Felony OUI charges in Maine.

What makes an OUI a felony in Maine?

There are three ways a an OUI charge in Maine can be felony offense.

1. A driver with two or more OUI convictions in Maine (or another State) in the past 10 years can be charged with a felony for a third OUI offense.

2. A driver with a prior felony OUI conviction can be charged with a felony regardless of the amount of time that has passed since the prior conviction.

3. An OUI charge alleging “serious bodily injury” or death is a felony offense.

Felony OUI charges are either Class C or Class B felony offenses. Class C felony offenses carry a maximum penalty of 5 years in prison and $5000 fine. Class B felony offenses carry a maximum penalty of 10 years in prison and a $20,0000 fine.

A felony OUI conviction carries a mandatory license and registration suspension of at least 6 years in Maine.

How can I fight a felony OUI charge in Maine?

There are several was to challenge an OUI charge in Maine.

• The stop, field sobriety tests, arrest, and any chemical test results can all be challenged in court.

• The State must prove everything was done correctly in order for the case to proceed through court, or for certain evidence, such as breath test result, to be reliable or admissible.

• The State must prove the charge beyond any reasonable doubt before a person can be convicted of the charge.

• It is also possible to negotiate a plea agreement with the State that results in the felony charge being lessened to a misdemeanor.