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Freeport Maine OUI Defense Attorneys

OUI laws in Freeport, Maine are severe, and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving.

Freeport Maine OUI Defense Attorneys
Facing Operating Under the Influence (OUI) charges in Freeport, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense.
 
At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Freeport bring tenacity and a deep understanding of Maine’s OUI laws. We navigate the complexities of the Freeport court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction.

Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.

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Common Concerns About OUI Charges In Freeport, Maine

OUI Articles

Freeport, Maine

Under Maine OUI laws, it is illegal to operate a vehicle under the influence of alcohol or other intoxicants while driving in Freeport, Maine. Most drivers are aware of this and understand that the legal limit is .08 percent Blood Alcohol Concentration (BAC).

However, it is important to note that you can still be arrested and charged with OUI even if you are within the legal limit. If a law enforcement officer suspects that you are operating a vehicle in an impaired way, you will be arrested and required to undergo certain tests.

In Freeport, first and second OUI offenses are generally charged as Class D misdemeanors. However, subsequent offenses may be elevated to a class C felony.

If you plead guilty to OUI or are found guilty by a judge in Cumberland County, you will face both criminal penalties from the court and administrative penalties from the Bureau of Motor Vehicles (BMV) in Maine.

OUI Penalties in Freeport, Maine

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.

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

First OUI Penalties

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:

  • $500 fine
  • 150-day driver’s license suspension
  • Misdemeanor on your permanent record

Freeport 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.

BMV OUI Penalties

The BMV in Freeport 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

Second OUI Penalties

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:

  1. Seven days of mandatory minimum jail time.
  2. A mandatory minimum fine of $700.
  3. A three-year license suspension and loss of the right to register a motor vehicle.

If you refused a chemical test, the penalties become more severe:

  1. A mandatory minimum jail sentence of twelve days.
  2. A mandatory minimum fine of $900.

To learn more about the penalties for subsequent OUI charges in Maine, please review our comprehensive guide or contact us directly.

Underage OUI Penalties

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:

  • 150-day suspension
  • Driver Alcohol Education (DEEP Program)
  • Reinstatement fees

Read More → Underage OUI Charges in Maine

Implied Consent Penalties in Freeport, Maine

You are breaking the law if you refuse a breath, blood or urine test if you are suspected of OUI in Freeport 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 OUI & criminal defense attorneys today.

Law Firm Location in Portland, Maine

Office Address

19 Commercial St
Portland, ME 04101
Phone: (207) 602-1675

HOURS OF OPERATION

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.

Location of Courthouse in West Bath, Maine

COURTHOUSE ADDRESS

101 New Meadows Road
West Bath, ME 04530
Phone: (207) 442-0200

HOURS OF OPERATION

Monday through Friday 8AM – 4PM

If you get charged with operating under the influence (OUI) in Freeport, your case will be handled in the West Bath District Court, in West Bath, Maine.

Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.

What Is the Court Process for an OUI in Freeport, Maine?

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.

  1. Arraignment: During arraignment in Freeport, Maine, the defendant appears before a judge, hears the charges, and enters a plea. This crucial step sets the stage for subsequent legal proceedings in the case.
  2. Dispositional conference: About six weeks after arraignment, the defense, prosecution and sometimes the judge meet to discuss whether a negotiated resolution is possible.
  3. Motion hearing: The defense in OUI cases often files motions to suppress evidence or for additional discovery. This must happen no later than the day after the dispositional conference and will be heard around two weeks after the dispositional conference.
  4. Jury Selection: if the OUI case proceeds to trial, jury selection in Freeport generally happens on a Monday a few weeks after the motion hearing date.
  5. Trial: The trial is usually scheduled for around two weeks after jury selection. Before then, more motions may be filed to decide on the evidence that the jury will see. The OUI trial process normally takes around one or two days in Freeport.

OUI DEFENSES IN FREEPORT, MAINE

An experienced OUI defense attorney can help you navigate through the complexities of an OUI case as very few of these cases are straightforward. With the assistance of a knowledgeable attorney, pretrial negotiations can be initiated to convince the prosecutor to dismiss the charges.

In the event that the case proceeds to trial, different defense strategies can be employed depending on the specific circumstances of your case. For example:

  • Lack of Witness Credibility: lack of witness credibility can be used as a defense if the officers or witnesses involved in your case provide inconsistent testimony or reports.
  • No probable Cause for Arrest: Similarly, if the arresting officer lacked probable cause to arrest you and compel you to take the breathalyzer or blood test, it can weaken the prosecution’s case against you.
  • Unreliable Field Sobriety Tests: Unreliable field sobriety tests administered incorrectly by poorly trained officers can be used as a defense, as can any technical issues or malfunctions with the breath test equipment.
  • Chemical Blood Test Issues: Finally, strict procedures must be followed with blood tests, and any deviation from these can result in contamination and the evidence being dismissed.

Contact Our OUI Defense Lawyers in Freeport, Maine

In Freeport, Maine, confronting an OUI charge may feel overwhelming, but you don’t have to face it in alone. Our steadfast OUI defense team is ready to safeguard your rights, scrutinize evidence, and strive for the optimal resolution in your case.
 
Backed by a history of successful outcomes, we are dedicated to offering you seasoned legal advice and steadfast assistance through this demanding period. Should you have inquiries about navigating an OUI charge in Freeport, Maine, reach out to The Maine Criminal Defense Group at (207) 571-8146.
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