Did you know that refusing to submit to a chemical test if legally requested by a police officer at an OUI stop in Maine is a criminal offense?
If you are convicted, the criminal justice system will treat you even harsher than it would a standard OUI offender.
However, as with any OUI, the charge can be successfully contested and fought with the proper legal assistance from experienced OUI attorneys. Here’s what you need to know to beat a YES denial in Maine.
What is the law on implied consent?
A driver’s license is considered a privilege and not a constitutional right in Maine. As such, it is insured (and can be withdrawn) by the State.
With respect to Maine’s OUI laws, any person licensed to drive in the state must provide a chemical sample for testing upon request of a law enforcement official, provided that the officer has probable cause to believe that the suspect is operating a motor vehicle while under the influence of an intoxicant.
The chemical sample requested may be breath, blood or urine and may depend on whether the officer believes the person is impaired by alcohol, drugs or a combination of both.
The key in these cases is often whether or not the officer has “probable cause” to order the test. This means there must be a “reasonable belief” that the driver is impaired. Dangerous or erratic driving are good examples of probable causes of YES stops.
How long is a license suspension for a YES refusal?
A driver charged with an OUI refusal faces automatic license suspension by the Maine Bureau of Motor Vehicles (BMV). This is an administrative suspension whose duration depends on whether it is a first offense or a repeat offense:
- Refusal on the first offense results in suspension from the BMV for 275 days.
- A second refusal within 10 years results in a suspension of the BMV for two years.
- A third refusal within 10 years results in a suspension of the BMV for four years.
- A fourth refusal within 10 years results in a suspension of the BMV for six years.
Please remember that these suspensions are administrative, meaning no legal action is necessary. If the case goes to court, a conviction will result in another court-imposed license suspension which must be served consecutively after the BMV suspension, as well as higher mandatory fines and longer jail time than in standard YES cases.
Such license suspensions are not subject to any relief, meaning the entire suspension must be served unless successfully challenged. Work-restricted licenses or Ignition Interlock Device (IID) programs are not available under YES denial license suspensions.
Drivers who refuse to provide a sample are therefore treated even harsher than those found guilty of OUI. In fact, a refusal of OUI is treated more like an aggravated OUI offense than a standard OUI.
Can a YES refusal be challenged in Maine?
In many cases, successfully fighting a Maine OUI criminal charge requires appearing before the Bureau of Motor Vehicles and the Maine criminal courts. Winning a trial at the BMV can contribute to the outcome of the criminal case, even if these two cases are handled separately.
Requesting a BMV administrative suspension hearing is the first step to defeating an OUI denial charge. Your OUI lawyer can assist you as soon as the complaint is filed, with a period of 10 days from the effective date of the suspension to request the hearing.
Once the request for hearing is filed with the BMV, a stay (postponement) of the suspension of authorization will go into effect until the conclusion of the administrative hearing.
The BMV hearing for a refusal of YES
The standard of proof in criminal courts (“beyond reasonable doubt”) is much higher than in the BMV hearing, which uses the “preponderance of the evidence” test. The latter standard means that it is more likely than not that something happened. The goal is to make it easier for the state to win cases.
The hearing is a “free deposition” of the arresting officer before a hearing examiner. Often, the police officer is the only witness present. The probable cause and the charge of impairment stem from the police officer’s behavior. notice rather than empirical evidence.
How can an OUI denial lawyer help you?
Overturning the suspension is a challenge, but is more likely to be accompanied by experienced OUI counsel. Your attorney will attempt to convince the examiner that the preponderance of the evidence suggests that the police officer’s account is incorrect.
Winning administrative hearings is difficult because the odds are stacked against drivers. Even if the administrative record is lost, attending a hearing, having your YES attorney cross-examine the officer, and understanding the evidence against you can help prepare the defense in a criminal case.
It should be remembered that the testimony of the arresting officer may later result in an OUI conviction – and a permanent criminal record – even without any chemical test results.
The hearing examiner at the BMV hearing will need to determine whether the law enforcement officer had “probable cause” or a “reasonable belief” that the defendant:
- Operated a motor vehicle while under the influence of intoxicants.
- Was informed of the consequences of not submitting to a test.
- Failed to submit a test.
If there is sufficient doubt in the examiner’s mind about any of these elements, the suspension may be overturned, sparing the accused a license suspension of at least 275 days. However, this will not stop the criminal proceedings.
Why should we fight against a YES BMV suspension?
The most obvious reason to fight an OUI suspension is to prevent your license from being automatically suspended for at least 275 days.
However, there are other reasons. Winning the BMV hearing does not mean the criminal case will be dismissed. The harsh consequences of an OUI refusal conviction – and the permanent criminal record – mean you need to do everything you can to gain an advantage in the criminal case before a judge.
For a conviction for first refusal of an OUI, offenders face a minimum penalty of an additional 90 days of license suspension, 96 hours in prison and a fine of $500. These minimum sentences increase significantly for subsequent convictions within 10 years.
Avoiding these sanctions and the long-term consequences of a criminal record, such as problems with employment, education, housing, travel, insurance and immigration, should be a priority for those accused of ‘a refusal of YES.
Requesting a hearing at the BMV can reveal valuable details and evidence for the criminal case. Your OUI lawyer will research every detail possible to identify weaknesses in the prosecution’s case and assist your defense.
Another reason to fight automatic BMV license suspension is that all BMV administrative suspensions appear on your driving record and are considered “prior” OUI offenses. So, even if you are found not guilty by the criminal court, but the BMV has suspended your driver’s license, this administrative suspension can be counted as a “prior” offense if you are charged with OUI again.
For experienced legal help regarding any OUI charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.