Anyone charged with a second OUI in Maine should expect little leniency from the criminal justice system.
This makes it even more important to challenge the charges and avoid a conviction. Educating yourself about what constitutes a second OUI in Maine and the potential penalties for the offense is the first step.
Here’s what you need to know.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
Table of Contents
What is considered a 2nd OUI in Maine?
OUI charges can be filed against anyone suspected of operating a motor vehicle while:
- Under the influence of alcohol or a controlled substance, including drugs or prescription medications.
- Having an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath (the legal limit).
A second-time OUI offense is committed when an individual either has a DUI conviction or a DUI-related offense within Maine or any other U.S. state within the last 10 years. This includes refusals to take a chemical test.
The prior OUI essentially “aggravates” the pending charge, making the second charge even more serious than the first.
What are the penalties for a 2nd OUI in Maine?
For a second OUI offense, the penalties become more severe. These penalties can come in the form of higher fines, a longer driver suspension, and mandatory jail time.
With first-time OUIs, there is a recognition that people make honest mistakes. Often, an experienced OUI lawyer can plead a case for leniency if the case cannot be dismissed.
A second OUI, however, indicates to the authorities a pattern of errant behavior from an individual who has not been deterred. The Maine criminal justice system views this extremely dimly, with the prosecutor far less likely to negotiate.
Here’s a summary of the potential mandatory penalties you could face for a second OUI in Maine:
- A mandatory fine of $700 (plus fees and surcharges)
- A mandatory license suspension of three years ordered by the court
- A mandatory jail sentence of seven days
- A court-ordered suspension of the person’s right to register a motor vehicle
A second OUI charge (if nobody was injured in the OUI incident) is considered a Class D misdemeanor. In some cases, the mandatory seven-day jail sentence can be served in the Second Offender Alternative Sentencing Program with community service for a week supervised by the county jail.
If an injury is caused by a driver found to be operating the vehicle while intoxicated, penalties escalate significantly, possibly including several years in prison and revocation of the driver’s license for life.
Penalties for third and fourth OUI offenses are even more serious than those for a second OUI conviction.
What are the penalties for a second chemical test refusal in Maine?
In Maine, the “implied consent” law means that refusing to submit to a chemical test is also a criminal offense. Provided the request is from an authorized law enforcement official with probable cause, offenders can face harsher penalties than with a straightforward OUI.
The chemical test can be a breath, blood, or urine test. Second-time refusal offenses attract the following penalties:
- A mandatory jail sentence of 12 days
- A mandatory minimum fine of $900 fine
- A mandatory court-imposed three-year driving suspension, plus an 18-month administrative suspension from the Maine Bureau of Motor Vehicles (BMV)
The administrative license suspension begins immediately upon refusal to take a chemical test.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
How does a second OUI impact drivers in Maine?
With a second OUI, the BMV can suspend your driver’s license simply from a police report—no court processes are required.
However, you can request an administrative hearing at the BMV to challenge the suspension. This is generally advisable as it will at least postpone the license suspension until after the hearing.
At the administrative hearing, an OUI attorney can plead your case and, if successful, the administrative suspension will be withdrawn. However, you could still face a court-ordered license suspension of three years for a conviction for a second offense OUI.
A suspension for a second OUI will not include a right to a work-restricted license. However, under certain circumstances, you may be able to drive before the end of the three-year suspension period.
Notably, after serving nine months of the suspension, drivers can often drive with an Ignition Interlock Device (IID) fitted in their vehicles. This is an in-vehicle breathalyzer device that will only allow the engine to start if the driver registers a zero reading.
The Maine DEEP program
Maine’s DEEP program is a weekend-long substance abuse evaluation program, which all OUI offenders must attend before being eligible to join the ignition interlock device program or having their license reinstated.
For second-time OUI offenders, the DEEP office will evaluate the offender and may recommend additional one-on-one substance abuse counseling.
What if you’re charged with a 2nd OUI but live outside Maine?
For non-Maine residents who are charged with a second offense OUI while on vacation or working in Maine, the same penalties apply as for Maine residents.
The defense offered by an OUI lawyer is also likely to be the same, but non-residents are less likely to be able to attend court in person. Even if the individual does not attend the arraignment, attendance would be mandatory at a trial.
When it comes to license suspensions for non-residents of Maine, the BMV will suspend the license but the home state may not apply any suspension until notified by the BMV of a suspension or an OUI conviction. In most cases, to escape a suspension, fighting the BMV suspension and pursuing a case dismissal or not-guilty verdict is recommended.
How can an OUI lawyer in Maine help you?
Appointing an experienced OUI lawyer with intimate knowledge of the OUI laws and judicial system in Maine, and who is persuasive toward prosecutors and judges, can prevent the severe consequences of a second OUI.
Your defense may be constructed around any of the following:
- No reasonable suspicion to stop you
- No probable cause to breathalyze you
- Improperly executed sobriety tests
- No certification for the police officer to use the breathalyzer
- Improper calibration of the breathalyzer
- Improperly executed breathalyzer or blood test
For second OUI charges, an experienced OUI lawyer will also investigate the prior conviction to see if there are any constitutional issues with it. Your lawyer may also call on expert witnesses to support your case or recommend that you enroll in alcohol or substance abuse treatment to improve your legal position.
For experienced legal help with any OUI charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
Blog Posts
Any criminal charge for a drug-related offense is a serious matter in Maine,but how consequential the outcomes can get may depend on whether the charge is filed at the state[...]
Search and seizure rules are enshrined in the U.S. Constitution and are intended to discourage the government (and law enforcement officials) from overstepping their powers and invading people’s privacy. They[...]
Updated April 20th, 2023 When most people think of “drug crimes,” they automatically assume the worst types of drugs. Heroin. Cocaine. LSD. But the word “drugs” also includes lots of[...]
Maine Habitual Offender Revocation Laws Updated for 2022 You probably know that if the Maine Bureau of Motor Vehicles (BMV) sends you a notice that says you’re classified as a[...]
The State of Maine takes drunk driving and drugged driving (OUI) very seriously. Based on statistical and anecdotal evidence, there are many reasons to believe that driving under the influence[...]
In this post, we will survey Maine’s laws on the possession and trafficking of “scheduled drugs,” and then discuss the classification and possible punishments for drug related crimes. Drug crimes[...]
When people hear the term “drug trafficking,” they tend to think of organized crime. Many Hollywood films feature stories of drug cartels, or mafia drug trafficking involving millions of dollars[...]
A recent traffic stop in Maine bears a sharp resemblance to a traffic stop that the Supreme Court of the United States had decided was a violation of the Fourth[...]
One of the most polarized and confusing aspects of the American criminal justice system today has to do with marijuana. In the past 20 years alone, 28 states in the[...]
While policy decisions from the White House have been vague or difficult to follow, the new statement on the enforcement of federal drug laws is pretty clear: The Department of[...]
