Maine has a strict perspective when it comes to drinking and driving. In 2018, Maine police made 7,538 arrests on suspicion of operating under the influence. If you have been accused of your first Maine OUI offense, you are facing a maximum penalty of $2,000 in fines and jail time up to one (1) year. First Maine OUI allegations are often the outcome of a traffic stop, sobriety checkpoint or accident. The State of Maine has an interest in keeping the roadways safe. Therefore, the State takes OUI matters very seriously. The District Attorney must prove your guilt based upon the evidence. Technology is often a component of an aggressive OUI defense strategy.

If you are charged with first Maine OUI Offense, you need a law firm committed to OUI defense. As an experienced Maine OUI Defense attorney, I have aggressively advocated for favorable results throughout Maine. At the free consultation, we will review all the details of your case. Every OUI case is just a bit different. While it may seem like the District Attorney holds all the cards, the truth of the matter is they do not. Together we will develop a smart and aggressive legal defense strategy. The way I believe in doing business is to treat each client’s case as an individual, and to not allow a one-time bad decision impact the rest of the client’s life.

If you choose my firm to represent you, we are going to make a stand to fight the charge. You make a stand to preserve your future. If you don’t make a stand, you risk a rush to plead guilty to the District Attorney’s charges, driving license suspension, penalties and potential jail time, as well as the repercussions a conviction will have on your family, ability to drive, or keep your existing profession.

RECENT FIRST MAINE OUI CASE VICTORIES
Smart Strategy & Aggressive Defense brings about results and victories
THE CHARGE	FACED	THE OUTCOME
OUI with a 0.14 BAC	$2000 Fine and 150 day suspension of Maine driver’s license	Case Dismissed
The FACTS – An OUI allegation with a blood alcohol level of 0.14. My client was pulled over for a minor traffic violation and admitted to having a few drinks earlier. [Read More]
We offer smart, effective defense strategies

Most likely you are trying to figure out the impacts this charge will have on your life, and how much time you might have to invest to defend yourself. Hopefully, this article will shed some light on some of your questions as you begin to experience the Maine criminal court system for the first time.

Often, those accused of their first Maine OUI offense wonder:

• What must I do immediately after my OUI arrest?
• What will happen at my first court appearance?
• Will my driver’s license go under suspension?
• How soon will I get my license back?
• Can I get a restricted license so I can drive to work?
• Will I go to jail for OUI?
• Could this affect a professional license?
• Will an OUI conviction cause a habitual offender strike on my driving record?
• What are the consequences if I drive under suspension?
• Was the alcohol breath test accurate?

Let’s take a moment to review what you can anticipate if you are accused of a first Maine OUI offense and what you can do to help in your defense:

1. What happens after the arrest for a first Maine OUI?
2. What does it mean to be a first Maine OUI Offense?
3. What are the impacts to my Maine driver’s license?
4. How can an OUI defense lawyer help?
5. What are the possible outcomes in a First Offense Maine OUI case?
6. What is the Court Process for a first Maine OUI offense?

If there were any questions that we do not answer on your first Maine OUI allegation in this article, please feel free to contact us.

A common scenario of how an arrest for a first Maine OUI occurs

Maine OUI’s law is complex. In order to help explain what is going to happen, we will use a fictional example of a first OUI arrest in Maine by reviewing the story of Ted, who is a fictional person. Ted is a bar tender in South Portland, Maine. Ted often closes the bar down in the small hours of the morning after everyone else has gone home. That night, the bar hosted a birthday party, and the party goers insisted that Ted “do shots” with them. Knowing he had to drive home, Ted limited his participation in the festivities. Also that night it started to snow, covering everything with a white blanket.

The snow was coming down hard as Ted drove home. Ted rounded a corner too quickly and lost control of his sedan. Ted’s car spun out and landed in a snowbank. Luckily, Ted was unhurt, and the sedan was undamaged. Unluckily, Ted’s sedan was stuck in the snow. Ted called for a tow truck. As Ted waited for the tow truck, a South Portland police cruiser arrived.

Ted and the officer have a short conversation as the officer exited the cruiser to get a closer look at the sedan. The officer started asking typical questions, like if Ted was hurt. No one was hurt. Was Ted driving the car when the car slid out? Ted admitted freely that he was driving when the car spun out. The officer mentioned the smell of alcohol on Ted’s breath and observed bloodshot and glossy eyes. The officer then asked Ted to perform some Standardized Field Sobriety Tests.

Ted was not dressed appropriately for the cold or the snow. He was wearing his sneakers on his feet, since that was what he wore at the bar as he was on his feet all night, and he had left his winter gloves at work. As a result, Ted was very cold and uncomfortable doing these tests.

After giving the standardized field sobriety tests, the officer told Ted that there was “probable cause” that he was impaired, and so Ted would be taken down to the station for a breathalyzer test. Ted was in shock when the alcohol breath test read 0.08, the legal limit. Ted did not feel impaired at all. After all, he was a bartender, He sees what “impaired” looks like every night.

Allegations of drinking and driving can put your future at risk. First Maine OUI convictions can:

• Get your driver’s license suspended
• Cost you a lot of time and money
• Be an permanent offense on your criminal record
• Get you fined or even sent to jail

It is important that you take swift action in order to retain an aggressive advocate who can help you navigate the Maine legal system and assure that there will be minimal impact to your future.  For more information, check out my article on how to save time and money when facing an OUI charge.

The truth is the sooner our legal team becomes involved in the intricate details of your case, the more time we will have to prepare the most effective defense. Effective action taken by a skilled Maine OUI defense lawyer as soon as the charges are filed can result in a lesser charge or in some instances an outright dismissal. Whether your Maine First OUI Offense is due to alcohol, drugs, or prescription pills, it is imperative that you contact a lawyer as quickly as possible after the arrest.

The Maine Law for a First Offense OUI Explained

Under 29-A M.R.S.A. Sec 2411 (Criminal OUI), the definition of Operating Under the Influence is:

1. You were Operating a Motor Vehicle
2. And at the time of operation you were under the influence of an intoxicant

In order to be charged and convicted of OUI, all of the points listed above of the crime need to be met. Addressing the first point, you need to be operating a motor vehicle. A “motor vehicle” can be a typical sedan, such as in Ted’s case, but it can also be a commercial motor vehicle, truck, van, motorcycle, or any other mode of transportation powered by a motor.

Operational Impairment

Often, an officer will pull over someone for suspected OUI based upon the observation of the way they are driving. If their driving is “all over the place,” then this could be within the possible signs of operational impairment.

In Ted’s case, even though the officer did not actually witness him driving his car into the snowbank, Ted admitted to the officer that he was operating the motor vehicle when it spun out and hit a snowbank. Because of this, the officer could have the reasonable articulable suspicion that Ted had been driving his sedan while impaired given the odor of alcohol emanating from his breath.

Legal “Intoxication”

In the second element, you need to be “impaired” by an intoxicant. “Intoxication” can be from alcohol, drugs, prescription pills, or a combination.

In the case of alcohol, if you are found to have a blood alcohol content of 0.08 or higher in Maine, you are considered to be legally “intoxicated.” The fact that Ted did not feel “drunk” when he was stopped does not affect this equation.

A key consideration is that the state of Maine uses an Implied Consent Law, which allows officers to request and administer either Breath or Blood test when the officer has cause to suspect the driver of the vehicle is impaired.

Penalties for a First Maine OUI Offense

It is important to understand that in Maine there are two courts for which you need to face – the criminal courts and the administrative BMV courts.  The criminal court penalties for First Offense OUI in Maine are the following penalties:

Penalties for a First Maine OUI Offense

	Mandatory Minimum	Maximum
Fine	$500 fine (plus fees and surcharges)	$2,000 fine (plus fees and surcharges)
Jail Time	none aggravating conditions: 2days	Up to 1 year
Driver’s License	Court ordered and BMV order suspension for 150 days.	Court ordered and BMV order suspension for 150 days.

• 48 hours jail time with the presence of certain aggravating factors, including:
  • A blood alcohol measurement of 0.15 grams or more of alcohol per 100 milliliters of blood or 201 liters of breath.
  • Criminal Speeding .
  • Eluding a law enforcement officer, or attempting to elude a law enforcement officer.
  • Drunk Driving with underage (under 21) passengers.

Once convicted of your first Maine OUI, you can expect your car insurance premiums to increase at least 93% for 5 years.

Is an OUI a misdemeanor in Maine?

Yes. For a first time charge of OUI, an OUI conviction is a Class D misdemeanor.  The misdemeanor does show up on an in depth background check.  The misdemeanor OUI conviction will prevent entering Canada.

Subsequent OUI convictions are more severe.

Refusal of a Chemical Test

During the investigation of a first drunk driving offense in Maine, the police will request that the driver submits to a chemical test. In the case of alcohol intoxication, the police officer will request a blood or breath test. In cases of drug intoxication, the police officer might request a urine test in addition to a DRE evaluation. If you refuse to take the chemical test, the officer will indicate a Refusal in the OUI charge, which would trigger harsher penalties automatically upon conviction. .

The penalties for a first refusal is the automatic suspension of your driver’s license for 275 days, which must be ran consecutively with the Court imposed suspension of 150 days (approx. 14 months). In addition, at Court, you will incur a $600 fine and be required to serve at least 96 hours jail time.

RECENT MAINE OUI CASE VICTORIES
Smart Strategy & Aggressive Defense brings about results and victories
THE CHARGE	FACED	THE OUTCOME
OUI with a 0.21 BAC	$2000 Fine and 150 day suspension of Maine driver’s license	Not Guilty after Trial
THE FACTS – A blood alcohol level of 0.21 was alleged after police arrested in the parking lot by a local grocery story. My client was by his car with an empty alcohol container within easy read of the driver and there was damage to his car. [Learn More…]
We offer smart, effective defense strategies

Maine Bureau of Motor Vehicles

The Maine Bureau of Motor Vehicles (BMV) can suspend your driver’s license on the basis of a police report alone for a period of 150 days. You have the opportunity for a BMV Administrative Hearing.

After your arrest, you would receive a notice in the mail from the BMV warning you that your license is about to go under suspension. You have only a short window of opportunity to act and request a BMV Administrative Hearing. Requesting a BMV Administrative Hearing has the effect of placing a stay (postponement) on your license suspension until after the BMV Administrative Hearing is held. If you did not request a BMV Administrative Hearing, the BMV will suspend your driver’s license. Requesting a BMV Administrative Hearing gives people extra precious time to arrange for alternative transportation while their license is suspended.

The BMV Administrative Hearing

At the BMV Administrative Hearing, your defense lawyer will present a case on your behalf, and the BMV Administrative Hearing itself presents an opportunity to obtain testimony from the arresting officer for use at future court proceedings. If you prevail at the BMV Administrative Hearing, your driver’s license will not go under suspension. Even if your license is not suspended by the BMV, you would still face a license suspension from the Court-imposed penalties if convicted of OUI.

For a first Maine OUI offense, the license suspension period is for 150 days, which boils down to five (5) months. The State of Maine offers an opportunity for relief from the suspension after 30 days with the installation of an Ignition Interlock Device (IID). A person becomes eligible for an IID after completing the following:

• Complete a DEEP Course, with proof of completion provided to the BMV
• Pay a $50.00 Reinstatement Fee to the BMV

The Ignition Interlock Device (IID)

An Ignition Interlock Device (IID) is an alcohol breath test machine that is connected to your car’s ignition. You breathe into the IID in order to get the car to start. If you have any amount of alcohol in your system, the IID would prevent your car’s ignition from starting.

After installing the IID, you can drive your car for the remainder of the 150-day suspension period. The benefit of an IID is that it allows you to get back on the road with a restricted license after only 30 days. The downside of an IID could be the out-of-pocket costs for rental, installation, maintenance, etc.

The State of Maine has additional penalties for those who attempt to tamper with or disengage the IID after it has been installed. For more information check out our indepth article on IIDs in Maine.

How an Maine OUI Defense Lawyer Can Help

Across the United States, far too many defendants, when faced with a criminal prosecution, remain unrepresented to handle their case. There is overwhelming statistical evidence that hiring your own dedicated legal counsel achieves lower incarceration rates, shorter sentences, and greater probabilities that a charge will be dropped or reduced. Often the cost of an Attorney is mistakenly perceived as a reason a person accused of first Maine OUI offense might consider not hiring a private Attorney. The question you should consider is; given the high risk to your freedom, livelihood, and future, isn’t the money you think you are saving today worth the risk of being worse off in the future?

As an experienced OUI criminal defense lawyer in Maine, I know how to defend clients against a First Maine OUI offense. As we work together, I make a point to know the ins and outs of your case. I have built a reputation of aggressively advocating with the district attorney and defending clients in court, all the way through to trial if needed.  Understanding your needs is the starting point of our legal strategy.  If you choose to hire The Nielsen Group, you are more than just another case to us. We put your interests first. Wouldn’t you agree that is most valuable?

Without a Lawyer, District Attorney Refuses to Negotiate a first Maine OUI Charge

Remember Ted? Not knowing what to do, Ted went to his Arraignment date alone to see if he could work things out with the District Attorney. Ted was surprised that the District Attorney was not interested in hearing anything he had to say. This is not uncommon. In most cases, if the defendant does not have a criminal defense lawyer, the District Attorney will simply state that their “best” offer is to plead guilty as charged and be sentenced to the mandatory minimum penalties of the first Maine OUI charge.

One action Ted can take quickly is to hire experienced legal representation. The OUI criminal defense lawyers at Nielsen Group are willing to help you through the court process and to help you achieve the best possible outcome. Attorney Chris A. Nielsen has taken additional education and training to help someone charged with an OUI in Maine. When OUI criminal defense lawyers examine any OUI cases, here are some of the questions that arise.

• Problems with the Stop – Did the officer have the requisite reasonable articulable suspicion to pull you over? Was the stop of your vehicle for a legitimate law enforcement reason? Did the officer have the requisite probable cause to get you to take an alcohol breath test or other chemical test? Where you stopped by the police at a sobriety checkpoint?
• Problems with the SFSTs – Did the officer inform you that the field sobriety test are not mandatory? Was the officer trained properly to execute the standardized field sobriety tests? Did the officer execute the tests in accordance with standardized procedures? Did the officer fail to ask about any potential health problems that would affect your performance on the SFSTs? Were you extremely tired or nervous when taking the field sobriety tests? How close to the road were the field sobriety tests performed? Was the test conducted in a well-lit area with a smooth, clean and flat surface? Did you perform the field sobriety tests with high heels on? Were you an appropriate candidate for the SFTS’s
• Problems with the Intoxilyzer Machine – Is the officer certified to use the Intoxilyzer? At the time of the arrest, was the Intoxilyzer machine calibrated properly and well maintained? Did the officer observe the proper wait period before breath testing? Did the machine read any error messages during testing? Was there a variation in the breath readings? When did you consume your last alcoholic drink prior to taking the breath test?
• Problems with a Blood Draw – Were proper procedures followed for the blood draw? Were proper procedures followed when the blood was tested? Were there issues with the blood draw sample or instruments? Was the sample properly preserved?
• Preserving Any Video Evidence from the Police Cruiser/ Intoxilyzer room – The single best piece of evidence in an OUI case, whether for the State or the defense, is the video from the police cruiser documenting the stop, or from the Intoxilyzer room at the police station.
• Contemplating Employing Expert Witnesses at Trial – Intoxilyzer, Police Procedure, and medical experts can be employed to testify at trial to challenge whether the machine, the test itself, and proper police procedure was applied. Since Ted blew a blood alcohol level of 0.08, which is right at the legal limit, he is also within the “margin of error” for the Intoxilyzer machine, which can be off by up to 0.01. When the Intoxilyzer evidence is on the fence, an expert can help clear through the fog to reveal the actual results.

Overall, there are proven strategies to defend Maine First OUI Offenses.

Possible Outcomes for First Offense OUI

Here are the possible outcomes for First Offense OUI in Maine:

Dismissal– A dismissal is when the State drops the charge outright. A dismissal is considered the best possible outcome in a criminal case.

Plead Guilty to lesser charge– In general, we recommend that you do not plead guilty unless under the advice of counsel. However, in some instances the criminal defense lawyer can negotiate a favorable plea arrangement with the District Attorney. One example of this type of agreement in an OUI case is for Ted to plead guilty to Driving to Endanger (DTE) instead of OUI. The license suspension time associated with a DTE conviction is far shorter than an OUI, and the DTE lacks the “drunk driving” stigma. In many instances, clients find this to be an acceptable resolution to their case.

Verdict at Trial– If the District Attorney is from an office with an official “no negotiation” policy for OUI cases, then your best option is to take the case to a trial, whether a trial in front of a Judge or Justice, or a trial in front of a Jury.

RECENT OUI CASE VICTORIES
Smart Strategy & Aggressive Defense brings about results and victories
THE CHARGE	FACED	THE OUTCOME
OUI with a 0.08 BAC	$2000 Fine and 150 day suspension of Maine driver’s license	Case Dismissed
THE FACTS – My client was pulled over for speeding. Through her contact with the police, she was discovered to be in possession of alcohol while she was under 21 years old. In addition, she provided a breath sample of .08. She was Summonsed for Possession of Alcohol by a Minor, which is a civil violation. After being stopped and Summonsed, she was allowed to return to her dormitory.… [Discover More…]
We offer smart, effective defense strategies

If the OUI conviction included the presence of aggravating factors, resulting in a jail sentence, this time in custody can be served in the “Alternative Sentencing Program” or ASP. ASP allows the person convicted of First Offense OUI to serve their jail sentence by performing supervised community service over a specific weekend, having a minimal impact on the person’s life and work. ASP attendees are presented with drunk driving awareness and prevention programming. Attendees must register in advance and pay the out-of-pocket fee in order to be able to do ASP. If the person fails to register and pay, then the person would have to serve their sentence at the county jail. ASP is only allowed if the Judge authorizes your participation in the program. It is not automatic.

How long does an OUI stay on your record in Maine?

Permanently.  In Maine, prior OUI convictions stay on your criminal record permanently.  These prior convictions can be counted if you are charged with another OUI/DUI offense.  In Maine, you cannot remove an OUI from your record.  There is not a way to get a pardon for an OUI conviction.  The conviction will show up on an in depth criminal background check.

Do misdemeanors go away in Maine?

No.  In Maine, misdemeanors stay on your criminal record.  The misdemeanor may be relevant and show up depending upon the depth of the background check.

Court Process for a First Maine OUI Offense

Here is the court process for First Offense OUI in Maine at the Unified Criminal Docket in Portland:

Arraignment

Assuming that Ted made the bail set by the Bail Commissioner, his first court date is an Arraignment. Usually, people facing a first offense OUI in Maine can make their set bail. When released on bail, Ted could face a number of bail conditions. In OUI cases, typical bail conditions include do not drive a motor vehicle unless properly licensed and no use or possession of alcohol. Since Ted is a bar tender, the bail condition of no use or possession of alcohol would prevent him from working as a bar tender.

At Arraignment, Ted will have the opportunity to answer to the charge in the form of Not Guilty after being read the charges by the Judge. If there were any objectionable bail conditions, such as the No Alcohol bail condition that would prevent Ted from working, then these issues can be addressed at Arraignment.

Had Ted not made his bail, then he would have sat in jail waiting to be brought in front of a Judge to be Arraigned, usually within 48 hours.

Dispositional Conference

A Dispositional Conference is when the District Attorney and Defense Counsel have an opportunity to meet to negotiate a resolution of the case without the necessity of a trial. If the evidence against Ted is faulty in some way, his Maine OUI criminal defense lawyer can present these facts to the District Attorney as a way to advocate for the most favorable resolution. If after reviewing any negotiated plea offers, and Ted does not wish to accept any of them, then the case would proceed to Pretrial Motion Hearings and a Jury Trial.

Pretrial Motion Hearings

After reviewing the discovery materials (police reports, etc.), the OUI criminal defense lawyer might identify grounds that certain evidence might have been obtained in violation of Ted’s constitutional rights. If this is the case, then the OUI criminal defense lawyer will file a Motion to Suppress (exclude) the questionable evidence. After filing the Motion to Suppress, a Suppression Hearing is held. After Hearing, the Justice rules on the Motion whether the evidence may be admissible at trial.

Jury Trial

At Trial, the District Attorney will use the written police report, witness statements, and chemical evidence to prove to the jury beyond a reasonable doubt that Ted was operating his motor vehicle while under the influence of alcohol. Ted’s Maine OUI defense lawyer will have the opportunity to cross-examine any testifying witnesses, including the arresting officer, and to examine the physical evidence relentlessly to assure the correct procedures were used. If necessary, Ted will use the testimony of an expert witness to examine the breathalyzer evidence. The outcome of a Trial is Ted will be found guilty or not guilty. While most first Maine OUI cases never reach this stage, going to trial and winning an OUI case is possible.

For More Information on a First Maine OUI Offense

If this article on a First Maine OUI Offense interests you, you might want to explore these related articles:

• How to save time and money when fighting drunk driving charges in Maine
• Maine First OUI Offense
• Drunk Driving Involving Drugs
• New Drunk Driving Law Takes Effect December 2013
• Questions to Ask your OUI Defense Lawyer
• Court Process for OUI Laws
• What Are the Maine OUI Laws?
• Standardized Field Sobriety Tests in Maine