The information contained in this section applies to the criminal court process that occurs following an arrest for OUI in the state of Maine. For more information regarding the civil administrative aspect of an OUI case, click on the Maine Driving tab.

ARRAIGNMENT - the first court appearance following your arrest is called the arraignment. You and your attorney will go before a judge who will formally read the charges that have been filed against you. You will be asked to enter a plea. All OUIs will be arraigned in the District Court. If a plea of guilty is entered, a sentence will be imposed. If a plea of not guilty is entered, you will have 21 days to file a request for a jury trial and any pre-trial motions. Failure to file a jury trial request will result in the waiver of the right to a jury trial. Instead, a bench trial will occur (see below).

PRETRIAL HEARINGS - Prior to trial, a status hearing will take place where the defense attorney and District Attorney may go before the judge and keep him updated on the progression of your case. Issues with discovery and scheduling may be dealt with. A pretrial conference may take place wherein your attorney may attempt to negotiate a plea.

MOTION HEARINGS - if motions are filed within 21 days of the date of the not guilty plea, then a hearing will be held to resolve the issues raised in the motions. The most common motion in an OUI case is a motion to suppress evidence, such as chemical test results. If the judge determines that the evidence and testimony presented in the hearing warrants suppression of the evidence, then the chemical test results will be inadmissible in your trial.

TRIAL - If a request for a jury trial was timely made, then your trial will take place before a judge who will instruct a jury panel on how to resolve issues of fact in your case. If there was a waiver of the right to a jury trial, a bench trial will take place instead. In bench trials, a judge will preside over the case and act as both judge and jury, determining issues of law as well as issues of fact. Following the trial, a verdict will be returned. If the defendant is found guilty, the case will proceed to sentencing. If the defendant is found not guilty, then all charges will be dropped and the case will be dismissed.

APPEAL - Following a guilty virdict in an OUI trial in Maine, the defendant may appeal to higher courts for review. Requests for appeals must be made timely, however, or the right to review will be considered "waived."