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DUI in Maine

DWI in Maine

Operating Under the Influence (OUI), Operating While Intoxicated (OWI) or Driving Under the Influence (DUI) are very serious offenses in the state of Maine, and requires serious help. If you or someone you love has been arrested and charged with one of the above offense you will need help immediately. You need an experienced and qualified attorney that can represent you through the court process in order to protect your rights. 

Maine has some of the toughest drunk driving laws in the nation. In fact, the police officer can make an immediate arrest without running the field-sobriety test if it appears that the driver has driven recklessly and impaired in one way or another.

On an “attempting to operate” charge it refers to something as little as sitting in the driver's seat of a motor vehicle, sitting in the seat of a tractor, sitting in a boat that has been released from the shore or deck. Any of these actions signify the intent to begin and use a motorized vehicle (any self-propelled vehicle not on tracks).

Once convicted of operating a motor vehicle under the influence in the state of Maine, you will face fines, license restrictions or suspension, and mandatory attendance at drug and alcohol programs. Jail time can go up to 40 years if someone dies because of your driving while intoxicated. Probation is imposed with random searches, in-house counseling, and restrictions on alcohol use.
OUI charges apply to any motor vehicle, not just cars, trucks, minivans, and motorcycles. It also includes tractors, motorboats, riding lawnmowers, and ATV snowmobiles.
Once arrested for an OUI, OWI, or DUI you will receive a notice of suspension of your driver's license in two to three weeks from the Maine Bureau of Motor Vehicles. The notice takes from two to three weeks to receive via mail; however, you only have 10 days to appeal the Bureau of Motor Vehicles. A skilled attorney knows this process and will go to work for you to protect your rights and driving privileges.

If you have a driver's license in the state of Maine you are under the Implied Consent Law that states – “Any motorist arrested on a OUI, OWI, or DUI charge must give blood, urine, or breath samples at the police station or hospital if requested by the arresting officer.

Alcohol is not the only reason to be charged with operating under the influence. Along with alcohol there are also such drugs as cocaine, LSD, marijuana, and speed. They all carry the same penalties as operating under the influence of alcohol.


First Offense:
          Mandatory 90 days license suspension
          Fine of $500
          Jail time up to 364 days
          $2,000 fine
          One year of probation

First Offense with a BAC above .15%, driving over the speed limit by 30 mph, having a passenger under the age of 21, or running from the cops will bring a mandatory 48 hours in jail.

If the driver refuses to take the test requested by the arresting officer, the mandatory minimum sentence is 96 hours in jail, 90 days driver's license suspension, and a $600 fine.

If the driver is under the age of twenty-one the minimum driver's license suspension is one years.

Second Offense:
          Minimum seven days in jail (12 days for refusal of tests)
          Fine of $700 ($900 for refusal of test)
Driver's license suspension of 18 months with no work-only license option.

If the driver is under the age of twenty-one the driver's license suspension is two years.

Maine also suspends the ability to have a vehicle registered while the license is suspended.

For Third or Fourth Offenses the fines and penalties increase drastically.
If a driver is operating under the influence (OUI) and causes bodily injury, to himself or others, or causes the death of someone the charge will become a felony. The maximum jail time is five years, six years of probation, driver's license suspended for six years, and a $5,000 fine.