You may be facing time in jail, large fines, and a lengthy license suspension even for a first-offense, but an experienced OUI lawyer can often reduce these penalties.
The law recognizes that people make honest mistakes and, though the penalties are harsh, you will have a chance of escaping the worst of the consequences if your lawyer can demonstrate that you warrant it.
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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OUI plea bargaining in Maine
Few people who attempt to fight an OUI charge in Maine alone or with a public defender get too far. The laws are complex and technical, and most public defenders would rather settle cases out of court than go to trial.
Cases often hinge on the reasons that you were stopped in the first place, the precise actions of law enforcement officers, the timing of these actions, the accuracy of testing equipment, and other technicalities.
Drivers charged with OUI often have cases dismissed because of errors made in police procedure or evidence made inadmissible due to technicalities.
If your case does proceed, a plea bargain may be the best option. This is where your lawyer negotiates with the prosecution and arranges for you to plead guilty in exchange for a lesser charge than OUI.
The prosecution might agree to a plea bargain if is your first offense and there are doubts about evidence or procedural errors were made that violated your rights.
In Maine, a charge of “wet reckless” often replaces an OUI charge in a plea bargain situation. This is a reckless driving charge where alcohol is involved.
If the case proceeds as an OUI, you still have a chance of acquittal. Police officers often make errors when stopping drivers and administering field sobriety test procedures, blood tests and breath tests.
A good lawyer will examine all the evidence against you closely and work on building a robust defense to present in court. It is unwise to plead guilty to an OUI in Maine without first speaking to a lawyer.
Is jail time mandatory for an OUI in Maine?
An OUI charge needs to be taken seriously in Maine. OUI penalties are harsh and potentially life-altering, with potential consequences not only for your immediate freedoms and financial position but also for your future.
An OUI conviction could result in a lifelong criminal record, which is visible to potential employers, landlords, and other parties conducting background checks.
Whether an OUI conviction carries a mandatory jail sentence primarily depends on several factors:
- Whether you submitted to a chemical test (breath, blood, or urine)
- your BAC, if a chemical test was administered
- whether you refused chemical testing and
- whether you have been convicted of an OUI prior to the current offense in the previous 10 years.
The jail time penalties for each OUI offense are as follows:
- First OUI offense, Chemical Test less than .15 BAC – No mandatory jail
- BAC greater than .15 – Mandatory Minimum 48 hours jail
- OUI with a refusal to submit to chemical testing – 96 hours jail
- Second OUI offense – 7 days jail
- Second-time offense with a refusal to submit to chemical testing – 12 days jail
- Third OUI offense – 30 days jail
- Third-time Offense with a refusal to submit to chemical testing – 40 days jail
- Fourth OUI offense – 6 months jail
- Fourth-time offense with a refusal to submit to chemical testing – 6 months and 20 days jail
When considering prior offenses, Maine has a “look-back” period of ten years.
In addition to jail time, substantial fines and license suspensions apply as follows:
- First OUI offense – $500 minimum fine and a minimum 150-day license suspension
- First-time offense with a refusal – $600 minimum fine, minimum 150 day court-imposed suspension, minimum 275 day administrative suspension
- Second OUI offense – $700 fine and a mandatory three-year suspension
- Second-time offense with a refusal– minimum $900 fine and a mandatory court-imposed three-year suspension, and an 18-month administrative suspension
- Third OUI offense – minimum $1,100 fine and a mandatory six-year court-imposed suspension
- Third-time offense with a refusal – minimum $1,400 fine, a mandatory six-year court-imposed suspension
- Fourth OUI offense – minimum $2,100 fine and a mandatory eight-year suspension
- Fourth-time offense with a refusal – minimum $2,500 fine, and a mandatory eight-year suspension
As you can see, the penalties for an OUI conviction in Maine are complex and technical. A seasoned OUI attorney is a vital resource in navigating you through this process.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
What happens if you refuse a chemical test in Maine?
If you refuse to take a chemical test when requested by law enforcement, your license will be immediately suspended.
This is an administrative suspension from the Maine Bureau of Motor Vehicles with no court action necessary – which is why it can happen immediately.
Maine has an “implied consent” law, meaning that you are legally required to take a breath, blood or urine test if there is probable cause and you are requested to do so by an appropriate authority.
Even if the charge of OUI is later dropped, you may still have to serve a lengthy license suspension, as follows:
- First offense – 275-day suspension
- Second offense – 18-month suspension
- Third offense – four-year suspension
Even if you refuse to take a chemical test, you can still be convicted of OUI from a police officer’s testimony.
Your refusal to take a test will then be considered an aggravating factor by the judge and may impact the severity of your penalties.
Can out-of-state licenses be suspended in Maine?
With out-of-state license holders who are prosecuted under Maine law, driving privileges cannot be suspended for anywhere but the state of Maine.
However, if the BMV in Maine issues you with a Notice of Suspension, it will also be sent to your home state and you can face a local suspension, according to the policies of your state’s Department of Motor Vehicles.
It is possible that your state only issues a suspension if you were found guilty of an OUI in another state – not for simply refusing a test.
If you are particularly unfortunate, you may be hit with a double suspension – one from Maine and then a new one that starts again when you return to your state.
Contact Our OUI Defense Lawyers in Maine
No matter how much evidence has been gathered and how overwhelming it appears, don’t plead guilty to an OUI in Maine.
The concept of “reasonable doubt” is very real in many OUI cases – and it may only require a proficient lawyer to introduce this doubt in your case.
Even if you end up being convicted, your lawyer can reduce the negative consequences for you.
OUI lawyers with specialized expertise in the state’s drunk-driving laws and trial experience know how to prevent one mistake on the roads from impacting your life excessively.
If you need help defending an OUI charge, call the Maine Criminal Defense Group at 207-571-8146 for a free 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.
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