Operating under the influence cases involve both court and motor vehicle bureau proceedings.
The Charge.
The first step in any OUI case is the charge. A person is charged in Maine for OUI following an arrest—this usually involves a chemical test (breath or blood test) or refusal of a chemical test. Once arrested and charged, a person will either receive a summons to appear in court or be bailed to appear in court. Bail conditions for an OUI typically include a no use or possession of alcohol or drugs.
The Bureau of Motor Vehicles notice of suspension.
Once charged with an OUI, the Maine BMV will send a notice of suspension letter. A hearing can be requested on the notice of suspension. If a hearing is requested on a non-refusal OUI, the suspension is stayed pending the outcome of the BMV hearing. For OUI refusals, a stay of the suspension is not available and the driver’s license will remain suspended pending the outcome of the hearing.
Initial appearance.
The first court date is for an initial appearance. For non-felony OUI charges (typically 1st and 2nd offenses) the Court will ask for a plea of not guilty or guilty. If the defendant pleads guilty, the Court will impose a sentence, which includes a mandatory minimum license suspension and fine, and in some cases jail time. If the defendant pleads not guilty then the Court will schedule a dispositional conference date.
Dispositional conference
A dispositional conference is typically scheduled a month or two after the initial appearance and not guilty plea. Between the initial appearance and dispositional conference the defendant receives discovery (reports and video evidence) from the District Attorney’s Office. The dispositional conference is a chance to discuss any possible resolution with the DA. Any motions to suppress are filed at the dispositional conference. If a motion is filed, the Court will schedule the motion for a hearing date. If no motion is filed, and the case is not resolved, the Court will schedule a docket call.
The docket call and trial.
Following a dispositional conference or motion hearing, the case is scheduled for a docket call. The docket call is when the Court goes through a list of cases exposed to trial for that month. If the case is not resolved at docket call, it will be set for a trial. The defendant has a choice whether to have a trial before 12 jurors, or a bench trial (trial before the judge). At trial, it is the State’s burden to prove the charge beyond a reasonable doubt in order for the defendant to be convicted.