OUI laws in Kittery, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving.
If you’ve been charged with Operating Under the Influence (OUI) in Kittery, Maine, the stakes are high. A conviction can lead to steep fines, license suspension, increased insurance rates, and even jail time. Maine has strict OUI laws, and prosecutors aggressively pursue these cases, making it critical to have a strong legal defense from the start.
At The Maine Criminal Defense Group, our skilled OUI defense lawyers in Kittery understand the complexities of Maine’s impaired driving laws and the nuances of local courts. We fight to challenge evidence, question the legality of the traffic stop, and explore every possible defense strategy to protect your rights and your future.
If you are facing OUI charges in Kittery, don’t navigate the legal system alone. Contact The Maine Criminal Defense Group today to discuss your case and begin building a strong defense.
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.
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Under Maine’s OUI laws, it is illegal to operate a vehicle while under the influence of alcohol or any other intoxicating substance. Most drivers are aware that the legal limit for Blood Alcohol Concentration (BAC) is 0.08%, but what many don’t realize is that you can still be arrested and charged with OUI in Kittery even if your BAC is below this threshold.
Law enforcement officers have broad discretion when making OUI arrests. If an officer believes that alcohol, drugs, or a combination of substances have impaired your ability to drive safely—even if you are under the legal limit—you can still face OUI charges. You may be required to submit to field sobriety tests or chemical tests, and refusing these tests can lead to additional penalties under Maine’s implied consent laws.
A conviction for Operating Under the Influence in Maine can lead to severe penalties, including license suspension, fines, increased insurance rates, and potential jail time. Understanding the consequences of an OUI charge is critical to building a strong defense. If you’ve been arrested for OUI in Kittery, contact The Maine Criminal Defense Group today to protect your rights and explore your legal options.
| 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 |
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:
Kittery 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 Kittery 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 to OUI laws in Maine 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 Kittery 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. An OUI 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 & OUI lawyers, serving Southern Maine, today.
119 Main Street
Kennebunk, ME 04043
Phone: (207) 602-1675
HOURS OF OPERATION
Monday through Friday 9AM – 5PM
Contact one of our experienced Kittery OUI/DUI defense attorneys to help you avoid much of the aforementioned pain and headache that comes with getting arrested for drinking and driving.
515 Elm Street
Biddeford, ME 04005
Phone: (207) 283-6000
Monday through Friday 8AM – 4PM
If you get pulled over, arrested, and charged for operating under the influence (OUI) in Kittery, then your case will go before the York District Court, in York, Maine. Please see our page on the York District Court for more details.
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.
Being charged with Operating Under the Influence (OUI) in Kittery, Maine can be overwhelming, but an arrest does not guarantee a conviction. There are multiple legal strategies to challenge the evidence, weaken the prosecution’s case, and fight for a dismissal or reduction of charges.
One of the most critical elements of an OUI case is the evidence from field sobriety tests, breath tests, or blood tests. However, these tests are not always accurate or reliable.
We will investigate:
If we uncover flaws in the testing process, we can weaken the prosecution’s case and potentially get the charges reduced or dismissed.
Even if your Blood Alcohol Concentration (BAC) was recorded above the legal limit, it does not always mean you were impaired. Common defenses include:
Police officers must follow strict guidelines when conducting OUI stops and arrests. If they violate your rights or fail to adhere to protocol, your charges could be dismissed. Your defense lawyer will examine:
Maine’s implied consent law requires drivers to submit to a chemical test when lawfully arrested for OUI. However, if officers failed to properly inform you of your rights and the consequences of refusal, your license suspension or charges could be contested.
To legally stop and arrest a driver for OUI, police must have reasonable suspicion or probable cause. If an officer stopped you without a valid reason—such as an illegal checkpoint, profiling, or a simple hunch—your attorney may argue that the entire case should be dismissed.
If you have been charged with Operating Under the Influence (OUI) in Kittery, Maine, you may feel overwhelmed by the legal process ahead. The consequences of an OUI conviction—jail time, hefty fines, and a suspended driver’s license—can be severe. However, being charged does not mean you are automatically guilty. The prosecution must prove beyond a reasonable doubt that you were impaired or over the legal limit, and an experienced Kittery OUI defense lawyer can challenge their case at every stage.
At The Maine Criminal Defense Group, we guide clients through the OUI court process in Kittery, ensuring they understand their legal options and building the strongest possible defense.
The first step in the OUI legal process is arraignment, which typically occurs within a few weeks of your arrest. During this court appearance:
Pleading not guilty allows your defense lawyer to challenge the evidence and negotiate for a potential dismissal or reduced charge.
Approximately six weeks after the arraignment, a dispositional conference is held. This meeting includes:
A strong defense strategy can increase the chances of securing a favorable plea deal or even a dismissal before trial.
Following the dispositional conference, your defense lawyer may file motions to suppress evidence or request additional discovery. This process includes:
Motion hearings usually occur around two weeks after the dispositional conference and can significantly impact the strength of the prosecution’s case.
If key evidence is thrown out, the prosecution’s case may become weak or unprosecutable, leading to a potential dismissal.
If your case is not resolved through negotiations or a plea deal, it moves to trial. Before the trial begins:
A fair and unbiased jury is critical to ensuring you receive a just trial.
If your case reaches trial, expect:
Most OUI trials in Kittery last one to two days, but pre-trial motions may still be filed beforehand to decide which evidence can be presented in court.
A well-prepared defense can create reasonable doubt, increasing the likelihood of an acquittal or reduced sentence.
Contact our office to speak with
one of our team members who will set up a confidential consultation to discuss your case.
Great group of people. Managed to get me a favorable outcome from a very bad situation. I would highly recommend this firm if you have legal troubles. Top notch performance!!
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 or an OUI/DUI offense 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.
In-office consultations are done by appointment only. Contact us today to schedule yours.
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