Understanding OUI Laws and Penalties in Maine

Drunk Driving arrests in Maine are not only expensive, but are complicated and may affect you for the rest of your life, from a revoked driver’s license to a permanent record. Specializing in Maine DUI and OUI cases, Nichols & Webb help clients minimize the effects of Drunk Driving arrests.

Maine Drunk Driving Laws Drunk Driving Laws in Maine include legal limits of BAC (blood alcohol content) by sobriety tests (and their refusal) like Intoxylizers (Breathalyzers). The BAC threshold in Maine is 0.08% and can be enough to convict without further evidence. Although the results of a test may generate proof that can lead to an OUI conviction, the refusal to take an alcohol test may be used as an admission of guilt.

Penalties for an OUI in Maine OUI charges include two separate proceedings: an administrative license suspension proceeding with the Bureau of Motor Vehicles, who will mail a Notice of Suspension shortly after the incident; and a criminal court case with potential fines and jail time. But due process affords the right to fight both.

The consequences of a DUI / DWI conviction may include fines, imprisonment, alcohol education classes, installation of an ignition interlock system, and the suspension/revocation of a driver’s license, but the penalty of a conviction will depend on the number of previous offenses and if there were any aggravating or mitigating factors. However, a dismissal is possible with the right OUI attorney.

Aggravating circumstances include a BAC of 0.15% or more, speeding or attempting to elude the police, and a passenger under the age of 21. Any of these will result in a mandatory 48-hour jail sentence (plus an additional 275-day license suspension imposed by the court or Secretary of

State if transporting a passenger under the age of 21), but the refusal to take an alcohol test carries a $600 fine, a mandatory jail sentence of 96 hour, and a 90-day license suspension.

Minimum Penalties Refusal of an Alcohol Test: Offense

Suspension

Fine

Jail Time

1st

275 days

$600

96 hours

2nd

2 years

$600

12 days

3rd

4 years

$1,400

40 days

4th

6 years

$2,500

6 months & 20 days

Refusal of an alcohol test results in at least

275 days of the loss of license to be served

consecutively with any suspension imposed for an OUI conviction.

With and Without Aggravated Circumstances: Offense 1st

without

Suspension

Fine

Jail Time

aggravating 150 days

$500

0

aggravating 150 days

$500

48 hours

factors 1st

with

factors 2nd

3 years

$700

7 days

3rd

6 years

$1,100

30 days

4th or more

8 years

$2,100

6 months

Treatment for drug and alcohol abuse is at the judge’s discretion.

A second conviction within ten years prohibits the offender from obtaining a work-restricted license (installation of an ignition interlock system) or from registering a vehicle.

The fourth offense and beyond is automatically considered a felony offense that carries up to five years of imprisonment, 2 years of probation, and six years of license and registration suspension.

(Early reinstatement of your license and registration is not possible, and reinstatement if only possible with the installation of an ignition interlock system for four years.)

If the driver operating under the influence causes serious bodily injury or death, or has a prior conviction for felony OUI or OUI homicide, it is considered a strict liability felony, which carries up to a $5,000 fine, five years of imprisonment, two years of probation, and six years of license and registration suspension.

Zero Tolerance Law (DUI Under 21) Maine has a Zero Tolerance Law for drivers under the age of 21. It is an automatic OUI charge if any amount of alcohol (even a BAC of less than 0.08%) is found while a driver under the age of 21 operates or attempts to operate a motor vehicle. The driver’s license will be suspended for a minimum of one year, and 180 days will be added to the suspension if there were any passengers under the age of 21 in the vehicle. The refusal to take an alcohol test will result in the loss of license for 18 months.

Why Hire an OUI Attorney Most assume that an alcohol test result is conclusive evidence of guilt, however that is not true.

The lawyers at Nichols & Webb have resolved many cases with alcohol test results of 0.08% or higher with dismissals, reduced charges, deferred dispositions, and not guilty verdicts.

That is why it is important to hire an experienced OUI attorney from Nichols & Webb who is also certified as an Intoxilyzer Operator, is a qualified expert witness to testify about the operation of the Intoxilyzer, and teaches other attorneys the defense of OUI cases.

For More Information Please Visit: http://www.nicholswebb.com/resources/maine-oui-penalties/