Operating underneath the influence (OUI) in Maine is exactly the same charge as a misdemeanor offense called “driving underneath the influence” or DUI in other states. A few states utilize the acronym “OWI” meaning operating while intoxicated. If you should be vacationing in Maine and get arrested for OUI, your property state’s motor vehicle department (DMV) will receive notice and you may face consequences back home. So it will be smart to at the least speak to a skilled OUI lawyer who has offered his legal services for over 20 years in Saco ME and Portland ME.
Being charged by having an OUI ensures that you’re driving or trying to use a car (that’s any motorized vehicle) while underneath the influence of drugs or alcohol.
For an OUI in Maine, the legal blood alcohol concentration (BAC) limit for alcohol in your blood or breath is 0.08%. If you’re over this, you may be charged by having an OUI.
If drugs – including prescription drugs – are impairing your ability to drive by any means, you can even find yourself in court on the charge of DUI Drugs.
This is why you’ll need the experienced legal services of a criminal lawyer near me in the event that you got pulled over by the cops and taken to jail for impaired driving. Maine criminal lawyer John S. Webb is well-known in Southern Maine, and along with his associate Vincent S. LoConte, John handles other cases like drug possession, theft, and assault.
An OUI in Maine Can Be a Misdemeanor Or even a Felony
Most OUIs in Maine are classified as Class D or Class E misdemeanors and the penalties upon conviction can include jail time, court fines, and lack of driver’s license. A Maine OUI law crime becomes a felony as it reaches Class C status, for a 3rd of more impaired driving offense within 10 years. A Class C crime is really a felony, and punishable by around five years’imprisonment and a fine all the way to $5,000.
An OUI in Maine is not comparable at all to “lighter” charges of speeding or parking offenses. You won’t just get a ticket and a hit on the wrist.
If you should be up against multiple counts of OUI as time passes, you could lose your driver’s license for years.
You’ll need someone with the legal expertise to guard your legal rights in court. The end result would have a big impact in your day to day life.
OUI legal consequences may be increased when an OUI car operator refuses to take the post-arrest breathalyzer or blood test, both in terms of minimum fines and in lack of driving privileges. Plus, certain “dangerousness” factors creating aggravated OUI Maine punishments like a high BAC or having children as passengers in the automobile while DUI can boost punishment at sentencing.
What Are the Conviction Penalties for OUI?
An OUI in Maine may result in a big court fine in the 1000s of dollars.
The very first time you’re convicted of a primary OUI, you will soon be fined no less than $500. If you can find aggravating factors, you will end up sent to jail for 48 hours or more.
Fines rack up the more times you’re convicted. If it’s your 4th conviction or maybe more, courts must impose at the least a $2,500 fine.
Additionally it is worth noting that refusing to have a blood test results in much harsher penalties than giving one. For example, there’s a minimum suspension of 150 days following a first conviction.
That jumps to 275 days on a primary conviction where you refuse to give a sample.
Being suspended adds to the financial penalty in a way. It indicates you’ll have to fund public transport during your suspension.
To stand the very best chance of minimizing the sentence, or getting the case dismissed altogether, you will need a lawyer to represent you.
Special OUI Laws for Young Drivers – Under 21
If you’re under 21, the drunk driving law is even harsher. The State of Maine operates what it calls a Zero Tolerance Law.
If you should be within the control of a motor vehicle with any measurable alcohol in your blood, you will end up banned from driving for an entire year. This means while adults over 21 are held to a 0.08% BAC, under 21 drivers may be arrested for driving around with a 0.01% BAC.
Passengers in your car or truck that are under 21 years of age could make things worse for you. You can receive an additional 180-day suspension from driving.
This is actually the last thing any university student, first jobber, or young parent needs.
You need a criminal lawyer near me who knows what the exemption means and how it works in a legal sense to fight for you in court.
An OUI Lawyer Must Have Courtroom Experience
The legal system is complex. Particularly when you’re standing facing a judge deciding your future, you need to know things to say.
However, it’s more than apologizing and moving on. Courts have strict protocols that criminal lawyers near me are very much conscious of, but members of people aren’t.
For example, creating a mistake on a questionnaire might appear like no big deal to you. However, in court, the prosecution may have the complete document trashed for that kind of error.
Meanwhile, your lawyer can utilize the same tactic to own documents filed by the authorities thrown out. We’re experts at spotting mistakes and with them to your advantage, whereas you’ve probably never seen the shape before.
This will sometimes be enough with an entire case trashed by the judge.
Taking a stand in court is really a big deal, which may be intimidating if you’re not used to it. So, in any case, it’s good with an experienced guiding hand to walk you through the procedure, direct your actions and represent you.
Your OUI Lawyer Must Not Be Afraid to Negotiate
If the judgment for an OUI in Maine is likely to not in favor of you, your lawyer can still help keep penalties to a minimum. They do this by speaking with the judge and striking a handle the prosecution.
With years of experience negotiating with senior police officers and judges, an excellent lawyer is your very best bet as it pertains to minimizing the sentence against you.
You won’t log off completely, but what you need to know in regards to the penalties we mentioned earlier is they are minimum sentences.
The court can opt to be much harsher than this. This will depend on the circumstances of one’s case.
Your lawyer may have the ability to cut a deal. For example, they could claim that in trade for pleading guilty and saving the court time, the prosecution agrees to just accept the minimum sentence.
Hire the Maine OUI Lawyer With the Highest Attorney Ratings
You never just need any lawyer to represent you. Not all lawyers are experts in Maine state law, and not absolutely all lawyers are as acquainted with OUI charges as others. You need a specialist who has handled a huge selection of cases and who features a good working relationship with prosecutors and judges.
Attorney John Scott Webb is really a qualified and experienced Maine lawyer who specializes in defending clients against these charges. Call him if you’re fighting an OUI in Maine and he will show you his top lawyer ratings.
Here’s an example of a recently available case where a not guilty verdict was delivered. In this case, the client’s blood alcohol was recorded at 0.21% – way above the legal limit of 0.08%.
We believed that the officer’s account lacked veracity and successfully delivered justice for the client.
Every case will turn on its facts, and the evidence delivered to court. But it’s the focus on detail that John puts into each and every case that delivers the perfect results for our clients.
Any time is the best time for you to take up a conversation with our legal staff. We will ask you a few of the details of one’s case while on the phone, for instance your name, email address, phone number, charges, city or county, arresting officer name, and when you are scheduled to appear in court.
