What is the penalty for a first offense OUI in Maine?
First Offense operating under the influence (OUI DUI) charges in Maine are Class D misdemeanor offenses, with a maximum penalty of 364 days in jail and a $2000.00 fine.
How likely is jail time for a first OUI in Maine?
First offense OUI charges in Maine that have a BAC of below 0.15 do not require mandatory jail time and it is possible to receive no jail time—a fine and license suspension is always mandatory. First offense OUI charges with a BAC of 0.15 or higher require a mandatory 48 hours in jail. First offense OUI refusals (when the breath or blood test was refused) require a mandatory 4 days in jail.
What is the most common sentence for a first offense OUI in Maine?
All first offense OUI convictions that involve a BAC below 0.15 require a fine of at least $500 and a 150 day license suspension. For someone with no criminal record, over 21 years of age, and no aggravating factors, the most common sentence is a fine a 150 day license suspension.
Do you lose your license immediately after an OUI in Maine?
A license suspension is not immediate following an OUI charge in Maine. For cases involving breath or blood tests, the Maine BMV will send a notice of suspension letter to the address on file for the driver. A hearing can be requested on the notice of suspension and the driver’s license will remain active pending the outcome of the BMV hearing. For chemical test refusal cases, the suspension goes into effect once the BMV notifies the driver of the effective suspension date. A conviction in court (guilt finding) results in an immediate license suspension.
How long does an OUI stay on your record in Maine?
An OUI conviction in Maine stays on your criminal record indefinitely, unless a pardon by the Governor is granted, which is a rare situation.
Do I need a lawyer for a first offense OUI in Maine?
You should always consult with a criminal defense lawyer before deciding how to proceed on a criminal charge, including a first offense OUI. In addition to jail time, a fine, and license suspension, an OUI conviction can have colleterral consequences such as travel restrictions to Canada or deportation if you are not a United States citizen.
Being charged with an OUI does not mean you are guilty. Many charges can be challenged and overcome, either through negotiations with the District Attorney, motion hearings in court, or at trial.