Across the United States, many OUI and DUI laws are becoming standardized. The standard for blood alcohol content, for example, is .08, and any BAC level that meets or exceeds .08 is grounds for an automatic DUI arrest. All states also have an implied consent law that says your consent to a BAC or chemical test is implied by your holding of a driver's license and operation of a vehicle. If you do not consent to a BAC test, you are automatically charged with a DUI, and penalties are often stricter.
First offense OUI in Maine
In Maine, many DUI laws on the books are in keeping with standards set across the country. If you are convicted of a first-offense DUI, the penalties will be serious, but will not likely include extended, if any, jail time.
BMV hearings in Maine
Maine is one of the few states that does not automatically suspend your license if you are charged with OUI. From the date of your arrest, you have ten days to file a hearing with the Maine Bureau of Motor Vehicles (BMV) before your license is suspended. If you do not file for a hearing, you license is automatically suspended. If you do file, you will have to appear before a BMV examiner who will look at the legality of your arrest and the circumstances of your particular case to determine if a license suspension is warranted.
Penalties for a first offense OUI in Maine
If you are convicted of a first offense OUI in Maine, you will face a minimum 90 day license suspension, fines of $400 or more and any additional court costs. You will also have to complete any alcohol awareness training or addiction treatment mandated by the court. In some cases, the court will sentence you to jail time that is often transferred to time served, probation or community service.
More serious charges
If you are found to have circumstances that aggravate your charge, you may face stiffer penalties and jail time. Aggravators for a first offense OUI charge include eluding police, driving more than 30 miles per hour over the speed limit driving with a BAC level of .15 or above or having a passenger in the car under the age of 21.
Refusal of a BAC test
Remember that refusing a BAC test and thereby violating Maine's implied consent law will also come with severe penalties, including automatic and extended license suspension and 96 hours of jail time.
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