Anyone charged with a second OUI in Maine should expect little leniency from the criminal justice system.
This makes it all the more important to contest the charges and avoid conviction. Learning about what constitutes a second OUI in Maine and the potential penalties for the offense is the first step.
Here’s what you need to know.
What is considered a 2nd YES in Maine?
OUI charges may be filed against anyone suspected of operating a motor vehicle when:
- Under the influence of alcohol or a controlled substance, including drugs or prescription medication.
- Have an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath (the legal limit).
A second OUI offense is committed when an individual has either a DUI conviction or a DUI-related offense in Maine or any other U.S. state within the last 10 years. This includes refusals to take a chemical test.
The prior OUI essentially “aggravates” the pending charge, making the second charge even more serious than the first.
What are the penalties for a 2nd YES in Maine?
For a second YES offense, the penalties become more severe. These penalties can take the form of higher fines, longer driver suspension, and mandatory prison time.
With YES for the first time, we recognize that people make honest mistakes. Often, an experienced OUI attorney can argue for leniency if the case cannot be dismissed.
A second YES, however, indicates to the authorities erratic behavior on the part of an individual who has not been deterred. Maine’s criminal justice system takes a dim view of this, with the prosecutor far less likely to negotiate.
Here is a summary of the potential mandatory penalties you could face for a second OUI in Maine:
- A mandatory fine of $700 (plus fees and surcharges)
- A mandatory three-year license suspension ordered by the court
- A mandatory seven-day prison sentence
- A court-ordered suspension of a person’s right to register a motor vehicle
A second OUI charge (if no one was injured during the OUI incident) is considered a class D misdemeanor. In some cases, the mandatory sentence of seven days in jail can be served as part of of the Alternative Sentencing Program for second offenders, with one week of community service supervised by the county jail.
If an injury is caused by a driver operating the vehicle while intoxicated, the penalties increase significantly, up to several years in prison and revocation of a driver’s license for life.
The penalties for third and fourth OUI offenses are even more severe than those for a second OUI conviction.
What are the penalties for a second refusal of chemical analysis in Maine?
In Maine, the “implied consent” law means that refusing to submit to a chemical test is also a criminal offense. Provided the request comes from an authorized law enforcement official with probable cause, violators may face more severe penalties than with a simple YES.
The chemical test can be a breath, blood or urine test. Second refusal offenses result in the following penalties:
- A mandatory prison sentence of 12 days
- A mandatory minimum fine of $900
- A mandatory three-year court-imposed driving suspension, plus an 18-month administrative suspension from the Maine Bureau of Motor Vehicles (BMV)
The administrative suspension of the authorization begins immediately in the event of refusal to take a chemical test.
How does a second YES impact Maine drivers?
With a second YES, the BMV can suspend your driver’s license simply upon a simple police report – no legal proceedings are required.
However, you can request an administrative hearing with the BMV to contest the suspension. This is generally advisable because it will at least delay the license suspension until after the hearing.
At the administrative hearing, an OUI attorney will be able to argue your case and, if successful, the administrative suspension will be lifted. However, you could still face a court-ordered three-year license suspension if convicted of a second OUI offense.
A suspension for a second OUI will not include the right to a restricted work permit. However, in certain circumstances you may be able to drive before the end of the three-year suspension period.
Notably, after serving nine months of suspension, drivers can often drive with an ignition interlock device (IID) installed in their vehicle. This is an in-vehicle breathalyzer that will only allow the engine to start if the driver records a zero reading.
Maine’s DEEP Program
Maine’s DEEP program is a weekend-long substance abuse assessment program, which all OUI offenders must participate in before being eligible for the ignition interlock device program or having their license reinstated.
For second-time YES offenders, the DEEP office will evaluate the offender and may recommend additional individual substance abuse counseling.
What happens if you are charged with a 2nd OUI but live outside of Maine?
For non-Maine residents who are charged with a second OUI offense while vacationing or working in Maine, the same penalties apply as for Maine residents.
The defense offered by an OUI lawyer is also likely to be the same, but non-residents are less likely to be able to attend court in person. Even if the individual does not attend the arraignment, his or her presence would be mandatory at the trial.
Regarding license suspensions for non-residents of Maine, the BMV will suspend the license, but the home state will not be able to enforce any suspension until notified by the BMV of a suspension or a YES conviction. In most cases, to escape a suspension, it is recommended to fight the BMV suspension and obtain a dismissal or a not guilty verdict.
How Can an YES Lawyer in Maine Help You?
Appointing an experienced OUI attorney with extensive knowledge of OUI laws and the Maine court system, and who is persuasive to prosecutors and judges, can avoid the serious consequences of a second OUI.
Your defense can be built around any of the following:
- No reasonable suspicion to arrest you
- No probable reason to take a breathalyzer
- Poorly Performed Sobriety Tests
- No certificate for the police officer to use the breathalyzer
- Improper calibration of the breathalyzer
- Improperly performed breathalyzer or blood test
For second OUI charges, an experienced OUI attorney will also investigate the prior conviction to see if it presents any constitutional issues. Your attorney may also call on expert witnesses to support your case or recommend that you enroll in alcohol or drug treatment to improve your legal situation.
For experienced legal help regarding any OUI charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation..