First-time OUI charges in Maine can be frightening, but you have options. Working with a skilled Portland ME DUI lawyer can help protect your rights and future. Understanding the possibility of jail time and exploring a Maine OUI plea bargain are crucial first steps in defending against these serious charges.
While standard cases typically don’t result in jail time, certain circumstances trigger mandatory minimum jail sentences. You’ll face 48 hours if your BAC is 0.15% or higher, if you were speeding 30+ mph over the limit, or had a passenger under 21. Refusing a chemical test (breath test or blood test) results in a mandatory 96-hour jail sentence.
For an OUI Maine first offense, standard penalties include a minimum fine of $500 plus surcharges, license suspension for 150 days, and mandatory completion of the Driver Education and Evaluation Program (DEEP).
Do You Lose Your License Immediately After a DUI in Maine?
Under Maine OUI laws, license suspension begins immediately upon arrest. The Bureau of Motor Vehicles (BMV) will administratively suspend your license for 150 days, separate from any court-ordered suspension. This administrative action happens quickly, often before your first court appearance, but you have the right to request an administrative hearing within 10 days of receiving the suspension notice. Your lawyer, assisted by a long-time paralegal, will file this appeal by the deadline and then will update you as your case unfolds.
How Long Does a DUI Stay on Your Record in Maine?
Maine OUI penalties include long-lasting consequences for your record. A first-time OUI conviction remains on your criminal record permanently and stays on your driving record for 10 years. This affects everything from employment opportunities to insurance rates. The 10-year lookback period means that if you receive another OUI conviction within 10 years, anywhere in the U.S., you’ll face enhanced penalties as a repeat offender.
How to Get Out of an OUI in Maine
A Maine OUI plea bargain might help minimize the impact on your life. Strategic defense options include:
- Challenging the traffic stop’s legality
- Questioning breathalyzer calibration and maintenance
- Examining officer conduct during field sobriety tests
- Negotiating alternative charges or reduced penalties
- Exploring treatment programs that courts view favorably
What Not to Do Or Say After Being Pulled Over by Police for OUI
Based on the most recent information, here are the most critical mistakes to avoid during an OUI case in Maine:
Speaking Too Much
Never try to talk your way out of an OUI stop. Any statements you make can provide evidence against you through slurred speech, rambling, or admissions about drinking. Remain polite but only provide basic information like your name and license.
Taking Field Sobriety Tests
You are not legally required to take field sobriety tests or breathalyzer tests. These tests typically provide prosecutors with substantial evidence to use against you, and your refusal cannot be held against you in court.
Handling Your Case Without an Attorney
Representing yourself in an OUI case is rarely advisable. The laws are complex, and prosecutors take these cases seriously. Without legal expertise, you risk facing harsher penalties and missing opportunities to challenge evidence.
Speaking With the District Attorney Directly
Never accept the district attorney’s initial offer without consulting an attorney. The first offer is typically unfavorable and designed to resolve the case quickly rather than serve your best interests.
Violating Bail Conditions
If released on bail, strictly follow all conditions, especially regarding alcohol consumption. Police do conduct random checks, and violations result in immediate jail time and additional criminal charges4.
Waiting Too Long to Preserve Evidence
Critical evidence like police cruiser videos and Intoxilyzer room footage must be preserved quickly. This evidence can be crucial for your defense, whether it helps or hurts your case. Don’t let these mistakes compromise your defense. Contact an experienced Maine OUI defense attorney immediately to protect your rights and explore all available defense options.
Your defense strategy should focus on both immediate concerns like avoiding jail time and long-term implications for your record and career.
Don’t let an OUI charge derail your future. Contact one of our experienced Maine OUI defense attorneys today – John Webb, Vincent LoConte, Nicole Richardson, or Bailey Lemieux – for a confidential consultation about your case. A skilled lawyer can help protect your rights and guide you through this challenging time. We cover Southern Maine including Saco and Portland. All of our attornies are local residents whuch helps while negotiating with the prosecution team.
Call attorney John Scott Webb at (207) 283-6400 and speak to a legal scholar with over 30 years of winning courtroom experience.