An OUI case may be the only time that many people in Maine face the criminal justice process. It can be daunting, stressful, and deeply concerning for anyone who doesn’t know what to expect—and who tries to go it alone.
Should you plead guilty? What will happen if you simply accept the charge and save the stress of fighting it?
By hiring an experienced OUI attorney, you will understand more about the judicial process and discover that it is almost always best to challenge an OUI charge. Working with a defense lawyer, you can attend court with more certainty and increase your chances of a favorable result.
Let’s start by outlining what happens after an arrest and at the first OUI court appearance in Maine, as well as what you can expect from the criminal justice process in general.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI/DUI & criminal defense attorneys, serving Maine, today.
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OUI arrest and charge in Maine
In Maine, DUI or DWI is called OUI, which stands for Operating Under the Influence.
Most alleged OUI offenders are arrested at traffic stops in Maine. If a law enforcement officer suspects impaired driving or an illegal Blood Alcohol Concentration (BAC) level, based on answers to questions, the smell of alcohol, or signs of impairment, suspects may be asked to perform a standardized field sobriety test (SFST).
If the police officer establishes probable cause to believe that the driver is impaired, he/she will be arrested and taken to a local Maine police station for a chemical test.
A blood, breath, or urine test will be used to measure the BAC. Refusing such a test is illegal and will result in arrest. It is best to say as little as possible after being arrested, but you will be charged with OUI if the chemical test confirms the officer’s suspicions or you refuse a test.
Background checks will be performed, fingerprints taken, and you will be photographed. Most individuals charged with a first OUI without aggravating circumstances are placed in a holding cell for a few hours while the police process the charges. They are often then released on a promise to appear at the court on the appointed date.
According to Maine’s Bail Code, judicial officers can release people charged with misdemeanor crimes, such as most cases of OUI, on personal recognizance (PR) or an unsecured appearance bond, unless there are reasons to deny that kind of release. A variety of conditions may be imposed on the defendant’s release but the main condition is that they attend court on the appointed date.
First OUI court appearance in Maine
If you were arrested for Operating Under the Influence (OUI) in Maine, it is almost inevitable that you will need to appear before a judge after your release.
For a non-felony crime, your first court appearance is known as the arraignment. This will usually take place at a District Court (or sometimes at the Superior Court) in the county where the arrest took place.
For instance, if you were arrested in Cumberland County (e.g., Portland or Westbrook), your first appearance would be in Cumberland County District Court. If it happened in Penobscot County, you would appear in Bangor District Court.
Your OUI lawyer can attend the arraignment on your behalf. Arraignment hearings are usually scheduled with many defendants appearing at the same time.
At an arraignment for a Class D or E criminal charge (a misdemeanor, which applies to most first or second OUIs), the judge will:
- Read the charge(s) against you
- Ensure that you understand the charge and possible penalties
- Ask you to enter a plea of guilty or not guilty
For guilty pleas, the judge will impose a sentence there and then, including a license suspension, fine, and possibly even jail time. If a not-guilty plea is entered, the defendant will receive notice of a second court date, known as a “dispositional conference”.
The dispositional conference may be scheduled for 1-2 months after the first court appearance, during which time an OUI defense lawyer will get to work on preparing a defense. This appearance is an opportunity to discuss a possible resolution with the District Attorney to avoid a trial, and to file motions to suppress evidence—for example, for evidence illegally obtained during a search and seizure.
If no motion is filed, and the case remains unresolved, the Court will schedule a docket call. This is where the Court goes through a list of cases exposed to trial for that month—usually, the last chance to settle the case before jury selection and trial.
Why hire an OUI lawyer before your first court appearance?
The arraignment is not the trial but it is still an important hearing in OUI cases—and one that you should prepare for by hiring a defense attorney in advance.
Your OUI attorney can help by:
- Entering a not-guilty plea on your behalf, thereby saving you the need to attend the arraignment.
- Sending preservation of evidence letters to ensure the police retain important evidence that may help your defense.
- Requesting full discovery from the District Attorney’s Office, so that police reports, witness statements, video/audio recordings, test results, and other evidence can be thoroughly examined.
Another major benefit of hiring an OUI lawyer before the first court appearance is to request (and attend) an administrative suspension review hearing with the Maine Bureau of Motor Vehicles. Defendants’ licenses are suspended automatically by the BMV before any court hearing. The review must be requested with the Driver License Services Division within 10 days of the date of suspension listed on the notice.
Drivers who have submitted to a chemical test can usually drive until the BMV hearing date, as their license suspension will be placed on hold. However, with OUI refusal charges, a stay of the suspension is not available; the driver’s license will remain suspended pending the outcome of the hearing.
As always, the best chance of avoiding an OUI conviction and lifelong criminal record in Maine is to defend the charge with the aid of the best criminal legal counsel available.
For experienced legal help with any criminal matter, call The Maine Criminal Defense Group at for an initial case evaluation.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI/DUI & criminal defense attorneys, serving Maine, today.
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