Southern Maine Criminal Lawyer BlogGetting charged with an OUI in Maine can be a frightening experience. Working with an experienced Portland ME DUI lawyer who understands how to negotiate a Maine OUI plea bargain can make the difference between a conviction and getting your charges reduced or dismissed. With proper legal representation and the right circumstances, it may be possible to avoid the most serious consequences of an OUI charge.
How to Get Out of an OUI in Maine
Successfully fighting an OUI charge requires understanding Maine’s complex OUI penalties and working with skilled legal counsel. First-time offenders face a minimum $500 fine and 150-day license suspension. More severe penalties apply when drivers refuse testing, with a minimum 96 hours of jail time. Those with a high BAC over .15 face at least 48 hours behind bars. Multiple offenses within 10 years or accidents resulting in injuries carry even harsher consequences.
The key to potentially beating an OUI charge lies in challenging evidence like field sobriety tests, breathalyzer results, and the legality of the traffic stop itself. An experienced attorney can identify procedural errors, equipment malfunctions, or constitutional rights violations that could lead to evidence suppression or case dismissal.
What Happens if You Get an OUI?
Understanding what is criminal OUI in Maine is essential for mounting an effective defense. An OUI occurs when operating any motor vehicle while having a blood alcohol content of 0.08% or higher, being under the influence of drugs, or being impaired by a combination of alcohol and drugs.
The process typically involves both criminal court proceedings and administrative action by the Bureau of Motor Vehicles (BMV). You’ll face an automatic license suspension, even before conviction, unless you request a hearing within 10 days of arrest.
How Long Does an OUI Stay On Your Record in Maine?
Is an OUI a felony in Maine? Most first-time OUIs are misdemeanors, but certain circumstances can elevate the charge to felony status:
- Three or more prior convictions within 10 years
- Causing serious bodily injury
- Prior felony OUI conviction
- Death resulting from OUI
OUI convictions remain on your criminal record permanently in Maine. There is no expungement option, making it crucial to fight the charges from the beginning. The state uses a 10-year lookback period for enhancing penalties on subsequent offenses.
Can You Get Out of an OUI in Maine?
A Maine OUI plea bargain may be possible, especially for first-time offenders. Common plea options include reducing charges to “driving to endanger,” agreeing to complete alcohol education programs, installing an ignition interlock device, or accepting community service requirements.
Success in fighting an OUI charge often depends on factors such as maintaining a clean prior record, having borderline BAC results, identifying procedural errors in testing, demonstrating cooperation with law enforcement, and presenting strong constitutional challenges.
Fighting an OUI charge in Maine requires quick action and experienced legal representation. The consequences of a conviction can impact your life for years to come, affecting employment, insurance rates, and personal freedom. Don’t face these charges alone – contact OUI defense attorney John Webb today to discuss your options and develop a strong defense strategy.
Call now for a free confidential consultation to protect your rights and explore your defense options.
Defense Strategies
A criminal defense attorney can examine every aspect of your case to build a strong defense. This includes challenging chemical test administration and accuracy, reviewing field sobriety test procedures, questioning police officer testimony, and identifying potential Fourth Amendment violations that could exclude evidence from court.
You must act quickly to protect your driving privileges by requesting a BMV Suspension Hearing within 10 days of the notice date. At this hearing, your attorney can challenge the evidence to prevent an automatic 150-day license suspension.
Potential Outcomes
For first-time offenders, it may be possible to reduce an OUI to a lesser charge like driving to endanger. This typically results in:
- A shorter license suspension of 30 days
- A fine below $1,000
- No jail time for first-time offenders
After resolution, you may qualify for license reinstatement after 30 days and could drive with restrictions for 120 days by installing an ignition interlock device.
Consequences Without Defense
Without proper legal representation, a first-offense OUI conviction in Maine carries serious penalties. The court can impose up to 364 days in jail and fines up to $2,000. You’ll face a mandatory minimum 150-day license suspension, which could extend up to 14 months. The minimum fine starts at $500.
The difference between facing these penalties and potentially avoiding them often comes down to having experienced legal representation. Attorney John Webb can challenge both the administrative and criminal aspects of your case, potentially leading to reduced charges or dismissal. Time is critical – the sooner you secure legal help, the better your chances of successfully fighting the OUI charge.