OUI laws in 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 & OUI lawyers, serving Southern Maine, today.
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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 |
A “first OUI 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:
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.
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.
The BMV in 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 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
A third Operating Under the Influence (OUI) conviction in Maine elevates the offense to a Class C felony, carrying significantly harsher penalties that can profoundly impact your life. Maine’s legal system takes repeat OUI offenses seriously, as they pose risks to public safety, and the penalties reflect this strict stance. If convicted of a third OUI, you face mandatory penalties, including:
In addition to these penalties, repeat offenders are required to complete a state-approved drug or alcohol treatment program, designed to address the underlying substance abuse issues contributing to their offenses.
You are breaking the law if you refuse a breath, blood or urine test if you are suspected of OUI in 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. A breath test 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.
Monday through Friday 9AM – 5PM
Contact one of our experienced Portland OUI attorneys 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
If you get charged with operating under the influence (OUI) in Portland, Maine, your case will be handled in the Portland Unified Criminal Docket, in Portland, Maine.
The Maine district courthouse resides in a large, bulky, white stone building. Driving directions can be found on the court’s website.
Your OUI charge is a state charge and 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 & OUI lawyers, serving Southern Maine, today.
Being charged with Operating Under the Influence (OUI) in Portland, 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.
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.
If you have been charged with Operating Under the Influence (OUI) in Portland, 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 Portland 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 Portland, 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 Portland 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.
In Maine, you can not get an OUI expunged.
An OUI conviction in Maine creates a permanent record on both your driving and criminal history, and the impact extends far beyond this lasting mark.
The only possible way to address an OUI conviction on your record is by seeking executive clemency from the Governor. However, this option is exceedingly rare for OUI offenses and involves a rigorous, time-consuming application process. Even if clemency is granted, it does not fully expunge the conviction. The offense may still appear on certain background checks.
Facing an OUI charge in Portland, ME comes with a range of legal consequences that can affect many aspects of your life and it’s crucial to understand these regulations to protect your rights and avoid losing your driving privileges.
If you’re facing an OUI (Operating Under the Influence) charge in Portland, Maine, choosing the right defense lawyer can make a major difference in the outcome of your case. It’s not just about finding legal representation—it’s about hiring someone with the right experience, local knowledge, and courtroom skill to protect your future. Attorney William T. Bly of The Maine Criminal Defense Group offers key insight into what you should look for when hiring a Portland OUI lawyer.
Maine’s OUI laws are strict and often technical. You need a lawyer who focuses specifically on defending OUI and DUI charges, understands the legal landscape, and has a proven record of success. Attorney Bly has handled countless OUI cases throughout Portland and greater Cumberland County. His science-based approach—especially when it comes to challenging field sobriety tests, breathalyzers, and blood alcohol evidence—gives clients a strategic edge.
Every courthouse operates a little differently. A local attorney with experience in the Portland District Court and surrounding Cumberland County courts understands the procedures, personnel, and nuances that can influence the direction of your case. William T. Bly has been practicing in Portland for years and has built strong professional relationships with area judges and prosecutors.
You deserve an attorney who takes the time to listen, answer your questions, and guide you through the legal process. At The Maine Criminal Defense Group, Attorney Bly prioritizes clear communication and custom-tailored defense strategies—whether that means negotiating for a reduced charge or preparing to take your case to trial.
Legal fees can vary, so it’s important to understand your options. Attorney Bly offers transparent, upfront pricing with available payment plans to make high-quality defense more accessible. Many clients also take advantage of a low-cost initial consultation to get started.
Avoid lawyers who make promises they can’t guarantee. Attorney Bly is known throughout Portland and the state of Maine for his ethical approach, honest case assessments, and dedication to protecting clients’ rights. His reputation in the legal community reflects a commitment to professionalism and client advocacy.
In Portland, 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.
If you’re searching for a skilled DUI lawyer near you, our team is here to help. 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 Portland, Maine, reach out to The Maine Criminal Defense Group by phone or directly online for expert help to get your life back.
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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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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