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OUI laws in Scarborough, Maine are severe, and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving.
If you have been charged with Operating Under the Influence (OUI) in Scarborough, Maine, do not assume the evidence against you is as strong as it appears. Maine OUI cases often rest on breathalyzer results, field sobriety tests, and officer observations, all of which can be challenged by an attorney who knows where to look. A conviction can cost you:
Our Scarborough OUI defense attorneys at The Maine Criminal Defense Group have decades of experience defending clients against OUI/DUI charges throughout Cumberland County.
Founding attorney William T. Bly has spent over 20 years focused on criminal defense in Maine, and holds certifications as a breath alcohol technician and a field sobriety testing instructor, credentials that are rare among defense attorneys and directly relevant to challenging the evidence in your case.
Whether this is a first OUI offense or you are facing a charge with prior OUI convictions on your record, our team will review every detail of your arrest to build the strongest possible defense on your behalf.
Being charged with an OUI offense brings a wave of worry — about your license, your job, and your family — and it is a lot to carry. You didn't plan for this.
At The Maine Criminal Defense Group, we have sat across from people in exactly your position, and we will meet you where you are, without judgment, and protect your future. You are not defined by this charge.
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| 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 |
A “first offense” means that you do not have any prior OUI 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:
Scarborough 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.
For a second OUI offense in Maine, it’s considered a Class D crime with potential penalties. The maximum jail term is 364 days, and fines can reach up to $2,000. Mandatory minimum penalties include:
If you refused a chemical test, the penalties become more severe:
To learn more about the penalties for subsequent OUI charges in Maine, please review our comprehensive guide or contact us directly.
The BMV in Scarborough 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.
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:
Read More → Underage OUI Charges in Maine
You are breaking the law if you refuse a breath, blood or urine test if you are suspected of OUI in Scarborough 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.
Being charged with Operating Under the Influence (OUI) in Scarborough, Maine can be overwhelming, but an arrest does not guarantee a conviction. There are multiple legal strategies to challenge the evidence, weaken the prosecution’s case, and fight for a dismissal or reduction of charges.
One of the most critical elements of an OUI case is the evidence from field sobriety tests, breath tests, or blood tests. However, these tests are not always accurate or reliable.
We will investigate:
Field Sobriety Test Accuracy – These tests are subjective and can be influenced by fatigue, medical conditions, or poor weather conditions.
Breathalyzer Calibration & Errors – Breath testing devices must be properly maintained and calibrated. If the machine was not functioning correctly, the results could be inadmissible.
Blood Test Chain of Custody – If there were errors in how your blood sample was collected, stored, or analyzed, the results may be invalid.
The Legality of the Traffic Stop – Did law enforcement have reasonable suspicion to pull you over? If not, the stop may have been unlawful.
The Arrest Process – Did the officers follow proper legal protocols? Violations of your rights could lead to evidence being suppressed.
If we uncover flaws in the testing process, we can weaken the prosecution’s case and potentially get the charges reduced or dismissed.
Even if your Blood Alcohol Concentration (BAC) was recorded above the legal limit, it does not always mean you were impaired. Common defenses include:
Field Sobriety Test Inaccuracy – Factors such as uneven surfaces, poor lighting, or medical conditions can affect test performance.
Alternative Explanations for Behavior – Fatigue, anxiety, or even poor balance may have been misinterpreted as intoxication.
Police officers must follow strict guidelines when conducting OUI stops and arrests. If they violate your rights or fail to adhere to protocol, your charges could be dismissed. Your defense lawyer will examine:
The Legality of the Stop – If the officer lacked reasonable suspicion to pull you over, any evidence collected after the stop may be inadmissible.
Arrest Procedures – If your Miranda rights were not read or officers did not follow proper arrest protocols, your case may be challenged.
Maine’s implied consent law requires drivers to submit to a chemical test when lawfully arrested for OUI. However, if officers failed to properly inform you of your rights and the consequences of refusal, your license suspension or charges could be contested.
To legally stop and arrest a driver for OUI, police must have reasonable suspicion or probable cause. If an officer stopped you without a valid reason—such as an illegal checkpoint, profiling, or a simple hunch—your attorney may argue that the entire case should be dismissed.
Choosing the right OUI defense attorney in Scarborough, Maine is one of the most consequential decisions you will make after an arrest. The right attorney brings more than general legal knowledge.
They bring specific experience with Maine’s OUI laws, familiarity with how cases move through Scarborough’s courts, and the technical skills to challenge the evidence against you.
Maine’s OUI laws are technical, and defending against them requires an attorney who understands the science behind the evidence, not just the legal procedures.
Attorney William T. Bly is a certified breath alcohol technician and a certified field sobriety testing instructor. Those certifications mean he evaluates breathalyzer results, blood alcohol evidence, and field sobriety test administration with the same technical knowledge used to collect that evidence in the first place.
That depth of expertise is directly relevant to building an effective defense.
You should never feel uninformed about where your case stands. At The Maine Criminal Defense Group, Attorney Bly takes the time to explain your options, answer your questions, and develop a defense strategy tailored to the specific facts of your case.
Whether the goal is negotiating a reduced charge or preparing for trial, the approach is built around your situation, not a one-size-fits-all formula.
Be cautious of any attorney who guarantees outcomes. What you should look for instead is an attorney known for honest case assessments, ethical representation, and a track record of achieving favorable results for clients.
Attorney Bly’s reputation throughout Scarborough and the rest of Southern Maine reflects a consistent commitment to his clients’ rights and a straightforward approach to criminal defense.
Attorney William T. Bly is a certified breath alcohol technician and certified field sobriety testing instructor — the same credentials held by the officers who tested you.
With 20+ years of Maine OUI defense experience, he knows exactly where those tests can fail and how to use that to your advantage.
19 Commercial St
Portland, ME 04101
Phone: (207) 602-1675
Monday through Friday 9AM – 5PM
Contact one of our experienced Scarborough OUI defense attorneys to help you avoid much of the aforementioned pain and headache that comes with getting arrested for drinking and driving.
205 Newbury Street
Portland, ME 04101
Phone: (207) 822-4200
Monday through Friday 8AM – 4PM
If you have been charged with Operating Under the Influence (OUI) in Scarborough, Maine, you may feel overwhelmed by the legal process ahead. The consequences of an OUI conviction—jail time, hefty fines, and a suspended driver’s license—can be severe. However, being charged does not mean you are automatically guilty. The prosecution must prove beyond a reasonable doubt that you were impaired or over the legal limit, and an experienced Scarborough OUI defense lawyer can challenge their case at every stage.
At The Maine Criminal Defense Group, we guide clients through the OUI court process in Scarborough, ensuring they understand their legal options and building the strongest possible defense.
The first step in the OUI legal process is arraignment, which typically occurs within a few weeks of your arrest. During this court appearance:
Pleading not guilty allows your defense lawyer to challenge the evidence and negotiate for a potential dismissal or reduced charge.
Approximately six weeks after the arraignment, a dispositional conference is held. This meeting includes:
A strong defense strategy can increase the chances of securing a favorable plea deal or even a dismissal before trial.
Following the dispositional conference, your defense lawyer may file motions to suppress evidence or request additional discovery. This process includes:
Motion hearings usually occur around two weeks after the dispositional conference and can significantly impact the strength of the prosecution’s case.
If key evidence is thrown out, the prosecution’s case may become weak or unprosecutable, leading to a potential dismissal.
If your case is not resolved through negotiations or a plea deal, it moves to trial. Before the trial begins:
A fair and unbiased jury is critical to ensuring you receive a just trial.
If your case reaches trial, expect:
Most OUI trials in Scarborough last one to two days, but pre-trial motions may still be filed beforehand to decide which evidence can be presented in court.
A well-prepared defense can create reasonable doubt, increasing the likelihood of an acquittal or reduced sentence.
In Maine, you can not get an OUI expunged.
An OUI conviction in Maine creates a permanent record on both your driving and criminal history, and the impact extends far beyond this lasting mark.
The only possible way to address an OUI conviction on your record is by seeking executive clemency from the Governor. However, this option is exceedingly rare for OUI offenses and involves a rigorous, time-consuming application process. Even if clemency is granted, it does not fully expunge the conviction. The offense may still appear on certain background checks.
Facing an OUI charge in Scarborough, ME comes with a range of legal consequences that can affect many aspects of your life and it’s crucial to understand these regulations to protect your rights and avoid losing your driving privileges.
In Scarborough, Maine, confronting an OUI charge may feel overwhelming, but you don’t have to face it in alone. Our steadfast OUI defense team is ready to safeguard your rights, scrutinize evidence, and strive for the optimal resolution in your case.
An OUI arrest can turn your life upside down overnight. The fear of losing your license, your job, or your reputation is real, and what you do next matters. An OUI charge is not a conviction, and the outcome is not predetermined.
Scarborough is a large suburban and coastal town in Cumberland County, just south of Portland. OUI arrests in Scarborough are processed at the Cumberland County Jail in Portland, and cases are heard at the Cumberland County District Court in Portland. Below are key local resources for Scarborough following an OUI or DUI arrest.
Local Police Department: Scarborough Police Department
Address: 259 US Route 1, Scarborough, ME 04074
Phone: (207) 883-6362
County Jail (Booking & Processing): Cumberland County Jail
Address: 50 County Way, Portland, ME 04102
Phone: (207) 774-5939
District Court (OUI Proceedings): Cumberland County District Court – Portland
Address: 205 Newbury Street, Portland, ME 04101
Phone: (207) 822-4200
Black Point Auto & Towing
Address: Scarborough, ME (serves south Cumberland County)
Phone: (207) 883-6043
Ray’s Truck Service
Address: 207 North Street, Saco, ME 04072
Phone: (207) 282-0059
Contact our office to speak with
one of our team members who will set up a confidential consultation to discuss your case.
Great group of people. Managed to get me a favorable outcome from a very bad situation. I would highly recommend this firm if you have legal troubles. Top notch performance!!
So thankful I chose this team to represent me. They’re the best, hands down. Nathan Hitchcock proved my innocence not once but TWICE, including a trial by jury. I have a family in law enforcement who told me “Bill Bly and his team are the best. If I would recommend anyone, it would be them.”
If you are facing criminal charges or an OUI/DUI offense in Maine, the defense attorneys at The Maine Criminal Defense Group are here to help. Call our office to speak with one of our team members, who will discuss your case with you and set up a consultation with one of our attorneys.
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