Drunk Driving DUI Law

Maine drunk driving cases are referred to as OUI (operating under the influence), OWI (operating while intoxicated), or DUI (driving under the influence). However, regardless of what they are called, drinking and driving charges in Maine are serious, and require serious help.

Maine defines being under the influence as a person’s mental of physical facilities being impaired to the slightest degree as the result of consuming alcohol. Evidence of a particular alcohol level, or refusal to take the breath or blood test, is admissible to attempt to prove a driver as OUI, OWI or DUI.

An OUI, OWI or DUI arrest in Maine will trigger two cases. First, there is the court case, which can result in jail time, fines, mandatory alcohol education programs, license suspensions, ignition interlock devices being required, and more. The second case triggered by a drunk driving (OUI / OWI / DUI) arrest in Maine is the Bureau of Motor Vehicles case, where the BMV is seeking to suspend the person’s driver’s license.

When someone is arrested for an OUI, OWI or DUI in Maine, they will generally receive a Notice of Suspension from the Maine Bureau of Motor Vehicles in two to three weeks following the arrest.

You have only 10 DAYS TO APPEAL the BMV suspension of your license. Contact a skilled OUI lawyer right away to protect your driving privileges!

The punishment with both the court and BMV for a Maine OUI / OWI / DUI offense will vary, depending upon whether the arrest is for a first-offense, second-offense, third-offense, or fourth-offense drunk driving charge. There is a “washout” period for these cases, meaning that if a prior offense is more than ten years old, it will not count as a prior conviction for purposes of Maine’s OUI laws.

If there are aggravating circumstances such as a BAC above .15, a passenger under 21 years of age, exceeding the speed limit by 30 m.p.h. or more, or attempting to elude the police, there is a mandatory 48 hour jail sentence. If a person refuses to take a breath or blood test, the mandatory minimum sentence is 96 hours in jail, a $600 fine and a 90-day suspension. If the defendant is under the age of 21, the minimum suspension is one year. All fines have substantial penalty assessments that significantly increase the amount that must be paid. Some judges routinely exceed these minimum sentences.

A first offense OUI, with no aggravating circumstances, carries a mandatory minimum penalty of 90 days license suspension and a $500 fine. The first sixty days of that suspension are without a work-only license. The maximum penalties for a first offense OUI is 364 days in jail, a $2,000 fine, a 90-day suspension and one year of probation.

A second offense OUI carries a minimum seven-day jail sentence (twelve days for a refusal), a $700 fine ($900 for refusal) and an 18-month license suspension without a work-only license. If the defendent is under the age of 21, the mimum suspension is two years.

A third offense OUI carries a minimum thirty-day jail sentence (forty days for a refusal), a $1,100 fine ($1,400 for refusal) and a four-year license suspension without a work-only license. In addition, the judge can order drug or alcohol treatment at his or her discretion.

A fourth offense OUI or subsequent offense carries a minimum sentence of six months in jail (six months, twenty days for refusal), a $2,100 fine ($2,500 for refusal), and a six-year suspension. In addition, the judge can order drug or alcohol treatment at his or her discretion. The maximum sentence is five years in jail, a $5,000 fine, a six-year suspension and two years of probation.

If a person who is operating under the influence (OUI) causes serious bodily injury or death or has either a prior conviction for a felony OUI or OUI homicide, it is a strict liability felony. This offense carries a minimum sentence of six months in jail, a $2,100 fine ($2,500 for refusal) and a six-year suspension. In addition, the judge can order drug or alcohol treatment at his or her discretion. The maximum penalty is five years in jail, a $5,000 fine, a six-year suspension and two years of probation.

If the defendant had a passenger under the age of 21, there is an additional 275 day suspension in addition to the minimum jail, fine and suspension penalties described above. If the defendant is under the age of 21, there is an additional suspension of 180 days.

Not drinking and driving is always the best practice, but if you are need of a Maine DUI lawyer visit the Maine DUI Lawyers Directory.
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