You can be arrested for an OUI in Maine if one of two conditions apply:
- You are under the influence of alcohol with a blood alcohol concentration of .08% (.08 grams of alcohol per 100 ml of blood or 210 L of breath) or greater.
- You are under the influence of an intoxicant (any natural or artificial chemical substance that, when taken into the human body, can impair the ability of the person to safely operate a motor vehicle.)
If police suspect that you are driving under the influence of either drugs or alcohol or both, you will be arrested on suspicion of OUI. If you have a passenger in the car at the time of your arrest that is under the age of 21, you will face additional penalties. You will need an experienced OUI defense attorney.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
Table of Contents
Endangering the welfare of a child while drinking and driving in Maine
Of the children killed in drunk driving accidents in one year, nearly 70% of them were passengers in the car of a driver who was under the influence of alcohol. Alcohol impairs a driver’s reasoning and concentration, making them less likely to ensure a child is properly restrained and diminishing their ability to stay focused on the road.
Because driving under the influence of alcohol puts a child’s safety at significant risk, it is considered a form of child abuse. Those who violate this law could suffer from severe penalties.
If you are accused of DUI in Maine and a minor is present in the car, you could also be charged with child endangerment. Not only does a child endangerment conviction likely mean more penalties, it can also cause you problems in the future in child custody cases.
Penalties for an OUI with Child Endangerment in Maine
Maine law states that if a driver is charged with drunk driving, any passenger under 21 in the vehicle at the time of being charged will be considered a minor, and this will likely result in endangering a child charge as well.
According to the Maine Revised Statutes §2411 (2003), there are certain offenses which require a minimum of jail time. These include driving with a BAC of 0.15% or higher, exceeding the speed limit by 30 mph or more, attempting to evade the police officer, or having a passenger under the age of 21 in the vehicle. If you are charged with an OUI crime in Portland, Maine or any other location in the state, these criminal cases will be processed in a courthouse with the proper jurisdiction.
A first or second OUI charge in a 10-year period is generally a Class D offense. Once you have had 2 or more OUI convictions within 10 years, all new charges would be Class C felony offenses. The penalties include:
- First or Second Offense: These are Class D offenses, with penalties of minimum fines of $600 for a first offense and $700 for a second. The fine will increase if a chemical sobriety test was refused. You will also face a license suspension of 90 days for a first offense and 3 years for a second offense. In addition, you will be sentenced to at least 48 hours of jail time for a first OUI offense if a passenger under 21 was present. A second offense will also land you 7 days in jail and alcohol or drug treatment.
- Third or More Offense: These are Class C offenses. Penalties can include $1,100 in fines for a third offense and $2,100 for any subsequent offenses. You will also face a minimum 30 days, and potentially up to five years in jail, as well as 8 years of license suspension. Class C OUI offenses require mandatory enrollment in drug or alcohol treatment, and individuals with four or more prior OUI convictions must install an ignition interlock system.
On top of these penalties, you will receive an additional 275 days of license suspension if you are arrested for OUI and there is a minor under 21 in your vehicle.
Contact our OUI Lawyers in Maine
Depending on the seriousness of the offense, the minimum amount of time an offender facing child endangerment charges will have to spend in jail is 48 hours. Refusing to submit to a field sobriety test or a breath and blood test will likely result in a $600 fine. However, if the offender submits to alcohol testing, the fine is reduced to $500.
There will be an immediate court-ordered driver’s license suspension for 90 days, but this will increase if there was a child in the car. If you have more questions regarding this offense, please do not hesitate to get in touch with our office.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
Blog Articles
January 11th, 2025, in Skowhegan, Maine, a Maine Department of Transportation plow truck sustained a head-on collision caused by a drunk driver on Route 2, as reported by law enforcement.[...]
The tragic events of a fatal car crash in 2023 that claimed the lives of four young people have finally reached a pivotal legal outcome. Noelle Tavares, a former Maine[...]
In most states, there are many different places that the average person can take a driving course to satisfy court requirements as related to an DUI conviction. However, in the[...]
Defending against OUI offenses in Southern Maine Anyone charged with a 2nd OUI in Maine should expect little leniency from the criminal justice system. This makes it even more important[...]
Defending against OUI Refusals in Southern Maine Did you know that it is a criminal offense to refuse to submit to a chemical test if lawfully requested to do so[...]
Reducing an OUI charge in Maine OUI charges are handled severely in Maine. For many people, a drunk-driving charge is their first time dealing with the criminal justice system and,[...]
Alcohol laws of Maine While you should be aware of the strict OUI laws in Maine, it’s also important to know about other ways you can face a traffic infraction[...]
Defending against OUI offenses in Southern Maine A first OUI in Maine can potentially have long-term consequences, but with the right legal representation, alleged offenders can escape the harshest penalties.[...]
If you blow under .08 in a DUI breath test in Maine, it may be jumping the gun to breathe a huge sigh of relief. You may not be “free[...]
Last Updated: February 18, 2025 Between 11 and 15 million Americans visit Canada each year but you’re unlikely to contribute to those numbers in the future if you have an[...]
