A first OUI offense in Maine can potentially have long-term consequences, but with the right legal representation, alleged offenders can escape the harshest penalties.
A first drunk driving offense will likely result in an arrest, charge, and court appearance. However, the criminal justice system recognizes that some people without criminal records make honest mistakes, which may allow for some leniency in sentencing.
Sentencing for first-time offenders is often aimed at ensuring that the same mistakes do not happen again. A prison sentence is possible, but unlikely, unless there are aggravating circumstances. Sentencing may involve significant fines and fees and rehabilitative measures, such as attending DUI school, community service, or alternative treatment programs.
What happens when you get your first YES in Maine?
If you operate a motor vehicle under the influence of alcohol or a controlled substance or have a blood alcohol level of 0.08 grams per 100 ml or more, you will be charged with OUI in Maine .
The charge can affect your job, your family, and your future because a misdemeanor will appear on your criminal record, even if it is only your first offense.
In the event of drunk driving, after your arrest and charge, your driver’s license will be immediately suspended for 150 days by the BMV (Bureau of Motor Vehicles). Even if you are not yet charged with a crime, but refuse to submit to the post-arrest chemical test, your license will be suspended under Maine’s “implied consent” law.
Refusal also carries a mandatory jail sentence of at least 48 hours if you are later convicted of OUI and sentenced.
An administrative license suspension can be contested within 10 days of its issuance, which gives you the opportunity to save your license. The evidence must be presented before a hearing examiner. The chances of a positive outcome can be improved through legal representation.
The criminal process after an arrest and charge begins with an arraignment, which is the first appearance in court. It is advisable to have already sought legal advice prior to this hearing to discuss your legal options with an experienced OUI attorney and challenge your license suspension.
Sanctions for 1st offense YES and other consequences
If you are convicted of a first OUI offense in Maine, with no prior convictions or breathalyzer refusal on your record in the last 10 years in any state, the court’s OUI penalties include:
- A mandatory minimum penalty of 150 days of license suspension (in addition to the administrative sanction)
- A fine of $500
- Surcharges and Additional Fees
If you want to drive after serving 30 days of suspension, you may be able to do so if you are eligible to install an ignition interlock device (IID) in your vehicle for the remaining 120 days of the suspension.
If aggravating circumstances are present with the OUI, such as a BAC or BAC greater than 0.14, a passenger under the age of 21, excessive speed (30+ mph over the limit), or an accident , a mandatory minimum of two days jail time applies.
Refusal to take a chemical test (breath, urine or blood) under these circumstances carries a mandatory minimum sentence of four days in jail and a fine of $600.
If a drunk driver causes the death of another person, a prison sentence of up to 30 years (for a felony) can be imposed, along with six years of probation, a fine of $20,000 and a license suspension of 10 years to life.
Accidents involving OUI drivers can result in significant civil lawsuits as well as criminal charges.
The long-term consequences of a criminal record should not be ignored either. Simply having a stain on your record due to a first YES offense can impact employment, education, accommodation, travel (including to Canada), and immigration status . Offenders may also face higher insurance premiums and find it difficult to rent a car.
How to beat a 1st YES in Maine?
Given the potentially serious consequences of a first OUI in Maine, pleading guilty is rarely the best option.
Despite what the police say, proving YES in court can be very technical and often problematic for the state, especially if you get help from an experienced YES lawyer.
Every case is different, but some common defenses include:
- The police did not have reasonable suspicion or probable cause to stop your vehicle: the police need to reasonably suspect that a crime has been committed or is about to be committed, otherwise the evidence collected may not be eligible. Usually, police cite speeding, running brake lights, or drunk driving as the cause of the stop.
- Unreliable Field Sobriety Test Results: Results from the “Walk and Turn,” “Horizontal Gaze Nystagmus,” or “One Leg Stand” tests, which are often used in Maine roadside OUI stops, can often be questioned because they depend on subjective evaluation. opinion of the police.
- Inaccurate Breathalyzer or Chemical Test Results: The equipment used in breath or chemical tests may have been improperly calibrated or the person using it may not have been authorized to do so or may not have followed the correct procedures.
- A medical condition: If you are taking certain medications or following certain diets that could affect test results, it can be argued that this has caused a higher than normal blood alcohol level.
- Violation of Constitutional Rights: If law enforcement fails to enforce your constitutional rights during the process of stopping, arresting, or charging, the case against you may be dismissed.
- Blood alcohol level less than 0.08% at the time of the operation: the blood alcohol level gradually increases up to three hours after alcohol consumption. It can sometimes be argued that the reading was higher than 0.08 at the time the chemical test was performed, but lower when driving the vehicle earlier.
- Mistaken identity of driver: The state must prove that you were the driver of the stopped vehicle.
If you or someone you know is facing OUI charges for the first time in Maine, call the Maine Criminal Defense Group at 207-571-8146 for assistance.