OUI laws in South Portland, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense attorneys today.
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| No. of Offense (Last 10 Years) | License Suspension | Jail Time | Minimum Fine |
|---|---|---|---|
| 1st Offense | 150 Days | 0 – 96 Hours | $500 |
| 2nd Offense | 3 Years | 7 Days | $700 |
| 3rd Offense | 6 Years | 30 Days | $1,100 |
| 4th Offense | 8 Years | 6 Months | $2,100 |
Most, if not all, South Portland PD cruisers are equipped with video camera systems.  Video footage of a DUI arrest can prove extremely helpful to a skilled DUI defense attorney.  Make sure your attorney understands the proper procedures and channels for obtaining the cruiser video footage.
Failure to follow certain guidelines may result in the loss of that video when you need it most… for the defense of your case.  In addition, South Portland Police Department’s booking and Intoxilyzer areas are wired for video and sound.
The same principals concerning the preservation of cruiser video evidence applies here as well. If you have been arrested and charged for DUI, contact our highly skilled and respected South Portland DUI attorney today.
The vast majority of DUI arrests are brought to the Cumberland County Jail for breath testing and processing. Â The Cumberland County Jail is located at 50 County Way in Portland. Â County Way can only be accessed in one direction from Congress Street and is located near the intersection of St. John Street.
If you’re brought to the jail for processing, you’ll have to post some amount of cash bail; typically anywhere from $300.00 – $750.00.  If you can’t post the bail, you’ll be held at the jail until you can be brought before the court where a judge will set your bail.
Under Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this, and many also understand that the legal limit is .08 percent Blood Alcohol Concentration (BAC).
In Maine, you can be arrested and charged with an OUI even if you are within the legal limit. If a law enforcement officer suspects you of operating a vehicle in an impaired way, you will be arrested and asked to submit to certain tests.
Review the potential penalties for operating under the influence charges in Maine.
A “first offense” means that you do not have any prior OUI convictions in any state within the preceding 10 years.
Maine imposes the following set of mandatory minimum criminal penalties for a first offense OUI conviction:
South Portland judges frequently exceed these minimum penalties and hand down harsher punishments. It’s important to bear in mind that even for a first conviction, Maine OUI laws allow for a maximum penalty of 364 days in jail.
Penalties for second and subsequent OUI offenses carry harsher minimum and maximum penalties.
The BMV in South Portland doesn’t wait for a conviction before suspending your driver’s license.
If you fail a breathalyzer test with a BAC of .08 percent or higher, the BMV will suspend your driver’s license. This is an automatic suspension unless you contest it by requesting an administrative hearing (in writing) within 10 days of the notice of suspension date.
An OUI lawyer from The Maine Criminal Defense Group can file for and represent you at the hearing, which can be especially beneficial if you live out of state or are busy working.
If you are unsuccessful at your BMV hearing and are later convicted in court, any criminal driving suspension runs concurrently with the BMV one. You serve the suspension only once.
Read More → Refusing a Breathalyzer or Chemical Test when Pulled Over for an OUI in Maine
For a second OUI offense in Maine, it’s considered a Class D crime with potential penalties. The maximum jail term is 364 days, and fines can reach up to $2,000. Mandatory minimum penalties include:
If you refused a chemical test, the penalties become more severe:
To learn more about the penalties for subsequent OUI charges in Maine, please review our comprehensive guide or contact us directly.
For drivers under the age of 21 (the legal drinking limit in Maine), Zero Tolerance laws apply for OUI.
Your license will be suspended by the BMV for any amount of alcohol and, for a first-time OUI, you will face the following criminal penalties:
Read More → Underage OUI Charges in Maine
You are breaking the law if you refuse a breath, blood or urine test if you are suspected of OUI in South Portland and requested to submit a chemical sample.
This is known as the “implied consent” law, meaning that drivers in Maine must submit to a BAC test or breathalyzer when requested by a qualified law enforcement officer. Refusal will lead to an automatic suspension of your driving privileges for 275 days.
For drivers under the age of 21, a refusal means an automatic suspension of driving privileges for 18 months.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense attorneys today.
19 Commercial St
Portland, ME 04101
Phone: (207) 602-1675
Monday through Friday 9AM – 5PM
Contact one of our experienced OUI defense attorneys in Portland, Maine to help you avoid much of the aforementioned pain and headache that comes with getting arrested for drinking and driving.
205 Newbury Street
Portland, ME 04101
Phone: (207) 822-4200
Monday through Friday 8AM – 4PM
The Maine district courthouse resides in a large, bulky, white stone building. Driving directions can be found using the following Google Maps directions, and are also available on the court’s website.
Importantly, make sure that you go to the correct courthouse. The Federal District Court for Southern Maine is located directly across Pearl Street from the Maine District Court. The Federal District Court is for federal cases – many people mistakenly go to the federal courthouse when they actually have a state case.
Your OUI charge is a state charge, so will be handled in the Maine District Court, not the Federal District Court.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense attorneys today.
Facing the potential repercussions of an OUI conviction, including jail time and fines, underscores the importance of having a knowledgeable attorney guide you through every phase of the investigation.
The Maine Criminal Defense Group specializes in offering advice on the intricate facets of the OUI court process in Maine, emphasizing the pivotal question of whether the prosecutor can establish your guilt beyond a reasonable doubt.
Follow along as we navigate the OUI court process, unraveling each step to gain an understanding of how everything unfolds.
Contact our office to speak with
one of our team members who will set up a confidential consultation to discuss your case.
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So thankful I chose this team to represent me. They’re the best, hands down. Nathan Hitchcock proved my innocence not once but TWICE, including a trial by jury. I have a family in law enforcement who told me “Bill Bly and his team are the best. If I would recommend anyone, it would be them.”
If you are facing criminal charges in Maine, the attorneys at The Maine Criminal Defense Group are here to help. Call our office to speak with one of our team members, who will discuss your case with you and set up a consultation with one of our attorneys.
"Bill Bly did an excellent job of listening and addressing our concerns. He answered all of our questions in a timely manner and got results. I highly recommend his services!"
— John H.
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