum 150-day license suspension
  • First-time offense with a refusal – $600 minimum fine, minimum 150 day court-imposed suspension, minimum 275 day administrative suspension
• Second OUI offense
  • $700 fine and a mandatory three-year license suspension
  • Second-time offense with a refusal– minimum $900 fine and a mandatory court-imposed three-year suspension, and an 18-month administrative suspension
• Third OUI offense
  • Minimum $1,100 fine and a mandatory six-year license suspension
  • Third-time offense with a refusal – minimum $1,400 fine, a mandatory six-year court-imposed suspension
• Fourth OUI offense
  • Minimum $2,100 fine and a mandatory eight-year license suspension
  • Fourth-time offense with a refusal – minimum $2,500 fine, and a mandatory eight-year suspension

As you can see, the penalties for an OUI conviction in Maine are complex and technical. A seasoned OUI attorney is a vital resource in navigating you through this process.

Maine OUI plea bargain

If you are facing an OUI charge in Maine, you may be wondering whether a plea bargain is an option to reduce the penalties or avoid a conviction. The complexity of Maine’s OUI laws means that drivers who try to fight their charges alone—or rely on overburdened public defenders—often struggle to achieve a favorable outcome. The prosecution typically relies on breathalyzer results, field sobriety tests, and police reports to build its case, but errors in these procedures can provide leverage for negotiating a reduced charge.

A plea bargain is a negotiated agreement between the defense and prosecution in which the defendant pleads guilty to a lesser offense instead of OUI. This is often an option for first-time offenders, especially if there are issues with the evidence, such as procedural errors, faulty breathalyzer readings, or unlawful traffic stops. In Maine, a common plea deal involves reducing an OUI charge to “wet reckless”, a reckless driving offense involving alcohol.

If your case proceeds without dismissal, a strong defense strategy could still help secure a favorable plea deal. A skilled Maine OUI lawyer will carefully examine police reports, test results, and witness statements to identify weaknesses in the prosecution’s case.

Do not plead guilty without first consulting with an experienced attorney who can assess whether a plea bargain is in your best interest or if fighting the charge in court offers a better chance at avoiding serious penalties.

Common Plea Bargain Option

In Maine, the most common plea bargain for an OUI charge is a reduction to “driving to endanger”, a Class E misdemeanor. This charge carries significantly lighter penalties than an OUI conviction, typically resulting in:

• A fine under $1,000
• A 30-day driver’s license suspension (compared to a 150-day suspension for OUI)
• No mandatory jail time (unlike second and subsequent OUI convictions)

Factors That Influence Plea Bargains

Several factors determine whether a prosecutor is willing to offer a plea deal:

• Your criminal and driving history – First-time offenders are more likely to receive a favorable deal.
• Your cooperation with law enforcement – Being respectful and following instructions during the arrest may help.
• Whether you refused chemical tests – Refusing a breath or blood test can complicate plea negotiations.
• The strength of the state’s case – Weak evidence, procedural errors, or constitutional violations increase the likelihood of a plea bargain.
• Extraordinary hardships – If an OUI conviction would result in extreme consequences, such as job loss, prosecutors may be more open to negotiations.

When is the Best Time to Seek a Plea Bargain?

First-time offenders generally have the best chance of securing a plea deal. While plea negotiations can happen at any stage, they usually occur early in the legal process, after your OUI lawyer has reviewed the evidence and identified weaknesses in the prosecution’s case.

A strong legal defense increases your bargaining power, so consulting with an experienced Maine OUI attorney as soon as possible is essential. If a plea deal is not an option, a skilled lawyer can still fight for case dismissal or acquittal at trial.

What happens if you refuse a chemical test in Maine?

If you refuse to take a chemical test when requested by law enforcement, your license will be immediately suspended.

This is an administrative suspension from the Maine Bureau of Motor Vehicles, with no court action necessary – which is why it can happen immediately.

Maine has an “implied consent” law, meaning that you are legally required to take a breath, blood or urine test if there is probable cause and you are requested to do so by an appropriate authority.

Even if the charge of OUI is later dropped, you may still have to serve a lengthy license suspension, as follows:

• First offense – 275-day suspension
• Second offense – 18-month suspension
• Third offense – four-year suspension

Even if you refuse to take a chemical test, you can still be convicted of OUI from a police officer’s testimony.

Your refusal to take a test will then be considered an aggravating factor by the judge and may impact the severity of your penalties.

Can out-of-state licenses be suspended in Maine?

With out-of-state license holders who are prosecuted under Maine law, driving privileges cannot be suspended for anywhere but the state of Maine.

However, if the BMV in Maine issues you with a Notice of Suspension, it will also be sent to your home state and you can face a local suspension, according to the policies of your state’s Department of Motor Vehicles.

It is possible that your state only issues a suspension if you were found guilty of an OUI in another state – not for simply refusing a test.

If you are particularly unfortunate, you may be hit with a double suspension – one from Maine and then a new one that starts again when you return to your state.

OUI consequences beyond jail & fines

We will explore the Maine OUI consequences that go beyond the fines, license suspension, and jail time typically associated with such charges. Understanding the broader scope of consequences is essential for anyone dealing with an OUI case in Maine. Let’s explore the critical aspects and provide valuable insights to help you navigate this challenging situation effectively.

Driver’s license penalties for an OUI

In Maine, an OUI conviction can have far-reaching effects on various licenses beyond your driver’s license. If you hold licenses from authorities such as FAA, Homeland Security, Medical Board, Nursing Board, SEC, Real Estate Commission, and more, you may be subject to additional consequences. These licensing entities often have self-reporting or disclosure requirements that you must be aware of and adhere to.

Some may require you to disclose the conviction upon questioning, while others may demand self-reporting in the event of specific triggers like license suspension, conviction, or arrest. Failing to comply with these requirements can lead to serious repercussions on your professional standing and legal obligations.

It is crucial to understand the implications on all your licenses and take the necessary steps to protect your livelihood and adhere to the legal requirements in Maine. Seeking legal advice and guidance from experienced attorneys can help you navigate these complexities and safeguard your future.

Completion of DEEP

The DEEP (Driver Education and Evaluation Program) in Maine can be confusing for the individual charged with operating under the influence (OUI). However, understanding DEEP is crucial for navigating OUI cases effectively. Rule number one is to stop distinguishing between “counseling and DEEP” since counseling is a part of the DEEP program. By following this rule, you can gain a better grasp of the program’s dynamics.

The DEEP office is a part of The Office of Substance Abuse, which falls under the Department of Health and Human Services. This bureaucratic complexity may seem overwhelming, but it is essential to make sense of it to handle OUI charges and guide clients through the program successfully.

OUI cases are known to be highly complex, involving three components: Court, DMV, and DEEP. Attorneys have a responsibility to help their clients navigate this three-headed OUI monster effectively. By demystifying and clarifying the DEEP program, legal professionals can better assist their clients in facing OUI charges in Maine.

OUI Bail Conditions

OUI bail conditions in Maine may vary based on individual circumstances and the severity of the offense. Typically, bail conditions for OUI cases may include restrictions on alcohol consumption, random drug testing, and attendance at counseling or treatment programs. Additionally, the court may impose travel restrictions, require regular check-ins with authorities, and may even install ignition interlock devices on the offender’s vehicle.

Adhering to these conditions is crucial to avoid violating bail terms, which can lead to further legal complications. It’s essential to seek legal counsel to understand the specific bail conditions applicable to your OUI case in Maine and ensure compliance to navigate the legal process effectively.

OUIs & Entering Canada

If you have an OUI (same as a DUI ) conviction in Maine, it may impact your ability to enter Canada. Canadian authorities take DUI-related offenses seriously, and an OUI conviction could result in being deemed inadmissible to enter the country. In Canada, OUI is considered a serious offense falling under “criminal inadmissibility.” This means you might be denied entry at the border, regardless of the purpose of your travel.

Overcoming this inadmissibility requires legal assistance, such as obtaining a Temporary Resident Permit (TRP) or applying for Criminal Rehabilitation. To navigate the process successfully, it’s essential to consult with an experienced attorney familiar with Maine OUI laws and the implications of traveling to Canada with such a conviction.

Contact Our Maine OUI Lawyers Today

No matter how much evidence has been gathered and how overwhelming it appears, don’t plead guilty to an OUI in Maine.

The concept of “reasonable doubt” is very real in many OUI cases – and it may only require a proficient lawyer to introduce this doubt in your case.

Even if you end up being convicted, your lawyer can reduce the negative consequences for you.

OUI lawyers with specialized expertise in the state’s drunk-driving laws and trial experience know how to prevent one mistake on the roads from impacting your life excessively.

If you need help defending an OUI charge, call the Maine Criminal Defense Group at 207-571-8146 for a free case evaluation.

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