OUI charges are handled harshly in Maine. For many people, a drunk driving charge is the first time they have encountered the criminal justice system and, understandably, they want to know the potential consequences of an OUI conviction.
With an otherwise clean criminal record and strong legal representation, you may be able to reduce the consequences for your future and even reduce the charge to one with fewer consequences.
Let’s see what this could entail.
What is a YES in Maine?
An OUI is the term used in Maine for a DUI or DWI, terms you are likely familiar with in other states. It means “operating under the influence.” This term draws attention to the fact that it is not necessary to be behind the wheel of a vehicle (neither intoxicated nor even over the legal limit) to be charged with a drunk driving offense in Maine.
You can review Maine’s YES statute for more details on the law, but we’ll look at some key aspects below.
Maine First Offense OUI
About 80 percent of OUI arrests are for a first offense in Maine. This means that the person charged has never had an OUI/DWI/DUI in any state and has not refused to provide a bodily sample in Maine in the last ten years.
First offense cases (like second offenses) are treated as misdemeanors, but if aggravating factors are present, a mandatory minimum prison sentence may still apply. These factors include: a particularly high blood alcohol level, a passenger under the age of 21, speeding or an accident.
In the absence of aggravating circumstances, an OUI for a first offense carries a mandatory minimum penalty of 150 days of license suspension and a fine of $500. After 30 days without a license, the driver may be reinstated if an ignition interlock device (IID) is installed on any vehicle he or she drives for 120 days.
Jail time is very rare for a first OUI offense in Maine, but it should not be discounted: a criminal conviction can show up for life on the background check, creating potential long-term implications.
Consequences of a YES in Maine
The consequences of a YES become more serious for repeat offenders if they are convicted.
A second YES within 10 years means that driving privileges (via a restricted license) will take much longer to be reinstated, which can have serious employment consequences. Violators also face an automatic sentence of seven days in jail (twelve days for refusal), a fine of $700 ($900 for refusal), and a three-year suspension from the vehicle registration.
A third offense within ten years is considered a felony punishable by up to five years in prison (minimum 30 days), a $5,000 fine, and two years of probation.
Other potential long-term effects of a criminal conviction include effects on employment, increased insurance premiums, difficulty traveling abroad (even within Canada), and employment status issues. immigration for non-US citizens..
What factors affect the ability to argue a YES in Maine?
A first-time YES offender is more likely to succeed in obtaining a reduction or “diversion” than a repeat offender. However, plea deals can even be reached for repeat offenders in certain circumstances.
What is possible depends on the facts of the case, as well as the experience of your YES attorney.
The main factors that determine whether we can successfully plead an OUI charge with a prosecutor are:
- The defendant’s criminal past
- If the defendant has a history of driving offenses on their record
- The level of cooperation with law enforcement during the investigation
- If the accused refused to take a breath or blood test
- The strength of the State’s case against the defendant (sometimes issues related to the traffic stop, arrest, evidence, test results, or constitutional rights weaken the State’s case)
- Will an OUI conviction result in extraordinary hardship beyond license suspension, such as loss of employment?
Much depends on how the prosecutor assigned to the case views OUI charges. With more lenient prosecutors, the option of a lesser charge may be available in the absence of aggravating circumstances. Other, stricter prosecutors might be less likely to plead to the charge.
What are the plea bargain options in Maine OUI cases?
A first or second OUI offense is a class D misdemeanor. The purpose of the plea bargain is to reduce the charge to a lesser offense, such as driving to endanger, which is one of the most common plea deals common in Maine.
A person is guilty of driving to endanger if he or she, through criminal negligence, “operates a motor vehicle in any place in a manner that endangers the property of another or a person, including the driver or passenger of the motor vehicle she is driving.
Driving to endanger is a class E misdemeanor punishable by up to six months in prison and a $1,000 fine, but jail time is rarely served for a first-time offender. Usually, this violation will result in a fine of less than $1,000 and a 30-day loss of license.
On the plus side, this is much less than the 150 day license loss required for a first OUI conviction. However, the Bureau of Motor Vehicles generally administratively suspends a license before the defendant appears in court. It is therefore important not to waste time contesting the administrative suspension with your OUI lawyer.
Sometimes prosecutors agree to remove an aggravating circumstance against a defendant, so that the punishment is more manageable for the offender (and can avoid a mandatory minimum prison sentence).
It should be remembered, however, that pleading an OUI charge is only possible in certain circumstances and with certain prosecutors. It will also become more likely if the state’s arguments are particularly weak. This is why it is essential to call on an experienced lawyer to identify and highlight the weaknesses of the case against you.
For experienced legal help regarding any OUI charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial assessment of the case.