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.
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.
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.
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.
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.
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.
One of the most common questions we get from Massachusetts residents who have been arrested for OUI is:
Can I get a hardship license?
If you have been arrested, but not convicted or sentenced and you criminal case is still open, you are not eligible for a hardship during the time of your suspension. A person with a pending OUI in Massachusetts typically has his license suspended for one of two reasons:
- Either he refused the breath test and his license was suspended for 180 days as a result of the refusal, or
- he blew over a .08 in to the breath test and his license was suspended for 30 days as a result of the blow.
During that period of time, while your criminal case is pending, there is no opportunity for a hardship/cinderella license.
The refusal suspension of 180 days is non-negotiable and there is no way to obtain any type of driving privilege during that period of time.
When a person blows over a .08 and the 30-day suspension begins, the only way to get your driving privilege reinstated during that 30-day window is by pleading guilty in court and signing up for the 24D course thereafter. Once you’re signed up for the course, you are eligible to obtain a hardship license from the RMV. However, without a plea to your criminal case, the 30-day suspension stands.
This can all be found under M.G.L. Chapter 90 section 24 (1)(c).
If you have been recently arrested for a OUI in MA, get the right information from the right attorney. Call Bowser Law at: (888) 526-9737.
