Maine OUI Archives - Bowser Law

Tri-State OUI/DUI Defense: Why Experience Matters

Caught Under the Influence in “Beautiful Place by the Sea”

Ogunquit, Maine — whose name aptly translates to “beautiful place by the sea” in the indigenous Abenaki language — attracts thousands of visitors each year to its stunning 3.5-mile stretch of sandy beaches, picturesque Marginal Way oceanfront path, and charming Perkins Cove. With a year-round population of only about 1,600 residents, this York County coastal gem transforms during summer months as tourists flock to enjoy its vibrant array of restaurants, bars, art galleries, and boutique shops.

But this popular vacation spot sees its share of legal troubles as well. Each summer season brings a significant increase in OUI (Operating Under the Influence) arrests along Ogunquit’s Shore Road and throughout York County. While specific statistics aren’t publicly available, law enforcement records indicate that a substantial percentage of these arrests involve out-of-state visitors — particularly Massachusetts residents — who find themselves facing Maine’s strict OUI laws after an evening enjoying Ogunquit’s renowned dining and nightlife scene.

The Power of Specialized Experience

With over thirty years dedicated specifically to defending OUI and DUI cases, Attorney Michael Bowser has developed a depth of expertise that few can match. This isn’t general criminal defense work — it’s specialized advocacy in a complex legal niche that requires intimate knowledge of:

Scientific principles behind breath and blood testing
Constitutional protections against unreasonable searches and seizures
Proper field sobriety test administration
Police procedure during traffic stops and arrests
Complex interstate reciprocity issues affecting license suspensions

A Unique Tri-State Practice

As the only attorney maintaining local offices and active law licenses in Massachusetts, New Hampshire, and Maine, Michael Bowser offers something truly distinct. He is also the only lawyer across all three states who is Board Certified as a DUI Defense Specialist by the National College of DUI Defense. This unique position provides critical advantages:

Comprehensive Interstate Knowledge: Understanding how each state’s laws interact is crucial when charges in one state can affect your driving privileges in another.
Local Court Familiarity: Regular practice in the courts of all three states means established relationships with prosecutors, judges, and court personnel — connections that matter.
No Geographic Limitations: No matter where in these three states your case originates, you receive consistent, high-quality representation without having to find separate counsel.

Results That Speak for Themselves

Success in DUI/OUI defense isn’t theoretical — it’s measured in real outcomes. With over one thousand not-guilty verdicts secured before juries and judges across three states, our record demonstrates not just experience, but effectiveness.

These aren’t simply cases that were pleaded down or resolved through technicalities. These are full acquittals achieved through meticulous preparation, strategic trial skills, and deep knowledge of the scientific and legal principles at play.

Our track record of success at trial also means many criminal OUI or DUI charges in New Hampshire and Maine are successfully negotiated to an end disposition that avoids a drunk driving conviction and takes the matter out from under Melanie’s Law Lifetime Lookback for a Massachusetts resident with a prior OUI history.

Beyond Basic DUI/OUI Charges

Our expertise extends to the full spectrum of related charges that often accompany or stem from impaired driving allegations:

Reckless Driving
Negligent Driving
Driving to Endanger
Operating After Suspension or Revocation
Habitual Traffic Offender violations
Reckless Conduct
Aggravated DUI
Felony OUI
OUI Serious Bodily Injury
Motor Vehicle Homicide
Open Alcohol Container violations
Possession of Controlled Substances
DUI Drugs
OUI Drugs

We understand not just the immediate consequences of these charges, but their long-term implications for your driving privileges, insurance rates, and even employment prospects.

The Interstate Dimension

One of the most complex aspects of OUI/DUI defense in the Northeast is managing the reciprocity agreements between Massachusetts, New Hampshire, and Maine. These agreements can mean that:

A license suspension in one state triggers suspensions in others
Prior convictions in neighboring states can enhance penalties
Administrative sanctions in one jurisdiction affect your driving privileges across all three
Lifetime Lookback provisions of Massachusetts’ Melanie’s Law
IDCMP (Impaired Driver Care Management Program) reciprocity requirements from NH DMV
Ignition Interlock Device (IID) requirements across state lines
Hardship or early reinstatement options in your home state

This interstate web of consequences requires specialized knowledge to navigate effectively. With offices and full licensure in all three jurisdictions, Bowser Law provides seamless representation that accounts for these complex interstate issues.

When Your Future Is at Stake

An OUI or DUI charge is more than just a traffic ticket — it’s a criminal matter with potential consequences including:

Jail time
Substantial fines
Loss of license
Mandatory education programs
Ignition interlock devices
Criminal record implications
Insurance premium increases
Professional license impacts

With so much on the line, experience isn’t just helpful — it’s essential. Bowser Law brings thirty years of focused OUI/DUI defense work, thousands of cases, and over one thousand successful trial verdicts to your defense.

Contact Bowser Law Today

If you’re facing OUI, DUI or related charges in Massachusetts, New Hampshire, or Maine, don’t leave your future to chance. Contact the law office with the experience, track record, and unique tri-state capability to provide the strongest possible defense.

Your initial one-hour consultation is always free and completely confidential, and it’s the first step toward protecting your rights, your license, and your future.

What is a Cahill Disposition in MA OUI

A Cahill disposition is a 2nd Lifetime 1st Offense. A standard true OUI 2nd Offense in Massachusetts requires a mandatory two (2) year loss of license from the sentencing Court and imposition of one of two alternative mandatory sentences, either: 14 days inpatient at a secure locked down hospital treatment center, followed by one (1) year aftercare and a two (2) year probation period, or sixty (60) days in the House of Correction with two a two (2) year probation period. The vast majority of Judges in Massachusetts will impose the hospitalization/treatment option over the jail option. However, a 2nd offense, like a 1st offense, is a misdemeanor with a maximum penalty of 2 ½ year in the House of Correction. If there was a breath test refusal at the time of the OUI 2nd arrest a three (3) year CTR is imposed by the RMV and it cannot run concurrently with the two (2) year OUI suspension.

A driver/defendant can qualify for a Cahill disposition, at the discretion of the sentencing Court, if they have only one (1) lifetime prior offense, and the prior offense (CWOF or Guilty) is more than ten (10) years before the OUI 2nd arrest date. In a Cahill sentence, the driver/defendant receives the typical 1st offense disposition, i.e. one (1) year probation, outpatient alcohol education program, standard fees and fines and a loss of license as short as forty-five (45) days. This drastically shortens the Court ordered OUI license suspension and avoids the mandatory hospitalization or jail sentence. A Cahill sentence also allows for the driver to apply for an immediate hardship license from the RMV, as they would when sentenced on a true OUI 1st offense. However, the OUI suspension is on and after any CTR suspension, i.e. three (3) year CTR plus forty-five (45) days. Lastly, any lifetime 2nd offender, regardless of whether it is a true 2nd or Cahill, must install and maintain the Ignition Interlock Device (IID) for the entire period of a hardship license plus two (2) additional years.

In my experience, a Cahill disposition is almost always obtainable on a plea disposition before trial. If a trial on an OUI 2nd Offense results in a guilty finding, even when the prior is more then ten (10) years old, a true 2nd offense sentence would likely follow, rather than a discretionary Cahill disposition from the Court. A Cahill disposition can also be continued without a finding (CWOF) but it is not as routine as on a OUI 1st offense..

What is a CWOF disposition in MA OUI

The Massachusetts Drunk Driving Law, oftentimes referred to as Melanie’s Law, M.G.L. Chapter 90, section 24 includes a lifetime look back provision for establishing prior offenses to charge a driver as a subsequent repeat offender. Melanie was a child killed by a drunk driver who had a long history of drunk driving convictions, but all of them were outside the ten (10) year lookback that existed at the time of his fatal OUI crash with Melanie.

The Massachusetts law now allows State Prosecutors, Courts and the Registry of Motor Vehicles (RMV) to use any prior drunk driving disposition, from any jurisdiction, at any time during your lifetime to calculate a subsequent offense. In Massachusetts, the statute only goes up to 5th Offense. I had a prior case where it was my client’s eleventh (11th) lifetime OUI charge, but he could only be prosecuted as a 5th offender. 3rd, 4th and 5th offenses in Massachusetts are felonies, with potential prison sentences up to five (5) years and license revocations of eight (8), ten (10) and lifetime, respectively. 1st and 2nd offenses are misdemeanors.

Administrative suspensions for Chemical Test Refusals (CTR) at the time of arrest through the RMV, also use the lifetime lookback to determine the length of the CTR. They are 180 days with no prior OUI dispositions, three (3) years with one lifetime prior OUI, five (5) years with two lifetime prior OUIs, and a lifetime suspension through the RMV for a chemical test refusal with three (3) prior OUI dispositions. The only way to vacate a Chemical Test Refusal is by a Court Order following a not guilty verdict at trial on the underlying OUI charge or an outright dismissal of the OUI charge. A continuance without a finding (CWOF) disposition counts the same as a guilty finding for lifetime lookback provisions, both criminal and administratively for a CTR suspension.

There are approximately ten thousand (10,000) OUI 1st offense arrests in Massachusetts each year. Approximately 94% of these cases are resolved by way of a plea referred to as a “continuance without a finding” (CWOF). In this disposition the driver/defendant admits that the facts presented to the Court by the Prosecutor/Police at a plea hearing are sufficient to prove guilt on the OUI charge at a trial. The Judge is then asked to accept the admission, but to continue the matter without a finding of guilt entering, typically for a period of one (1) year. During the one (1) year the case is left open, the defendant is on a period of probation, pays mandatory fees/fines to the Court, suffers a loss of license, typically forty-five (45) days, but sometimes as long as ninety (90) days, and must complete the outpatient alcohol education program. A defendant waives all of his/her constitutional rights to trial with this plea, and they can be found guilty and sentenced up to 2 ½ years in jail, the maximum potential penalty, if there is a violation of the probation terms. A person on Probation for OUI cannot leave the Commonwealth without the permission of the Court and Probation Department. At the end of the one (1) year period of probation, if all conditions are met, the charge is dismissed without a conviction and the case is closed. This is not a criminal conviction under Massachusetts Law.

However, the CWOF disposition counts as an 1st OUI Offense forever, under the lifetime lookback provisions of Melanie’s Law. If a person goes to trial and is convicted of an OUI 1s Offense, the sentence provisions set forth above are the same, but a record of the misdemeanor conviction exists. Both outcomes count forever as a first offense because Melanie’s Law defines a prior OUI offense as a guilty finding or an “assignment to an alcohol education course by a Court.” The CWOF always comes with mandatory assignment to the alcohol education program. Further, the Federal Government does not distinguish between a CWOF and a Guilty finding. The Canadian government will exclude a person from entry to Canada for ten (10) years if they have a CWOF disposition on a MA OUI charge. A CWOF

disposition is not supposed to be disclosed on a C.O.R.I. check, but many potential employers, including schools, hospitals and law enforcement will see it. My experience is that Federal Agencies also see the CWOF on a background check.

A driver is not allowed to apply for a hardship license in Massachusetts through the RMV until they are sentenced by the Court on the OUI offense, on probation and enrolled in the alcohol education program. There is no right to a hardship during an administrative suspension through the RMV (CTR) or Per se (>.08 breath test admin RMV suspension) until the person is sentenced by the Court on the OUI.

In my practice, I try to instill in clients the realization that the CWOF is a 1st Offense OUI for the rest of their lives. If they want to plead out to the CWOF they can hire any lawyer they want, because the law does not allow for deviation from the minimum mandatory penalty provisions of Melanie’s Law.

Year in Review 2019

2019 was another busy year at Bowser Law for OUI/DWI defense in Massachusetts, New Hampshire and now Maine. Bowser Law concluded 138 Drunk Driving Defense cases in these three states in 2019.

85 DWI cases in New Hampshire;

49 OUI cases in Massachusetts;

4 OUI cases in Maine;

Some interesting numbers from these totals:
76 % of the total cases were resolved with a not guilty verdict, outright dismissal, or a negotiated plea to a lesser OUI/DWI offense.

15 Jury Trials with 8 not guilty verdicts.

17 Bench Trials with 13 not guilty verdicts.

In New Hampshire, where Prosecutors are allowed to negotiate with the defense for the outright dismissal of the DWI/DUI charge, oftentimes in return for a plea to a lesser civil infraction of Reckless Driving or Negligent Driving, this occurred in 43 out of 85 total New Hampshire cases. These types of dispositions are earned through knowledge, experience, preparation, research and the willingness to challenge the State’s case, even if that means losing an administrative license suspension (ALS) at the DMV in order to prepare a better defense of the DWI criminal charge. This type of non DWI outcome is incredibly important for many Massachusetts residents facing a NH DWI charge, where the collateral administrative consequence in Massachusetts imposed by the MA RMV under the Lifetime Lookback provisions of Melanie’s Law is far worse than any penalty imposed by the NH Court on the DWI. The majority of Bowser Law’s NH DWI clients are Massachusetts residents, many of whom are dealing with at least one prior OUI offense under Melanie’s Law.

Where a plea was voluntarily negotiated and entered to a DWI offense in 33 NH cases, 12 were the result of an Aggravated DWI being reduced to DWI 1st to avoid mandatory jail and extended license loss with an ignition interlock device upon restoration. An additional 12 cases were originally charged as a subsequent offense (2nd/3rd or 4th offenses) but were reduced to a lesser DWI charge and other related motor vehicle, misdemeanor of felony charges were dismissed as part of the plea negotiations.

In Massachusetts the defense is almost entirely limited to pleading to the OUI offense as charged or proceeding to trial. In 49 MA OUI cases, a voluntary plea was entered in 22 cases. 6 of those 22 pleas resulted in a 1st offense Cahill disposition, where the complaint charged OUI 2nd. One was an OUI 4th felony complaint, resolved by plea to a misdemeanor OUI 2nd. 15 pleas resulted in a continuance without a finding (C.W.O.F.) on an OUI 1st complaint. Many of these dispositions were entered for New Hampshire residents facing the MA OUI charge, to allow them to retain their valid New Hampshire licenses. This year included a critically important appeal in NH related to the NH DMV’s treatment of a MA OUI C.W.O.F. disposition. It was a Bowser Law client.

27 of the original 49 Massachusetts OUI cases proceeded to bench or jury trial or a decision on complaint applications to the clerk/magistrate (2). 21 out of 27 cases resulted in a not guilty verdict or outright dismissal of the OUI charge. The majority of these cases involved subsequent offenses under Melanie’s Law Lifetime Lookback provisions with mandatory jail, felony conviction, and extended license loss hanging in the balance.

In Maine, 1 of the 4 OUI cases resulted in a plea to a lesser offense of Reckless Driving, which was certainly important to the Massachusetts resident. The other 3 matters were resolved by plea to an OUI 1st charge, where the complaints were amended to remove mandatory jail sentences for prior offenses, elevated breath test results >.15, or refusal of the chemical test. The Maine OUI Defense practice continues to grow, especially among residents of Massachusetts and New Hampshire struggling to understand the reciprocity issues at home.

Significantly, Attorney Bowser continues to be a leading practitioner in the area of reciprocity license/privilege suspension issues between his three (3) states of practice: Massachusetts, New Hampshire and Maine. If you are facing a drunk driving charge in any of these three (3) jurisdictions please call our office to schedule an initial free consultation. A great defense travels, and plays well anywhere.

Maine OUI Penalties for a Fourth Offense

If you are charged with an OUI in Maine, it is important to have the right information about the possible sentencing. Maine has a ten (10) year look back period so if you have three previous offenses during that time frame, you will be charged with a fourth offense. Below is a chart that highlights the penalties for a fourth offense OUI in Maine.

License Suspension:: 8 years
Conditional License (Zero Tolerance):: Minimum 10 years. A conditional license can be suspended for 1 year for any amount of alcohol and 2 years for a refusal to submit to a chemical test.
Jail:: Minimum 6 months
Minimum Fine:: $2,100

Refusal of Chemical Test

License Suspension:: 8 years. This license suspension is served in addition to any suspension imposed due to the criminal charge.
Conditional License (Zero Tolerance):: –
Jail:: Minimum 6 months & 20 days
Minimum Fine:: $2,500

The penalties for a fourth offense are very serious. Not only are you facing years of license suspension, you are also subject to mandatory jail time if convicted. This is why it is in your best interest to get professional legal advice so you know your options.

Attorney Mike Bowser is the only Board Certified DUI Defense Specialist who practices in Maine, New Hampshire & Massachusetts. He has 200 five star reviews from satisfied OUI clients. Call now to set up your free case consultation at 888-526-9737.

Maine OUI Penalties for a Third Offense

If you are charged with an OUI in Maine, it is important to have the right information about the possible sentencing. Maine has a ten (10) year look back period so if you have two previous offenses during that time frame, you will be charged with a third offense. Below is a chart that highlights the penalties for a third offense OUI in Maine.

License Suspension:: 6 years
Conditional License (Zero Tolerance):: Minimum 10 years. A conditional license can be suspended for 1 year for any amount of alcohol and 2 years for a refusal to submit to a chemical test.
Jail:: Minimum 30 days
Minimum Fine:: $1,100

Refusal of Chemical Test

License Suspension:: 6 years. This license suspension is served in addition to any suspension imposed due to the criminal charge.
Conditional License (Zero Tolerance):: –
Jail:: Minimum 40 days
Minimum Fine:: $1,400

The penalties for a third offense are very serious. Not only are you facing years of license suspension, you are also subject to mandatory jail time if convicted. This is why it is in your best interest to get professional legal advice so you know your options.

Maine OUI Penalties for a Second Offense

If you are charged with an OUI in Maine, it is important to have the right information about the possible sentencing. Maine has a ten (10) year look back period, which means if you have a previous offense during that time frame, you will be charged with a second offense. Below is a chart that highlights the penalties for a second offense OUI in Maine.

License Suspension:: 3 years
Conditional License (Zero Tolerance):: Minimum 10 years. A conditional license can be suspended for 1 year for any amount of alcohol and 2 years for a refusal to submit to a chemical test.
Jail:: Minimum 7 days
Minimum Fine:: $700

Refusal of Chemical Test

License Suspension:: 3 years. This license suspension is served in addition to any suspension imposed due to the criminal charge.
Conditional License (Zero Tolerance):: –
Jail:: Minimum 12 days
Minimum Fine:: $900

The penalties for a second offense are very serious. Not only are you facing years of license suspension, you are also subjected to mandatory jail time, if convicted. That is why it is in your best interest to obtain professional legal advice as soon as possible, so you know your options.

Maine OUI Penalties for a First Offense

If you are charged with an OUI in Maine, it is important to have the right information about the possible sentencing. Below is a chart that highlights the penalties for a first offense OUI in Maine.

With No Aggravating Factors

License Suspension:: 150 days
Conditional License (Zero Tolerance):: Minimum 1 year. A conditional license can be suspended for 1 year for any amount of alcohol and 2 years for a refusal to submit to a chemical test.
Jail:: No Mandatory Minimum
Minimum Fine:: $500

With Aggravating Factors

License Suspension:

150 days

Conditional License (Zero Tolerance):

Minimum 1 year.

Jail:

Minimum 48 hours

Minimum Fine:

$500

Aggravating Factors include:

BAC of .15% or higher
“Chemical Test Refusal” can be considered an aggravating factor at sentencing, after conviction of OUI, and could subject you to mandatory minimum period of incarceration.
Exceeding the speed limit by 30 MPH or more
Attempting to elude a police officer
Having a passenger under 21. There is an additional 275 day license suspension if transporting a passenger under 21.

Refusal of Chemical Test

License Suspension:: 275 days. This license suspension is served in addition to any suspension imposed due to the criminal charge.
Conditional License (Zero Tolerance):: –
Jail:: Minimum 96 hours
Minimum Fine:: $600

As you can see, even for a first offense, you are facing a lengthy license suspension and in many cases, possible jail time. This is why it is in your best interest to obtain professional legal advice so you know your options.

Maine routinely targets tourists for OUI

Tourism is a major industry in Maine. In 2016, over 36 million people visited Vacationland, spending over $6 billion.

However, if you are an out of state driver, a trip to Maine can turn into a nightmare. That is because state and local police often target bars and restaurants in popular areas. They also set up OUI patrols on I-95, Route 1 and Route 202 regularly. During long weekends, you may also run into DUI checkpoints.

This causes a lot of problems for those arrested for an OUI in Maine. Not only do they face penalties in Maine, they also face penalties in their home state. Reciprocity issues between states can be very complicated and, if not handled correctly, you may end up getting your license suspended for longer than needed. That is why it is very important to consult with an attorney who regularly deals with these cases.

Attorney Mike Bowser is the only Board Certified DUI Defense Specialist who practices in Maine, New Hampshire & Massachusetts. He has offices in all three states and has over 25 years of courtroom experience. Call now to set up your free case consultation at 888-526-9737.

What happens if I get an OUI in Maine

Being arrested for an OUI can be a very scary and overwhelming experience. That is why it is so important to have a competent, experienced OUI attorney to represent you in both your administrative process and court process. It is in your best interest to hire an attorney as soon as possible.

INITIAL PROCESS:

After you are arrested, you will be given a Summons which contains a date for you to personally appear in court for your first hearing, which is called an Arraignment, in the county in which you were arrested. If you retain Bowser Law to represent you prior to the Arraignment date, we will file an Appearance on your behalf and waive your appearance at the Arraignment, so you will not have to attend that court hearing. Bowser Law will also request that the Court schedule your case for a Dispositional Conference, which you will need to attend with an attorney from our office.

MAINE – BMV HEARINGS

Shortly after your arrest, you will receive a Notice of Administrative Suspension from the Secretary of State, detailing the statutory grounds for your license suspension. This letter will specify the date that your license suspension goes into effect. You, or your lawyer, may request a hearing on the issue of your license suspension within 10 days of the effective date of your license suspension. If you submitted to a chemical test, your license suspension may be stayed (paused) pending a hearing and determination by the Secretary of State, as long as you or your lawyer requested the hearing within ten (10) days of your license suspension effective date. If you refused to submit to a chemical test, you are not entitled to a stay of your license suspension. A hearing will then be conducted within thirty (30) days of receipt of the hearing request. This hearing is governed by the “preponderance of evidence” evidentiary standard and addresses the following issues: whether the person operated a motor vehicle with an excessive alcohol level, whether there was probable cause to believe that the person was operating a motor vehicle with an excessive alcohol level or under the influence of intoxicants, whether the person was properly informed of the consequences for failing to submit to a chemical test and whether the person failed to submit to the requested test.