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.

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In recent years, convictions for misdemeanor domestic violence crimes in Maine have increased as state prosecutors rigorously pursue cases.

This has led to harsher penalties for violators, making it even more essential to work on a credible defense if you have been wrongly accused of the offense.

By better understanding domestic violence, its penalties, the burden of proof for prosecution, and the possible defenses that can be asserted, you can better prepare for what lies ahead.

What is considered a domestic violence assault in Maine?

In Maine, a domestic violence assault is defined as an assault against another person in the same family or household, meaning the alleged victim and the alleged abuser have a defined relationship.

The two main considerations for this offense are the physical contact (assault) itself and the target of the contact.

Under Maine law, assault occurs when a person intentionally causes harm to another person or, more precisely, “intentionally, knowingly or recklessly causes.”[ing] bodily injury or offensive physical contact with another person.

The contact need not actually cause physical harm to the person. An assault charge may result from grabbing, pushing, shoving, or another type of offensive behavior.

Family or household members are defined by Maine law to include:

• Spouses
• Domestic partners (two single adults who live together in a long-term committed relationship)
• People who live together
• Biological parents of a child
• Minor children
• Anyone who is or has been a sexual partner

If the assault element is satisfied AND the complainant meets the definition of being in the same household or family, domestic violence assault charges can be filed against the accused.

Is domestic violence a misdemeanor or felony in Maine?

Most domestic violence assault cases are prosecuted as misdemeanors in Maine. Most often, the offense is treated as a Class D misdemeanor. However, even though it is a misdemeanor, it can have a significant impact on the future of anyone convicted of the offense.

If the offender has a prior conviction for any of the following offenses within the past 10 years, the charge may be upgraded to a Class C felony in Maine:

• A charge of domestic violence, including stalking, reckless driving, assault or otherwise
• Violation of a protection from abuse order
• Domestic violence offenses or crimes in another state

The penalties associated with felonies are considerably more severe than for misdemeanors.

What are the potential penalties for domestic violence in Maine?

If a person is convicted of a class D misdemeanor in Maine, the following penalties may apply:

• A maximum sentence of one year in prison
• A maximum fine of $2,000
• Up to two years of probation
• The obligation to follow a forty-eight-week educational intervention program for aggressors.

If a person is convicted of a Class C felony in Maine, the following penalties may apply:

• A maximum sentence of five years in prison
• A maximum fine of $5,000
• Up to two years of probation

Probation in domestic violence assault cases will typically require strict supervision and regular monitoring, as well as restrictions placed on alcohol consumption and contact with the victim(s).

The long-term consequences of a criminal record mean offenders can continue to pay the price for many years after serving their sentence – with employment restrictions, travel restrictions, immigration status issues , etc..

What are viable defenses against domestic violence in Maine?

If you are facing a domestic violence charge, the potentially serious consequences mean that one of your first calls should be to a criminal defense attorney. It is best not to tell law enforcement authorities too much before consulting an attorney. Invoke your right to remain silent, even if you think the accusations are false.

An attorney experienced in defending domestic violence and assault charges will carefully review the evidence against you. Depending on the findings and circumstances of your case, one of the following defenses may be applied:

No assault or anyone else did it

Sometimes the alleged perpetrator of an attack is wrongly accused. This can be for many reasons, but your attorney will need to establish a credible alibi (if the victim was in fact assaulted) or prove that an assault never occurred or was carried out by someone else.

If there is no evidence that you were at the scene of the alleged assault or that an assault has already occurred, this may be a strong defense.

It was an accident

If it is accepted that the plaintiff suffered injuries, a viable defense may be that those injuries were caused by an accident rather than intentionally.

To support this, evidence must be provided to support the claim that an accident caused the injuries. Remember, assault does not have to be intentional to result in a conviction, as it is defined as “intentionally, knowingly, or recklessly” injuring another person. Therefore, reckless actions that result in an accident that causes injury can still be classified as assault.

Self defense

Self-defense may be a valid claim if you were protecting yourself or your children at the time of the alleged assault.

If the police report shows that the complainant used violence or you can demonstrate defensive injuries, this may strengthen a claim of self-defense. Otherwise, other supporting documents will be necessary.

Violation of constitutional rights

Your constitutional rights are set in stone in the United States and to obtain a conviction, the prosecution must prove that you committed the crime beyond a reasonable doubt.

Often the police make mistakes during their investigation. If your rights have been violated, considerable doubt may be cast on the evidence against you and the case may be dismissed.

Violations of constitutional rights can occur when police gather evidence, question or interrogate suspects, or if they refuse certain requests, such as a request to speak to an attorney.

How your criminal defense attorney gathers evidence and presents defense arguments will determine whether you will face the harsh penalties for domestic violence assault or whether you will avoid the worst consequences of a conviction.

If you need to defend domestic violence assault charges in Maine, call the Maine Criminal Defense Group at 207-571-8146 for assistance.

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Maine Alcohol Laws

While you need to know Maine’s strict OUI laws, it’s also important to know other ways to deal with a traffic violation if alcohol is involved. If you have an open container of alcohol in your vehicle, you may still face a traffic violation even if your driving is not impaired by alcohol or drugs. This also applies if a passenger drinks alcohol or simply possesses the open container.

Maine’s open container laws, §2112-A, prohibit drivers and passengers from consuming alcohol in motor vehicles and drivers will be held liable if an open container of alcohol is found by law enforcement. order during a stop.

There are some exceptions to the rule, but drivers and passengers should know the laws so as not to inadvertently create legal problems during a trip and end up facing a potentially large fine.

Maine Open Container Law

Maine’s open container law states the following:

“Driving a vehicle on a public highway contravenes this article. [of the statute] if the driver or a passenger in the passenger area of ​​the vehicle:

1. Consumes alcohol; Or
2. Has an open alcoholic beverage container.

What types of alcoholic beverages does the law refer to?

The open container law covers “spirit, wine, fermented” or other alcoholic beverages intended for “human consumption” that contain more than 0.5 percent alcohol by volume.

What is considered an “open container” in Maine?

An open alcoholic beverage container generally refers to any open can or bottle containing an amount of alcohol above the 0.5 percent threshold. It also covers any other container:

• Open, or
• Have a broken seal, or
• Content has been partially deleted

Does the open container law apply to all parts of a vehicle?

Open container laws in Maine apply only to “passenger areas.” This is the area designed for the driver and passengers to sit while the motor vehicle is in operation.

The law does not apply to the trunk or cargo area of ​​a vehicle. It should be noted, however, that the glove box is considered part of the passenger area because it is easily accessible to both passengers and the driver when seated in the vehicle.

Thus, if an open container is discovered in one of these passenger areas, the driver is exposed to sanctions.

Does the open container law apply to all Maine roads?

Open container laws, like other drunk driving laws in Maine, apply to all public roads or “public roads” in the state. That is, any means owned and maintained by the state, county or city and open to the general public, including a right-of-way.

Are there any exceptions to the open container law in Maine?

The laws mentioned above cover the majority of situations in which an open container is found in a vehicle in Maine, supplementing the already tough drunk driving laws.

However, even if an open container is found in your vehicle, you may not be responsible for penalties if any of the following conditions apply:

• The open container of alcohol is found in the trunk: You can legally possess an open container of alcoholic beverage in the trunk or (if there is no trunk) behind the last upright seat or in an area not usually occupied by the driver or passengers.
• Passengers paid a fee for the driving service: In most vehicles intended for the paid transportation of passengers (except taxis), passengers can legally consume alcohol.
• The passengers are in their living quarters: If the vehicle is a motorhome, trailer, semi-trailer, or camper, passengers may legally consume alcohol and possess an open container in the residential premises without breaking any laws.
• The vehicle is an approved catering vehicle during a catering event.: A driver or employee of a driver may legally transport open containers of alcohol to and from catering events if the driver has a valid catering license.

What are the penalties for an open container in Maine?

The good news if you are charged under Maine’s open container law is that you will not face a criminal charge, jail time, or license suspension like you would in some states.

Instead, you will be considered to have committed a traffic violation. This is punishable by a minimum fine of $25 and a maximum fine of $500.

What are the rules and sanctions for juvenile offenders?

In Maine, minors (people under the age of 18) are generally not allowed to possess or consume alcohol. They are also generally not allowed to transport alcohol in a motor vehicle.

Illegal transportation of alcohol by a minor is specifically addressed by the Maine Legislature as follows:

“a minor cannot knowingly transport [liquor] or knowingly [allow liquor to be transported] in a motor vehicle under the control of the minor. The following sanctions apply to violations of this paragraph.

1. A minor who contravenes this paragraph commits a civil offense for which a fine of not more than $500 may be imposed.
2. A minor who violates this paragraph after having previously violated this section commits a civil offense for which a fine of not less than $200 nor more than $500 shall be imposed, none of which may be suspended.
3. A minor who violates this paragraph after having previously violated this section 2 or more times commits a civil offense for which a fine of not less than $400 nor more than $500 shall be imposed, neither of which may be suspended.

There are a few exceptions where a minor can legally transport alcohol in a motor vehicle in Maine:

• If the act falls within the scope of the minor’s employment
• If the act is done at the request of the parent or guardian of the minor, or
• If the alcohol is placed outside the passenger and driver area (such as a trunk or locked glove box) and the minor has no actual knowledge of its presence in the vehicle.

If a minor is caught with alcohol in the vehicle or is caught consuming alcohol, they can only be charged with one offense (illegal possession or illegal transportation), rather than both offenses.

Do penalties apply to open marijuana containers in Maine?

The Maine Legislature also addresses open marijuana containers.

Under this law, the driver of a vehicle on a public road commits a traffic offense if he or a passenger in the passenger area of ​​the vehicle consumes marijuana or a marijuana product or has an open container.

Again, the operator will not face criminal charges because marijuana is legal in the state of Maine.

In this sense, an open container is a container that contains any amount of marijuana or consumable products made from marijuana and has a broken seal or a container whose contents have been partially removed.

Similar exceptions exist with the open container law for marijuana as well as the open container laws for alcohol. An additional exception exists, however, for a passenger who has an open container and is a medical marijuana card holder.

For experienced legal help regarding any OUI crime, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation..

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