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Operating Under the Influence (OUI) in Maine
The state of Maine criminalizes drunk driving or driving while intoxicated. The crime in Maine however is called “Operating Under the Influence” (OUI) and incorporates both driving while intoxicated by alcohol and drugs. Maine law and Maine law enforcement agencies are very serious about punishing and enforcing the drunk driving laws. It is one of the most common crimes in Maine and carries very serious and long lasting consequences. Importantly, the criminal code establishes mandatory minimum penalties for each specific OUI offense conviction. Mandatory minimums are the least severe penalties a judge is allowed to impose for a conviction.
Punishments / Penalties if convicted of OUI in Maine:
1st Offense OUI: If it is a first time conviction for OUI, those accused face a mandatory minimum sentence of $500 fine and 150-day drivers license suspension.
2nd Offense (within 10 year period): If there is a prior conviction for OUI within a ten year period, the mandatory minimum sentence includes at least 7 days in jail, a $700 fine, and a 3-year drivers license suspension.
3rd Offense: If you have two prior convictions for OUI within ten years, the third offense will be charged as a class C felony crime. The conviction carries a mandatory sentence of at least 30 days jail and a fine of at least $1100 and a drivers license suspension of six years as well as a suspension of your right to register motor vehicles. (A class C felony includes maximum penalties of up to five years in jail and $5000 fine as well as probation for up to two years.)
Other Increased Mandatory Minimum Punishments / Penalties for certain OUI facts:
In some cases a person charged with Maine OUI will face increased or more severe punishments if convicted of certain types or OUI, or if certain facts are charged and proven. Some of the circumstances that lead to increased punishments include an OUI charge where:
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the driver had a blood alcohol level of over .15% (breath or blood test) This triggers automatic minimum two days jail time.
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the driver refused to provide a chemical sample (refused to take a breath Intoxilyzer or blood test) A refusal causes an additional an 275 day administrative (BMV see below) license suspension
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the driver was speeding over 30 mph over the posted speed limit, or
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the driver had a passenger in the vehicle who was under 21 years old.
Other penalties the court may not tell you about:
If you are convicted of OUI in Maine, you may be denied entry or prohibited from crossing the border into Canada. Your auto insurance rates will undoubtedly go up, and you may have trouble with background checks or getting security clearance for certain jobs. There is always a risk of employment consequences because OUI is related to substance use, and that can cause concerns for employers. Finally, if charged with an OUI, there are very serious driver’s license consequences and implications at play.
OUI License suspension issues: The BMV will try to suspend your license before court!
A major part of fighting an OUI case in Maine involves the administrative license suspension that the Maine DMV or BMV will bring against anyone charged with OUI. This usually happens well before your first court date when the Secretary of State's office will send a letter stating that the accused will be automatically suspended due to the fact that you were charged (not convicted) of OUI. That means that even if your case eventually gets dismissed in court, the BMV will suspend your license administratively if you do not act quickly and fight both the BMV and Court case. If you are charged with OUI, make sure your mailing address is up to date with the secretary of state, DMV / BMV because you will be sent a letter with a date that you license will automatically go under suspension. Importantly, you only get 10 days from the date of suspension listed in that letter, to act in order to stop or pause the administrative license suspension in order to fight that part of the case. If you or your lawyer do not affirmatively request a BMV hearing, your license will be suspended starting on the day that is listed in the letter from the DMV/BMV.
If you are considering hiring a lawyer for your OUI charge, make sure they will represent you in both the administrative (BMV) and criminal court case. The BMV hearing is not only important to fight to try to preserve your ability to drive, but arguments made during the hearing, as well as the hearing’s outcome will be important to defending your criminal OUI charge in court.
How a Maine OUI attorney can help:
The information provided on this website is just a glimpse into the many issues that arise with OUI case. Because OUI cases are one of the most complex, multi-faceted criminal charges you can face in Maine, if you are charged with OUI, you need to speak with a lawyer. There are multiple components, and confusing but critical steps you need to know and be ready for in order to navigate an OUI before court, during the criminal case, and license requirements/options after. It would take whole book to go over all the issues in an OUI case, so please speak with an experienced criminal defense attorney to ensure that you know all of the options, explore all of your defenses, and fight the OUI charge and OUI license suspension on all fronts.
OUI Testimonials
OUI client reviews from Avvo.com
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The Best Defense Attorney You Could Ask For!
Cameron Ellis is highly recommended for his exceptional legal representation, particularly in DUI defense cases. Clients consistently praise his diligent and professional approach, even when faced with challenging circumstances. One client [me], facing DUI charges, highlighted Ellis's commitment to understanding their perspective and fighting for the most favorable outcome. This dedication resulted in the complete dismissal of all charges, a testament to his unwavering advocacy and strategic legal prowess. His ability to achieve such positive results, even when others might have advised accepting less favorable terms, underscores his skill and determination in defending his clients' interests. Thank you, Cameron!
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The Best of The Best of THE BEST
Several months ago, I got an OUI. It was just after a devastating breakup, and I wasn't in my right frame of mind. It was the dumbest thing I have ever done. Going to get toothpaste almost cost me my entire life as I knew it. I was terrified. I reached out to Attorney Cameron T. Ellis for a consultation. Immediately I could tell he was passionate about helping me and his bedside manner was calming and took the sting out of this awful situation right away. Attorney Ellis took on my case. The cards were completely stacked against me, and the burden of proof was self-evident. Over the next few months Attorney Ellis kept in close contact and carefully and patiently explained every detail as they arose. I have never even gotten a J-walking ticket, so I was scared out of my wits for having done something so irresponsible and dangerous. Attorney Ellis was highly professional, extremely articulate without being condescending at all. I felt at once as if I had made the correct choice. I kept my focus on sobriety and community service and taking the required steps to meet conditions set by the court and the BMV. After months of carefully planned moves and an amazing amount of communication virtually on a weekly basis Attorney Ellis was successful in convincing not only the BMV to drop the Aggravated OUI charge, but the Court as well. I could not have possibly chosen a better defense attorney, and I would deeply and sincerely recommend Attorney Cameron T. Ellis to anyone facing the worst of the worst like I was. Cameron, you are incredible and I will never be able to thank you enough for helping me not only fight the charges, but being an incredible support in my life changes, my sobriety (well beyond 200 days), and helping me realize how fragile life can be, but if we stay the course and stay true to ourselves and make healthy decisions, we have the best possible chance at winning. At the end Attorney Ellis wasn't just my lawyer, he was a positive influence on my continued focus and personal success. Thank you, Attorney Ellis!!!
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