FAQs

If you were arrested for an OUI or DUI in Maine, you need to contact an attorney. Write down all of the facts about the night you were arrested while it is still fresh in your mind. Sometimes the smallest detail you provide to our office can be the key to your legal defense. Don’t delay in contacting our office to speak with an OUI attorney. 

Maine is a state of implied consent, which means that anyone with a driver’s license is legally obligated to take an alcohol breath test if the police officer suspects you of driving under the influence. While you cannot physically be forced to take the test, you can be charged with OUI Refusal, which may have penalties higher than just an OUI. Of course, it is your choice whether to submit to a breathalyzer test. Whether you are charged with an OUI or OUI Refusal, you will need the services of an experienced attorney.

The answer to this question depends on several factors, including whether you have any prior OUI or DUI offenses on your record; whether you submitted or refused an alcohol breath test; and, if there were any other factors present in your situation. In many cases, a first offense doesn’t require jail time. However, it is important that you contact our office as soon as possible to discuss the specifics of your case so our DUI attorney can help you avoid potential jail time.

If you are convicted of a first offense drunk driving charge in Maine, your driver’s license will be suspended for 150 days. A second DUI conviction results in a driver’s license suspension for three years while subsequent offenses mean the loss of your driver’s license for six years. The court will review your criminal record for OUI offenses within the ten years prior to your current OUI charge. The installation of an Ignition Interlock Device (IID) can reduce your license suspension.

You need to cooperate with the police officer if you are stopped after consuming alcohol. You will be asked for your driver’s license, proof of car insurance, and vehicle registration. The officer will ask you questions, but you do not have to answer them — you should remain respectful when you refuse to answer questions without an attorney present. In most cases, if the police officer is going to arrest you on an OUI or DUI charge, answering his questions would not have changed his mind. In all likelihood, answering the questions may give the officer additional evidence for probable cause.

A first offense OUI may result in more serious consequences if aggravating factors are present. These factors include criminal speeding while under the influence; blood alcohol content of 0.15 or higher; attempting to avoid a police officer; and driving with someone under the age of 21 while intoxicated or impaired. Criminal speeding means you exceeded the speed limit by at least 30 miles per hour.

Many OUI offenses do not go to trial. Instead, they are resolved with a plea bargain between the defendant’s attorney and the prosecuting attorney. If a defense attorney is well-prepared and presents a strong defense on your behalf, you may be able to avoid the time and expense of a trial. However, don’t accept a plea bargain without consulting with a Maine OUI attorney first. Your rights may have been violated or you may have a valid legal defense to the charge. The prosecutor will not explain this to you — the prosecutor’s job is to obtain a guilty plea or guilty verdict.

It is always advisable to hire an attorney if you have been charged with a crime in Maine. If you are guilty, a Maine defense attorney can help negotiate your case so that you receive the lightest sentence possible. If you are not guilty of the crime you have been charged with, a criminal defense lawyer can mount a solid defense in your case.