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Get Help With Your Maine DUI/OUI

A Maine DUI Lawyer Can Make THE Difference in Your Case

If you face a Maine DUI arrest and prosecution, you need access to useful information and rock-solid legal advice. You need to be able to rest and relax, confident in the fact that when you hire your Maine OUI law firm, you are in highly competent, experienced, well-known and caring hands.

You need a firm that will give you fanatical personal attention and support, and fight for every inch of ground in your case. Attorneys Matthew Nichols and Wayne Foote are well known experts in the law, science and art of defending impaired driving cases. If you have a Maine DUI case and have questions or need help, one of these two lawyers can help. Choose the county of your arrest to view the attorney who can help you get through the system and get the best possible result:

Maine OUI PenaltiesMaine OUI Penalties:

The lowest level of OUI in Maine can send you to jail for up to 364 days, put you on probation for up to one year, make you pay a fine of up to $2,000, and take your license for up to eighteen months. A felony OUI involving serious injury or death can send you to jail for years and revoke your license for life. There are many serious penalties between these two ranges. Obviously, few first offenders can expect to see maximum penalties. Even so, the penalty that is imposed in the average case is serious. Note: Maine will report any OUI conviction to your home state or Canadian province. In almost every case, your home state or province will then suspend your license.

If you have no prior OUI/DWI/DUI’s in any state in the last ten years, you are considered a first offender. A first offense OUI with no aggravating circumstances carries a mandatory minimum penalty of 90 days license suspension and a $500 fine. The first 60 days of that suspension are without a work-only license. If you have aggravating circumstances such as an alcohol level of .15% or above, a passenger under 21 years of age, excessive speeding (30+ mph over the limit) or an accident, there is a mandatory two-day jail sentence. If you refuse to take a breath or blood test the mandatory minimum sentence is four days in jail and a $600 fine. All fines have substantial surcharges of 20% plus additional fees. Some judges routinely exceed these minimum sentences.

A second offense within ten years carries a minimum seven-day jail sentence (twelve days for a refusal), a $700 fine ($900 for refusal), a three-year license suspension without a work-only license, and a suspension of the right to register a vehicle. The three year suspension may be shortened to nine months if the person installs an Ignition
Interlock Device (IID) for two years. This IID provision applies only to offenses occurring after August 31, 2008, and does not affect an 18-month suspension imposed for offenses before that date.

A third offense within ten years is a Class C felony. It carries a maximum penalty of five years in prison, a $5,000.00 fine and one year of probation. There is a minimum thirty-day jail sentence (forty days for a refusal), a $1,100 fine ($1,400 for refusal), a six- year license suspension without a work-only license and a suspension of the right to register a vehicle. The six-year suspension may be shortened to three years if the person installs an Ignition Interlock Device (IID) for three years. This IID provision applies only to offenses occurring after August 31, 2008, and does not affect a four-year suspension imposed for offenses before that date.

A fourth or subsequent offense within ten years, is a Class C felony. It carries a possible 5-year maximum sentence, a minimum jail term of six months (six months and twenty days for a refusal), a minimum fine of $2,100 ($2,500 for a refusal), a six-year license suspension without a work-only license and a suspension of the right to register a vehicle. For offenses occurring after August 31, 2008, the driver must install an Ignition Interlock Device (IID) for four years after the suspension has run. This IID provision applies only to offenses occurring after August 31, 2008, and does not affect suspension imposed for offenses before that date.

An OUI with accident and serious injury with a serious injury is a Class C felony. It carries a possible 5-year maximum sentence, a minimum jail term of six months (six months and twenty days for a refusal), a minimum fine of $2,100 ($2,500 for a refusal), a six-year license suspension without a work-only license, and a suspension of the right to register a vehicle. For offenses occurring after August 31, 2008, the driver must install an Ignition Interlock Device (IID) for four years after the suspension has run. This IID provision applies only to offenses occurring after August 31, 2008, and does not affect suspension imposed for offenses before that date.

An OUI with accident and death is a Class B felony. It carries a possible 10-year maximum sentence, a minimum jail term of six months, a fine of not less than $ 2,100, a ten-year license suspension without a work-only license, and a suspension of the right to register a vehicle.

An OUI with prior OUI felony is a Class B felony. It carries a possible 10-year maximum sentence, a minimum jail term of six months, a fine of not less than $ 2,100, a ten-year license suspension without a work-only license, and a suspension of the right to register a vehicle.


Maine OUI Driving ConsequencesMaine OUI Driving Consequences

The Secretary of State will suspend the license of a driver with a BAC of .08% or more (or a minor with any detectable BAC) for the periods listed above for convictions.
This suspension can take place even before you go to court! This suspension runs concurrently with any suspension imposed for the conviction and consecutively with any refusal suspension. This suspension is initiated by the officer filing a report with the Secretary of State. A hearing must be requested within ten days of the date of suspension. Any suspension imposed will remain in effect, even if the person is acquitted of the criminal OUI charge.

If a driver who is 21 years or older has a passenger under the age of 21, an additional suspension of 275 days will be imposed. A driver under age 21 who has a passenger under 21 will have an additional suspension of 180 days imposed. Implied Consent laws (Refusals).

Penalties for refusal of a chemical test: 275-day or license suspension for first refusal, 2 years for second refusal within 10 years; 4 years for third refusal within ten years; and 6 years for fourth refusal within 10 years. See additional penalties above noted for conviction. A driver under the age of 21 who refuses a test receives a license suspension of 18 months for the first refusal and 30 months for the second refusal.


Maine OUI AcronymsMaine Drunk Driving Acronyms

Whether you call it OUI DWI DUI, it is basically a crime involving drinking and driving while impaired. In Maine it is called OUI. OUI means one or both of two things: First, OUI can be operating or attempting to operate a motor vehicle while under the influence of intoxicants. “Intoxicants” are any substance, including alcohol and both illegal and prescription drugs. A person is “under the influence” if their mental or physical faculties are impaired to the slightest degree, regardless of whether the impairment affects the ability to safely operate a motor vehicle. Second, OUI can be operating or attempting to operate a motor vehicle while having a breath-alcohol content (BrAC) 8 grams of alcohol per 210 liters of breath, or a blood-alcohol content (BAC) of 8 grams of alcohol per 100 milliliters of blood by weight. This is commonly referred to as a BrAC or BAC of 08%. A person with a BrAC or BAC or .08% or more commits an OUI, regardless of whether that level of alcohol affects the person or the ability to drive safely.

How a Maine DUI lawyer can help you

If you are not a lawyer well versed in Maine DUI law, criminal procedure, forensics and advocacy, it should be apparent to you that you should look into getting serious professional help A good and experienced Maine DUI lawyer can make all the difference in your case. The best way to find out what a lawyer can do for you is to interview at least a couple of lawyers. Most ME DUI attorneys will offer a free initial consultation.

If you have a prior DUI conviction in Maine, or in any other state, you should definitely not try to navigate the ME DUI court system or talk with a prosecutor without the advice of counsel.

A good Maine DUI lawyer will do many things at your initial consultation

    1. Give you a good and honest assessment of your case;
    2. Point out the strengths and weaknesses in the State’s case, and explain to you how those things might help or hurt your chances;
    3. Assess your goals, your needs, your career and your license to give you a picture of what is realistic, including best and worst scenarios;
    4. Provide you a quote of what their fees will costs, along with projected expenses, fines and other incidentals so that you can start to prepare yourself financially early on;
    5. A good Maine DUI attorney will take the time to listen to your concerns, and realize that while it is his or her job, it is your life. You should be treated like a human being, and not talked down to.

Most of all, the Maine DUI lawyer who is right for you and your case will intuitively feel that way to you. You may need to interview several attorneys before you find the right one. Realize that you don’t owe a lawyer that you meet with anything, and you are under no obligation to hire him or her unless the “feel” is right.

Maine Cities

Bal Harbor

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