Drunk driving charges may be the most common of all criminal cases heard in Maine courts. While this charge is generally known as DUI (driving under the influence) across the U.S., in Maine it is referred to as OUI, or operating under the influence. This slight difference in wording gives Maine law enforcement more latitude in arresting drivers as you can be considered operating a vehicle even though you haven’t actually driven it down the road.
OUI in Maine occurs when you operate or attempt to operate a vehicle under the following conditions:
Your blood alcohol concentration (BAC) measures .08 percent or higher
You are under the influence of alcohol, drugs, or other intoxicants
Drivers under the age of 21 can be arrested for OUI with a BAC measuring .02 percent or more. Drugs or intoxicants in an OUI can include any substance that impairs your driving ability, including marijuana, street drugs, and prescription drugs.
What are the Penalties for an OUI in Maine?
A first-offense OUI carries penalties of up to a year in jail, fines ranging from $500 to $2,000, and a license suspension of 150 days. If you were involved in an accident that resulted in the serious bodily injury or death of another, you will face increased penalties. You may also face increased penalties if your BAC measured .15 percent or higher, you were driving with a passenger under the age of 21, or you attempted to flee law enforcement by speeding 30 mph or more over the posted limit.
Is OUI a Felony in Maine?
Subsequent OUI convictions will also result in increased penalties with a third conviction being charged as a Class C felony. Furthermore, second or subsequent convictions will lead to the necessity of completing a drug or alcohol program. The Penalties for a third conviction/felony conviction are the following:
$1,100 fine
30 days jail
6 year license suspension
Can You Get an OUI Expunged in Maine?
In Maine, you can not get an OUI expunged. Since Maine no longer allows for the expungement of criminal records, the only option for individuals with certain criminal convictions on their record is to petition the Governor for Executive Clemency. The main difference is that unlike prior expungement laws, the Governor’s (rare) granting of “Executive Clemency” does not “wipe” clean an individual’s criminal record.
Contact Our Portland OUI Attorneys Today
Our Portland OUI defense lawyers are well-versed in all of the available issues to review in building your defense.
We offer an aggressive defense.
We are knowledgeable in the legality of the traffic stop to the proper procedures for chemical testing to the calibration and maintenance of the breathalyzer.
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