In Maine, driving under the influence (DUI) of alcohol is also known as Operating Under the Influence (OUI). Simply stated, if you are found to have a blood alcohol content of 0.08% or above, you could be arrested and charged with OUI.
Maine also operates under the zero-tolerance law, meaning that if someone is under 21 and was found driving with even a trace of alcohol in their system, they will be arrested for OUI.
If you are stopped and suspected of having consumed alcohol or illicit drugs, you will be asked to take a field sobriety test and/or blow into a breathalyzer. The results of this may lead to an OUI charge — and you cannot refuse a blood or breath test or you will be arrested and charged immediately (more about this below).
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Note that the legal limit is 0.08 percent blood alcohol concentration (BAC) but you do not need to be at or over that limit to be charged with OUI in Maine. If your driving is impaired by the use of alcohol or drugs in any way, according to the observations of the police officer(s), you can be arrested and charged with OUI.
Do not try to defend an OUI charge yourself. As you will see in the next section, the consequences are harsh — and you do not want to be saddled with a criminal record for the rest of your life.
A conviction could cost you up to $7, 000, so it is important that you do everything in your power to get the charges against you dropped. Our experienced Maine OUI attorneys can help you deal with all the consequences effectively. Look through the information below to learn more.
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For example, you only have 10 business days to stop your license from being suspended. An OUI attorney, with decades of successful case results, can make sure you can keep your license until your trial, but only if you call right away.
If you have been arrested for OUI in Maine, you must request a BMV hearing within ten days of the date of your arrest in order to fight an automatic driver’s license suspension from the Secretary of State.
The penalties for OUI/DUI in Maine depend upon whether it is your first offense — or a subsequent one. Be aware that Maine judges routinely exceed the recommended minimum penalties when sentencing.
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If there are aggravating circumstances present, such as a BAC of .15 percent or higher, passengers under the age of 21, or speeding over 30 mph above the speed limit, a mandatory minimum two-day jail sentence applies.
If your DUI happened within 10 years of a previous offense in any state (or you refused a breath test in Maine during the same period), it will be counted as a second misdemeanor offense and the following penalties will apply:
A third or subsequent OUI conviction within ten years or an OUI accident resulting in serious injury elevates the OUI to a Class C felony with the following punishments:
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The license suspensions outlined above can be imposed even before you go to court by the Maine Bureau of Motor Vehicles for drivers with BAC levels of .08 percent or more.
If you want to challenge the suspension, you’ll need to request a hearing in writing within ten days of the date of suspension.
Whether or not you are found guilty of the criminal OUI charge, the administrative suspension will apply unless it is successfully challenged.
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Suspensions are even more serious for drivers aged 21 years or older with a passenger under the age of 21, with an additional 275-days imposed.
Watch and listen to this video where William Bly discuss “operating under the influence” and whether these charges can show up on a background check.
The implied consent laws in Maine mean that you cannot refuse to submit to a blood, urine or breath test if requested by a police officer.
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Illegal substances such as cocaine and marijuana significantly affect one’s ability to drive, but these are not the only types of drugs which can constitute a OUI conviction. Some kinds of prescription medications can also result in OUI, meaning that the driver may be completely unaware that they are breaking the law.
Our state operates under the zero-tolerance rule, which means that if a driver is under the age of 21 and is found to have any amount of alcohol in their blood, they could be accused and charged with DUI.
If you were accused of causing an accident while driving under the influence of alcohol, you could be subject to stricter penalties.
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When the victim of the accident sustained a serious bodily injury rather than just property damage, you need to ensure that you have a strong representative on your side.
A conviction of a third, fourth, or subsequent DUI is considered a felony DUI. Also, if you were accused of causing an accident that resulted in serious injury or death, this will also be categorized as a felony.
The most serious charge to be facing in relation to OUI is vehicular manslaughter. When an individual is killed because of a drunk driver, there will be serious repercussions.
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Also known as vehicular homicide, the penalties in Maine up to twenty years in prison. Not only that, but you could be given heavy fines as well as lose your driver’s license for an extended amount of time.
When any accident occurs, it is against the law to leave the scene of the accident until you have exchanged contact information and sought medical attention if anyone was injured.
If you were shown to be under the influence of alcohol at the time of the crash, leaving the scene will only add to the penalties you could be facing.
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If you were accused of an OUI while in a state other than your own, you could be facing penalties in both states.
For this reason, it is important to ensure that you have qualified assistance from someone who understands the complications which can arise from these types of cases.
It may seem like a suspended license is one of the least serious types of penalties you could be facing following a DUI conviction.
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In cases where the accused was in possession of a commercial driver’s license, then they could risk permanently losing their driver’s license and thus, their livelihood.
According to the U.S. Coast Guard, alcohol consumption is more dangerous on water than on land. Boating under the influence will include the factors of water motion and glare as well as the fact that boating operators generally have less experience than motor vehicle drivers.
When a driver has a commercial driver’s license (CDL), they are subject to different rules and regulations. Rather than the legal limit being 0.08%, they will instead be able to be subject to a much lower standard of 0.04% if they’re driving a commercial motor vehicle.
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If they are driving a car, the .08% standard applies. This is extremely serious as it means that they could lose their license and with it their ability to support themselves and their family.
When a driver has a passenger in their car who is under 21 and they are accused of DUI, their penalties will be enhanced.
They will be facing at least 48 hours behind bars, have their license suspended for 90 days, and be fined at least $500.
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Plead guilty to a drunk driving charge in Maine. This is an emotionally highten period in your life. Take a step back and understand what your options are moving forward.
The results of your field sobriety test, blood test, or breath test could prove to be the largest portion of evidence against you. Therefore, if our OUI attorneys in Maine are able to challenge this evidence, the case against you could be substantially weakened.
We will examine the accuracy of the tests in order to discover if there were any errors in the administration or interpretation of the test.
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When faced with an accusation of driving under the influence, you will probably have many questions going through your mind. You need to be aware of what to expect so that you have the best chance of defending yourself.
Following the initial traffic stop, you will be brought into custody where the booking process will take place. After this there will be a preliminary hearing.
This is important because it is here where the judge will decide if there is enough evidence to take the case to trial.
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Only the Bureau of Motor Vehicles has the ability to suspend a driver’s license. Due to this fact, you may be found not guilty of DUI in court, yet still have your license suspended by the BMV.
The BMV hearing will take place at the office closest to where the offense took place and it is here where statements will be heard regarding the case.
If a police officer did not have reasonable cause to pull you over, yet you were arrested for drunk driving, this could cause your case to be dropped. One of your civil rights is protection against illegal search and seizures, and if this has occurred in your case, any evidence they believe they have against you may
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