Maine DUI / OUI Help

Maine is called the “Land of Remembered Vacations”, but if your holiday gets too hardcore and you get caught drinking and driving, you’ll have memories of Maine you’d rather forget. Maine’s tough DUI/OUI laws are launched to you as soon as you're charged, not convicted.

In Maine the terms DUI/OUI are interchangeable. They define driving or operating a vehicle under the influence is when a person is mentally or physically impaired to the “slightest degree” as a result of consuming alcohol or drugs resulting in a BAC of.08% blood alcohol content. Refusal to take a BAC test is admissible in court as an “implied expression of guilt”. 

Evidence of impairment, without a BAC, can also be offered as evidence by the subjective observations of a law enforcement officer, including any odor of alcohol, bloodshot or glassy eyes, unsteady balance, slurred speech, lack of coordination, or by any manner of unsafe driving or reckless or “attitude”.

As in most states, you’ll confront two gauntlets with a Maine DUI charge. One from the criminal courts, the other from the Secretary of State, Bureau of Motor Vehicles. Although the charges may look the same, they are treated somewhat differently. And some of the criminal and administrative penalties can run concurrently (at the same time).

First there is the court case which can result in jail time, fines, mandatory alcohol education and treatment, license suspension, installation of ignition interlock devices on your vehicle (at your expense). The other confrontation is with the Secretary of State via the Bureau of Motor Vehicles administrative hearing. Unlike criminal court, during the civil BMV hearings you will have to prove yourself innocent or the BMV will suspend your driver's license. Although some of the charges look the same, they are different, although BVM penalties will run concurrently (at the same time) as the court’s. But even if you are found not guilty in court, the Maine BMV can still take away your license.

When someone is arrested for a Maine DUI, they will generally receive a Notice of Suspension from the Maine Bureau of Motor Vehicles in two to three weeks following an arrest. You’ll have to make a timely request of only 10 days after the Notice of Suspension to appeal the BMV suspension of your license. This calls for a skilled Maine OUI lawyer right away to protect your driving privileges. If you snooze you loose your driver’s license.

The criminal and BMV punishments for a Maine DUI offense will vary, depending upon whether you have any prior drunk driving charges. There is a  “washout period” for Maine DUI cases, meaning that if a prior offense is more than 10 years old, it will not count as a prior conviction for purposes of Maine's DUI enhanced punishments.

If you haven’t been drinking or believe that you have ingested alcohol from a benign source such as alcohol based paint or solvents, mouthwash or prescription or over the counter drugs, be aware that it’s very possible to be arrested for a Maine DUI — even if you are not “legally drunk”.

Across the country DUI laws and evidentiary procedures are being challenged, while at the same time the laws are becoming more severe. To be certain that you have the correct and current knowledge contact a Maine DUI specialist. In any case, when you are stopped and arrested for suspicion of a DUI, request to see a Maine DUI attorney, the sooner the better.

– Info You Should Know –

Was I Stopped Legally?

You were probably stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
 
Not all reasons offered by officers are always legal. Check with a Maine DUI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties

Experienced and skilled legal counsel may be able to help mitigate you minimize your legal problems and penalties by maximizing your defenses.

Should I Have Talked to the Cop?

Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple" of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them as evidence at a later time.

And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until instructed by a Maine DUI lawyer. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, probably for many months.

I’m Simply Going To Plead Guilty, Why Do I Need A Maine DUI Lawyer?

DUI convictions and penalties can be long lasting and severe, both in court and with the BMV which regulates your driving privileges. These penalties and the numerous and complicated laws relating to motor vehicles and Maine DUI charges should be taken very seriously. A Maine DUI defense attorney will level the playing field between you and the prosecution, effectively present your side of the case while safeguarding your constitutional rights. It’s always best to consult a specialist for specialized needs.

When considering consulting a Maine DUI attorney, take into account the impact of a criminal conviction: possibly losing voting privileges, increased cost or cancellation of auto insurance, educational opportunities, inability to rent or own cars, restrictions on travel, loss of security clearance, job barriers, harm to professional credentials or certifications, and the loss of personal freedom. Don’t you think these rights, possessions, achievements and abilities and are worth protecting?

What’s A DUI Defense Attorney Going To Cost?

One of the biggest concerns for people charged with a DUI are attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skilled help from a Maine DUI attorney might save them thousands of dollars in the years to come. Can you put a price tag on your rights, your name and your freedom?

What Are Statutory Assessments?

Addition court costs, depending on the state penal or vehicle code violated.

What if I Am An Out Of State Driver?

Maine is a member of the Interstate State DUI Compact. A Maine DUI conviction notice will be sent from the BMV to your home state which will probably impose DUI penalties. Maine, as most states, considers an out-of-state conviction as a prior DU conviction.

What if I Refused To Take a BAC (blood alcohol content) Test?

A driver’s license or driving privileges can be suspended. To plead your case for saving your driving privilege a request to the Maine BMV for a hearing must be made within 10 after the refusal of a BAC test. If you snooze, you lose.

Can I Plea Bargain?

It is next to impossible to plea bargain a Maine DUI charge without an experienced DUI lawyer. Often effective Maine DUI counsel will be able to negotiate a plea to a lesser charge. While the plea bargaining is extremely advantageous to anyone accused of Maine DUI, one must remember that if the original charge was a DUI, a conviction will still count as a prior for calculating the mandatory minimums for an future offenses.

I’ve Heard of A Nolo Contendere Plea, What Is It?

In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DWI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.

In any case, without services of a veteran Maine DUI specialist, specialized pleas or plea bargaining is not possible.

What Is A 10 Year "Look-Back Period”?

If there are no Maine DUI priors or in convictions other states in the last 10 years (the look back period), a Maine DUI will be considered a 1st offense. The "look-back period’ is used to determine the extent to which a repeat offender should be punished. The sentencing court also has broad powers regarding whether to grant probation – but conditions of probation can be extremely restrictive. Moreover, monthly supervision fees are charged.

Convictions include any previous Maine administrative or criminal court DUI suspensions, for refusal to submit to a BAC test, or any DUI convictions in other states. There are also penalty enhancements due to aggravated circumstances.

In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program or have an ignition interlock device installed on your vehicle. A condition of parole may be that you not drink or congregate where any alcoholic beverages are served (excluding ball parks, concerts, restaurants).

Is Punishment by the Bureau of Motor Vehicles and the Criminal Courts Double Jeopardy?

Like most states Maine DUI law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to the protection of civil liberties. Maine’s Bureau of Motor Vehicles, within the office of the Department of the Secretary of State, administers driver’s licenses, imposes civil penalties, and also serves as the judge, jury and metes out punishment as well.

Can I Get  Restricted License?

A restricted license allows a driver to operate a vehicle to and from a job, treatment programs and certain emergencies.

The Secretary of State, via the BMV, may issue restricted licenses to 1st time Maine DUI offenders after the first 60 days of the suspension and completed a substance abuse program.  A restricted license carries the condition that there is no amount of alcohol in the system for 1 year for the1st offense and 10 years for the 2nd and subsequent offenses.

What if I Am An Out of State Driver?

Be advised that 45 states and the District of Columbia have an out of state Driver’s License Compact Agreement. This means that Maine OUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Maine OUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.

According to Maine's Bureau of Highway Safety the cost for a first OUI conviction is around $7,000 – assuming there was no accident in which bodily injury or property damage occurred.


1st OUI Offense
90 day mandatory license suspension.
$500 to $2000 in fines.
Up to 364 days in jail.
1st 60 days not eligible for restricted license.
1 year probation.
All OUI’s may carry attending alcohol and drug treatment, penalty assessments, court costs that make OUI’s expensive.

Refusal of BAC Test
Not eligible for restricted license when license is suspended for a refusal.
1st refusal:
4 days minimum in jail.
90 day suspension of license.
$600 fine.
2nd refusal:
12 days minimum in jail.
$900 fine.
3rd refusal:
40 day suspension of license.
$1400 fine.
4th refusal:
200 days minimum in jail.
$2500 fine.

2nd OUI Offense
7 days minimum in jail.
$700 fine.
18 month license suspension, not eligible for restricted license.
18 month suspension of your vehicle registration.

3rd Offense
A felony conviction.
30 days minimum to 5 years in jail.
$1100  to $5000 fine.
4 year license suspension and ineligible for restricted license.
2 years probation.
Substance abuse treatment may be required.
4 year suspension of your vehicle registration.

4th Offense
6 month minimum to 5 years in jail.
$1200  to $5000 fine.
6 year suspension of license.
6 year suspension of vehicle registration.
2 years probation.
Substance abuse treatment program

Aggravated Circumstances
Any aggravated circumstances may bring an additional 2 days in jail.
BAC over .15%
Adult transporting a minor (under 21) while DUI is an additional license suspension of 275 days.
Exceeding speed limit by 30 mph.
1 year minimum license suspension for attempt to elude police.

Any time you face multiple or ‘aggravated’ charges, or if death or injuries occur, the fallout for a Maine DUI will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and of loss of license for years, if not permanently. We cannot strongly enough recommend retaining an experienced Maine DUI attorney in order to secure the best possible outcome of a potentially very bad situation.

Underage Maine OUI
1st offense:
1 year license suspension for any amount of BAC alcohol.
Refusal of a BAC test, results in additional 6 months loss of license.
BAC of .08% or greater, adult sanctions prevail.
Additional suspension of 180 days imposed for transporting a passenger under 21.
2nd offense:
2 year minimum license suspension.
May not be able to register offender’s vehicle for the period of license suspension.
May have to attend substance abuse treatment program.
Subsequent offensives and/or with an underage passenger, additional 180 day suspension of license.

Operating Under the Influence of Drugs (OUID)
Anyone caught operating under the influence of controlled substances, prescription or over the counter drugs can face the same penalties for a ‘driving drunk’ Maine DUI. Authorities can identify drugs through BAC test and evidence of being impaired can also be field sobriety tests and the subjective opinion of police observations.


Maine BMV DUI Penalties

Driver’s license suspension penalties are the same as the courts and will run concurrently (at the same time).

275 day suspension up to 6 years driver’s license suspension for refusal of a BAC test.
You must request a hearing within 10 days of your suspension date from the BMV to try to salvage driving privileges.

Any BMV suspension will remain in effect, even if the person is acquitted of the criminal DUI charge.


Only skilled and licensed Maine DUI specialists should provide you with bonified legal advice. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with an accredited Maine DUI attorney. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and Maine DUI litigation takes experience. Please let us refer you to a seasoned Maine DWI professional.


Maine Revises Statutes
Title 29-A: MOTOR VEHICLES HEADING: PL 1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff)
Chapter 23: MAJOR OFFENSES - SUSPENSION AND REVOCATION HEADING: PL 1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff)
Subchapter 2: JUDICIAL ACTIONS HEADING: PL 1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff)
Article 1: Offenses HEADING: PL 1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff)
Section 2405 to 2412

Maine Department of Transportation
http://www.maine.gov/mdot/

Maine Bureau of Motor Vehicles
9 State House Station
Augusta, Maine 04333
207-624-9000
http://maine.gov/sos/bmv/

Chapter 23: MAJOR OFFENSES - SUSPENSION AND REVOCATION  §2401 - §2608