OUI laws in Scarborough, 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.
January 11th, 2025, in Skowhegan, Maine, a Maine Department of Transportation plow truck sustained a head-on collision caused by a drunk driver on Route 2, as reported by law enforcement.[...]
The tragic events of a fatal car crash in 2023 that claimed the lives of four young people have finally reached a pivotal legal outcome. Noelle Tavares, a former Maine[...]
In most states, there are many different places that the average person can take a driving course to satisfy court requirements as related to an DUI conviction. However, in the[...]
Defending against OUI offenses in Southern Maine Anyone charged with a 2nd OUI in Maine should expect little leniency from the criminal justice system. This makes it even more important[...]
Defending against OUI Refusals in Southern Maine Did you know that it is a criminal offense to refuse to submit to a chemical test if lawfully requested to do so[...]
Reducing an OUI charge in Maine OUI charges are handled severely in Maine. For many people, a drunk-driving charge is their first time dealing with the criminal justice system and,[...]
Alcohol laws of Maine While you should be aware of the strict OUI laws in Maine, it’s also important to know about other ways you can face a traffic infraction[...]
Defending against OUI offenses in Southern Maine A first OUI in Maine can potentially have long-term consequences, but with the right legal representation, alleged offenders can escape the harshest penalties.[...]
If you blow under .08 in a DUI breath test in Maine, it may be jumping the gun to breathe a huge sigh of relief. You may not be “free[...]
Last Updated: February 18, 2025 Between 11 and 15 million Americans visit Canada each year but you’re unlikely to contribute to those numbers in the future if you have an[...]
| 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:
Scarborough 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 Scarborough 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 Scarborough 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 & OUI lawyers, serving Southern Maine, today.
19 Commercial St
Portland, ME 04101
Phone: (207) 602-1675
Monday through Friday 9AM – 5PM
Contact one of our experienced Scarborough OUI defense 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
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 Scarborough, 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 Scarborough 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 Scarborough, 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 Scarborough 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 Scarborough, 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.
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.
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors; therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.
We are a boutique law firm, and we stand out by prioritizing our clients’ well-being. At The Maine Legal Group, our experienced team offers personalized attention in both criminal defense and divorce cases.
The Maine Criminal Defense Group adeptly handles all areas of criminal defense practice, including experienced and skilled legal representation for state and federal charges.
The Maine Divorce Group empowers individuals skillfully navigating divorce with compassionate guidance, ensuring a brighter future through the challenges of the process.
