Updated on May 14, 2023 An OUI is a permanent black mark on your Maine driving and criminal record, but...
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OUI Defense Lawyers in Portland, Maine
OUI laws in Portland, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving here.
The difference between a lifelong criminal record and potential jail time for an OUI conviction is usually the strength of the defense you put forward for your actions.
The experienced Portland OUI attorneys at The Maine Criminal Defense Group can help you avoid the serious consequences of a conviction. As well as an in-depth understanding of the OUI laws in Maine, we know the court system in Portland and have successfully defended many OUI defendants in your position here.
Table of Contents
OUI laws in Portland Maine
Under Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this and many also understand that the legal limit is .08 percent Blood Alcohol Concentration (BAC).
But did you know that you can be arrested and charged with OUI even if you are within the legal limit? If a law enforcement officer suspects you of operating a vehicle in an impaired way, you will be arrested and asked to submit to certain tests.
First and second OUI offenses are usually charged as Class D misdemeanors in Maine. Subsequent offenses may elevate the charge to a class C felony.
If you plead guilty to OUI or are found guilty by a judge in Portland, you will face both criminal penalties from the court and administrative penalties from the Bureau of Motor Vehicles (BMV) in Maine.
Read More → understanding Impaired Driving and OUI Laws in Maine [2021]
OUI first offense: criminal penalties
A “first offense” means that you do not have any prior DUI convictions in any state within the preceding 10 years.
Maine imposes the following set of mandatory minimum criminal penalties for a first offense OUI conviction:
- $500 fine
- 150-day driver’s license suspension
- Misdemeanor on your permanent record
Portland judges frequently exceed these minimum penalties and hand down harsher punishments. It’s important to bear in mind that even for a first conviction, Maine OUI laws allow for a maximum penalty of 364 days in jail.
Penalties for second and subsequent OUI offenses carry harsher minimum and maximum penalties.
BMV penalties for a first OUI
The BMV in Portland doesn’t wait for a conviction before suspending your driver’s license.
If you fail a breathalyzer test with a BAC of .08 percent or higher, the BMV will suspend your driver’s license. This is an automatic suspension unless you contest it by requesting an administrative hearing (in writing) within 10 days of the notice of suspension date.
An OUI lawyer from The Maine Criminal Defense Group can file for and represent you at the hearing, which can be especially beneficial if you live out of state or are busy working.
If you are unsuccessful at your BMV hearing and are later convicted in court, any criminal driving suspension runs concurrently with the BMV one. You serve the suspension only once.
Read More → Refusing a Breathalyzer or Chemical Test when Pulled jOver for an OUI in Maine
Drivers under the age of 21
For drivers under the age of 21 (the legal drinking limit in Maine), Zero Tolerance laws apply for OUI.
Your license will be suspended by the BMV for any amount of alcohol and, for a first-time OUI, you will face the following criminal penalties:
- 150-day suspension
- Driver Alcohol Education (DEEP Program)
- Reinstatement fees
Read More → Underage OUI Charges in Maine [2022]
OUI / DUI penalty overview in for Maine
If the OUI investigation gathers strong evidence of an operating under the influence crime, you could end up getting convicted on drunk driving or drugged driving charges.
The penalties for an OUI conviction continue to change and carry heavier penalties and fines as politicians continue to cater to special interest groups that want to punish drunk drivers.
As a result, the sanctions for an OUI conviction, even one that does not involve a crash or injury, are shockingly high for the severity of the crime:
| No. of Offense (Last 10 Years) | License Suspension | Jail Time | Minimum Fine |
| 1st Offense | 150 Days | 0 – 96 Hours | $500 |
| 2nd Offense | 3 Years | 7 Days | $700 |
| 3rd Offense | 6 Years | 30 Days | $1,100 |
| 4th Offense | 8 Years | 6 Months | $2,100 |
Implied consent penalties in Maine
You are breaking the law if you refuse a breath, blood or urine test if you are suspected of OUI in Portland and requested to submit a chemical sample.
This is known as the “implied consent” law, meaning that drivers in Maine must submit to a BAC test or breathalyzer when requested by a qualified law enforcement officer. Refusal will lead to an automatic suspension of your driving privileges for 275 days.
For drivers under the age of 21, a refusal means an automatic suspension of driving privileges for 18 months.
OUI defenses in Maine
Very few OUI cases are “open and shut”. Once you talk your situation through with an experienced OUI defense attorney, we may be able to work on pretrial negotiations to convince the prosecutor to drop the charges.
If the case looks like it will proceed to trial, we can normally consider one of the following defense strategies depending on the precise circumstances of your case:
- Lack of witness credibility: The officers/witnesses involved provide inconsistent testimony/reports.
- No probable cause for arrest: If the arresting officer had no probable cause to arrest you and subsequently compel you to take the breathalyzer or blood test, it can damage the prosecution’s case against you.
- Unreliable Field Sobriety Tests: FSTs are highly subjective and often administered incorrectly by poorly trained officers, which can harm the prosecution’s case.
- Malfunctioning equipment: Breath test equipment is highly technical and needs to be correctly maintained, calibrated and operated to provide accurate readings. A technical issue or poorly trained officer can provide a powerful defense.
- Chemical blood test issues: strict procedures must be followed with blood tests and any deviation from these can result in contamination and the evidence being dismissed.
Law Firm Location in Portland, Maine
19 Commercial Street
Portland, ME 04101
Phone: (207) 292-5736
Hours of Operation
Monday through Friday 8AM – 8PM
Contact one of our experienced DUI attorneys to help you avoid much of the aforementioned pain and headache that comes with getting arrested for drinking and driving.
Our OUI / DUI attorneys are experienced in:
- Understanding field sobriety tests that law enforcement officials rely upon to build their drunk driving cases.
- Understanding the nuances of breath and blood testing and are skilled at identifying the legal and scientific issues that can be identified and challenged in court.
- Responding to OUI challenges that involve both alcohol or drugs which is critical as OUI charges are not just unique to drinking but also partaking in illicit substance while operating a motor vehicle.
Location of courthouse in Portland, Maine
If you get charged with operating under the influence (OUI) in Portland, your case will be handled in the Portland Unified Criminal Docket, in Portland, Maine. The courthouse is located at:
205 Newbury Street
Portland, ME 04101
Phone: (207) 822-4200
Hours of Operation
Monday through Friday 8AM – 4PM
The Maine district courthouse resides in a large, bulky, white stone building. Driving directions can be found using the following Google Maps directions, and are also available on the court’s website.
Importantly, make sure that you go to the correct courthouse. The Federal District Court for Southern Maine is located directly across Pearl Street from the Maine District Court. The Federal District Court is for federal cases – many people mistakenly go to the federal courthouse when they actually have a state case.
Your OUI charge is a state charge, so will be handled in the Maine District Court, not the Federal District Court. Unfortunately, both courthouses look very similar, and are right across the street from each other.
Make sure that you go to the correct court; if you don’t, and are unable to make it to a court proceeding that requires your presence, the court can issue a warrant for your arrest.
If you have any doubts, stand in Lincoln Park, near the intersection of Pearl Street, and Federal Street, and stand with your back to the park, facing the intersection.
You want to be in the Maine District Court, the building on the left. You will only have to walk across one road – Federal Street – to get to it. To get to the Federal District Court from that point, you will have to walk across two roads – Federal Street, and Pearl Street.
Courtroom Portland
If you’re attending court for the first time (assuming it is your arraignment), court will likely be held in courtroom #1, which is located on the 1st floor. For all other court appearances, your case will likely be held in courtroom 7.
You will not have to venture up to the third floor – this area is only for the Cleave’s Law Library and for the Maine Law Court Justices’ offices. If you’re case is set for jury selection or jury trial, you’ll likely be in courtroom #11, which is on the second floor.
What is the court process for OUI charges in Portland?
In Portland Maine, OUI is processed just like any other criminal case in Cumberland County — through the Unified Criminal Docket (UCD). This means that we will not need to transfer your case to the superior court for a jury on a misdemeanor OUI.
While this is generally good news for defendants, it does mean that the case may not be heard locally but at some distance from where the alleged offense occurred.
An OUI case will go through the following legal steps:
- Arraignment: The OUI defendant is scheduled to appear before a judge in either Portland Unified Court, Bridgton District Court, or West Bath District Court to hear the charges and enter a plea.
- Dispositional conference: about six weeks after arraignment, the defense, prosecution and sometimes the judge meet to discuss whether a negotiated resolution is possible.
- Motion hearing: the defense in OUI cases often files motions to suppress evidence or for additional discovery. This must happen no later than the day after the dispositional conference and will be heard around two weeks after the dispositional conference.
- Jury selection: if the OUI case proceeds to trial, jury selection in Portland generally happens on a Monday a few weeks after the motion hearing date.
- Trial: the trial is usually scheduled for around two weeks after jury selection. Before then, more motions may be filed to decide on the evidence that the jury will see. The OUI trial process normally takes around one or two days in Portland.
Portland, Maine Prosecutors
The District Attorney for Cumberland County, including Portland, is Stephanie Anderson. Ms. Anderson has held the position since 1991, a string of five terms. Her office of prosecutors is divided into four teams.
Each team is led by an experienced prosecutor, and is responsible for specific police departments. They handle all of those police departments’ criminal caseload, including both misdemeanor and felony cases.
If you have any questions about the process of dealing with an OUI / DUI charge in Portland, Maine call The Maine Criminal Defense Group at (207) 292-5736.
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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.
Oustanding
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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!!!
A TRULY EXCELLENT ATTORNEY
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…
William is salt of the earth
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.
A Great Firm!
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…
Ryan M.
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 &…
Andrew S.
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…
Rachel P.
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…
Abigail Z.
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…
Wade C.
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…
Vicky L.
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…
Michael S.
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…
Amanda F.
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…
Emma W.
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…
Terry L.
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.
Max C.
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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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.
Trent Q.
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…
Fredrick D.
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…
John Y.
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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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…
Ned B.
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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Nick G.
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…
Lisa F.
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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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.
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…
Erica L.
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…
Theresa S.
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.
James C.
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…
Amy O.
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…
Mary S.
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…
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Bryan D.
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Rick M.
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…
Dawn S.
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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