Most often, the single greatest concern a potential client asks about is will I go to jail if I am facing a DUI? This is very understandable. A charge of OUI in Maine can happen to anyone, and no one wants to go to jail. If someone with no criminal record is facing an OUI for the first time, it makes sense that they would be concerned about the potential penalties from being convicted of a crime.
The answer to the question (will I go to jail if I am facing a DUI?) depends on several factors, including:
- The number of prior DUI offenses on your record
- Whether a chemical test, such as a breathalyzer, was refused
- Whether any aggravating factors were present, such as a high test
Number of Prior OUI Offenses on your Record
- First Offense
- Non-Aggravated- No jail time
- Aggravated- 48 hours mandatory minimum jail time
- Second Offense
- 7 days mandatory minimum jail time
- Third Offense
- 30 days mandatory minimum jail time
Refusing a Breathalyzer Test
While by itself refusing an alcohol breath test will not trigger jail time, it will make any potential mandatory minimum jail sentences longer.
- First Offense with Refusal- 96 hours mandatory minimum jail time
- Second Offense with Refusal- 12 days mandatory minimum jail time
- Third Offense with Refusal- 40 days mandatory minimum jail time
Presence of Aggravating Factors
This category lists the factors that could aggravate a first offense OUI to include more serious penalties:
- A tested Blood Alcohol Content (BAC) of 0.15 grams or higher of alcohol per 100 milliliters of blood or 210 liters of breath
- The presence of Criminal Speeding while intoxicated (exceeding the speed limit by 30 miles per hour or more)
- If the driver attempted to elude an officer
- If there was a passenger in the car under 21 years of age
The best way to prevent or avert jail time in any criminal case is with the aggressive advocacy of an experienced criminal defense lawyer. If you or someone you know is charged with OUI in Maine, I encourage you to contact The Nielsen Group for your free legal consultation with an experienced criminal defense attorney. We will take the time to answer your questions and to put your mind at ease as we work with you to determine a defense strategy.
It is well worth your time to check out:
If you would like to call us now at (207) 571-8555, we can begin to develop your case strategy.
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