WHAT HAPPENS IF YOU ARE CHARGED WITH AN OUI IN THE MAINE COURTS?

If you’ve been charged with an OUI then you have either received a summons, or been bailed, for a court date. The court date on the summons, or bail bond, is for the initial appearance.

WHAT IS THE INITIAL APPEARANCE?

The initial appearance is the first court date. If you do not have a lawyer, you must appear in Court on this date. The Judge will ask if you understand the charge, or charges, and what the maximum penalties can be if convicted. If the charge is for a misdemeanor (which most OUI charges are) then the Judge will ask for a plea. You can plead not guilty, guilty or no contest.

ENTERING A PLEA.

If you enter a guilty, or no contest plea, you will be giving up your rights to a trial, and the Court will enter a guilty finding and impose a sentence. Any OUI conviction requires a mandatory license suspension of at least 150 days and fine of at least $500. Some OUI charges also involve mandatory jail time. You should be sure you understand the minimum penalties, and any recommended sentence by the State, before entering a a guilty or no contest plea.

If you enter a not guilty plea, the Court will schedule the matter for a second court date called a dispositional conference.

If you hire a lawyer before the initial appearance date, and the charge is for a misdemeanor offense, the lawyer can file an appearance and not guilty plea on your behalf. Once the appearance and not guilty plea is filed, you will not be required to appear in court and a dispositional conference will be scheduled.

THE DISPOSITIONAL CONFERENCE.

The dispositional conference is a meeting between the parties and the Judge to determine what the next step in the case will be. The options at the conference are: (1) to file a motion to suppress evidence if there has a been a constitutional violation, such as an illegal stop, (2) schedule the case for a trial, or (3) reach an agreement to resolve the case.

If a plea agreement is reached, it can be entered at the dispositional conference, and the case will be over.

If a motion to suppress is filed, the Court will schedule a court date to hear and decide the motion. If the motion is successful, it will result in evidence being suppressed, and often a dismissal of the charges by the State. If the motion is denied (it does not mean you are guilty) but the evidence sought to be suppressed can be used by the State at a trial. The Court will schedule the case for a docket call.

THE DOCKET CALL.

The docket call is a court date when the Judge goes through the cases to be scheduled for trial during the next trial period. In many courts, the docket call is scheduled once a month. In some of the more rural courts, the docket call is scheduled less frequently—3 or 4 times a year for some courts.

The docket call is one of the last chances to try and resolve the case with the State. If a resolution is not reached, the case will be scheduled for trial. If you choose to have a jury trial, the jury selection date will be the next court appearance. The jury selection date is scheduled soon after the docket call—often the following day.

THE TRIAL.

At trial, you are presumed innocent of the charge. The burden is on the State to prove the charge beyond a reasonable doubt. If you have a jury trial, all 12 jurors would have to vote guilty in order for you to be found guilty. The trial would be a public trial (meaning it is open to the general public to attend) and you would be present throughout the trial. Any witnesses called by the State have to testify in court and can be crossed examined. You have the right to call witnesses on your behalf, but are not required to call any witnesses. You have the right to decide whether to testify at trial. The State cannot call you as a witness at trial. If you decide not to testify that cannot be used against you, or considered in deciding whether the State has proven the case.

If the State fails to meet its burden of proving the charge beyond a reasonable doubt you would be found not guilty and the case is over.

If the State meets its burden of proof, and a guilty verdict is returned, then the matter will be set for sentencing. The sentencing may imposed immediately following the trial, or can be requested to be held at a later date.

If you are convicted after trial, you have the right to appeal the conviction, and any motions denied by the Court. You can also appeal any sentence of more than a year (which only applies to felony cases) to the Maine Supreme Court.