Southern Maine Criminal Lawyer Blog
By: Portland Maine OUI Attorney Vincent LoConte, DUI defense lawyer with Webb Law Maine Law Firm, where free legal advice in Maine criminal cases occurs daily from our two law offices in Maine
Maine DUI arrests. Maine OUI laws for drunk driving or drugged driving are very tough criminal charges. Maine sees fewer OUI arrests in winter due to less traffic at night.
Who needs to know this information about a ME OUI? Anyone who operates a motor vehicle (boat, car, truck, motorcycle, jet ski, SUV, 18-wheeler) is subject to Maine OUI laws. Our Maine DUI attorneys take phone calls all night, and on weekends to help those facing DUI offenses.
By the end of this article, the reader will be fully aware why those arrested for OUI charges in Maine typically seek an OUI lawyer near me. Having a lawyer is important, either by hiring one or getting a public defender.
What if I have an OUI in Maine with out of state license? If convicted, every OUI ticket Maine will be reported to your home state. Generally, all other states honor any suspension of your driving privileges on criminal convictions.
Luckily, 8 of every 10 OUI arrests in Maine will be a first offense, and about 13% of the remaining arrests are for a Maine OUI second offense. Thus, felony OUI cases in Maine are rare. In addition, over 90% of Maine OUI cases are for being under the influence of alcohol, not drugs.
Without question, a first offence DUI will be the OUI case more likely to obtain a reduction or diversion, in general. Yet, our lawyers obtain favorable Maine OUI plea deals on repeat offense cases, too.
Watch our free lawyer video that explains implied consent in a Maine DUI case.
OUI Laws in Maine: OUI Meaning
First, let’s get past the O.U.I. acronym. This abbreviation is much like DUI (for driving under the influence), but in Maine, Massachusetts and Rhode Island, state laws call the crime “operating under the influence.” So, any DUI attorney in our state is commonly called an OUI attorney.
Dozens of acronyms for Drunk Driving exist in the United States. Many states have unique driving while intoxicated statutory abbreviations. Wyoming uses DWUI, An Oregon DUI is called DUII, and Ohio uses OVI. Four states, IN, MI, IA and WI, use OWI as their acronym.
Read the Maine OUI statute. Notice that certain aggravating factors boost punishment, but only if convicted of that enhanced type of crime. No matter if you are charged with a felony OUI or a misdemeanor O.U.I., our legal team can assist you find your best-case outcome.
Maine OUI: Misdemeanor or Felony Charges? This link takes you to information on When Is OUI a Felony in Maine.
Your Post-Arrest OUI Paperwork Likely Tells You That You Are Suspended
If for no other reason than protecting your driving privileges, you should call our office immediately after arrest. Maine OUI law has one of the shortest timeframes (10 days) after arrest to appeal an administrative license suspension, under the Maine Implied Consent Law. Dial us now: 207-283-6400.
OUI Portland First Offense OUI Maine Cases
Our aggressive and knowledgeable legal team is made up of four Maine OUI lawyers. If you need legal counsel from an OUI lawyer Portland Maine, the courts in that area are near the author’s home.
On a first offense, what is the penalty for OUI in Maine? The lowest level of criminal OUI Maine (a first offense DUI) can send you to jail for up to 364 days, put you on probation for up to one (1) year, and require payment of a fine of up to $2,000. In addition, that person’s full driver’s license may not be returned for up to thirty-six months.
Repeat offenders in the Pine Tree State have a much more daunting path ahead of them, but only if convicted. By obtaining an immediate law office free consultation with one of our Webb Law Maine attorneys, the issue of administrative suspension of your right to drive will be discussed by one of our Portland OUI lawyers.
The Criminal Law Court Penalties, if Convicted
Maine OUI laws first offense. If this is your first OUI offense in any state, and you have not refused a test in Maine in the last ten (10) years, the mandatory minimum license suspension penalty is for one-hundred fifty (150) days license suspension and a $500 fine.
After a first OUI offense, you can seek reinstatement of your license after 30 days if you install and pay for a DUI interlock on the vehicle you drive for one-hundred twenty (120) days. You will have to find a state-approved service center to perform the interlock installation near me.
On any second OUI in Maine case, this reasonably quick availability of driving privileges (that can help save a person’s job) is no longer available. No Maine work restricted license will be available until time has passed and certain conditions of the sentence are completed.
After a 1st offense OUI, this will allow you to obtain a Maine OUI work-restricted license. Absent this IID installation, however, the initial one hundred (100) days of the driver’s total license suspension will be without a work license.
The Maine BMV OUI penalties: Administrative license suspension for either refusal to submit to a post-arrest forensic test (breath alcohol or blood alcohol), or for taking the State’s test and registering over the legal limit. The BMV operates out of the Maine Secretary of State’s office.
What If an Out-of-State Driver Is Arrested for a Maine OUI?
Maine reports all suspensions and all convictions to an out-of-state driver’s home state, and to Canadian provinces. Some home states will suspend a license for the BMV suspension (example: Massachusetts honors Maine BMV suspensions, even though Massachusetts is not a member of the Interstate License Compact.)
All states will suspend for a Maine conviction. The length of a suspension based upon a conviction will depend upon the driver’s record in the home state. Canadian provinces will suspend for either BMV suspensions or convictions.
Our Maine OUI Attorneys Near Me in Southern Maine
The best thing about a no-cost initial interview is that you can ask important questions and learn about our firm’s legal fees payment plans. Take time to call Webb Law Maine and speak to an OUI attorney in Portland if your case is pending in that court system.
Our Portland Office number is 207-835-7008, and the Saco Office number is 207-283-6400. By the way, few (if any) Portland Maine law firms have 3 criminal law attorneys available for your defense!
Our Law office founder, John Webb, is widely regarded as the best OUI lawyer in Maine. He lives closer to the Saco, Maine office, and he covers a great number of intoxicated driving cases near the New Hampshire border. But the veteran criminal defense lawyer also will act as a client’s Augusta Maine OUI attorney.
Criminal justice attorney John Webb and his two skilled criminal defense attorneys nearby in southern Maine focus our legal services on OUI criminal defense. Super Lawyer best criminal attorney John Webb, and Portland ME OUI attorneys Vincent LoConte, and Nicole Williamson are trained to assert all of your legal rights and raise all viable drunk driving defenses.