DUI Rights Help in Maine – Maine OUI Laws

Fatalities as a result of drunk driving represent almost 30 percent of all traffic related deaths in the state of Maine. Because of this, state and local officials take drinking and driving very seriously, from the small towns to the big cities of Portland, Augusta, and Bar Harbor. If you are arrested and charged with DUI, you will face many consequences that can have a huge impact on your life, including the possibility of 30 days in jail, a hefty fine, and having your license suspended for a period of 90 days.

It is also important to note that Maine follows what is known as an “implied consent law,” which means if the individual refuses to submit to chemical blood alcohol testing, he or she will be subject to immediate fines and license suspension. For those who refuse to take the test on a first offense, their license will be suspended automatically for a period of 275 days. With this in mind, it is easy to see why hiring a DUI attorney to help fight your charges is so important.

Fighting Your DUI Charges

The state of Maine does allow plea bargaining for DUI charges – this means, usually in exchange for the individual pleading guilty, that the charges of DUI are dropped and the individual is charged with a lesser offense. Usually, plea bargains for DUI cases involve having the charge reduced to one of “wet reckless,” which is essentially a reckless driving charge where alcohol is involved. But, the only way to achieve this positive outcome in court is by hiring a knowledgeable DUI attorney who knows the laws in Maine.

When working out a plea bargain, the DUI attorney will often want to present an argument that counters the prosecutor’s accusations. The most popular way to accomplish this is by proving the client’s rights were violated in some way. Your DUI lawyer will ask a series of questions to determine if your rights were violated in any way during your interactions with the arresting officer:

• What was the reason for the traffic stop?
• Was the vehicle in operation when the traffic stop was made?
• What types of sobriety testing did to the arresting officer administer?
• Were your Miranda Rights recited to you before being taken into custody?

The answers to these basic questions will tell your attorney a lot about what happened during the DUI arrest and will help him or her build a strong case for you to have your charges reduced or possibly dismissed.

Protect your rights and learn how to get your Maine OUI charges dismissed. Get Started Now by filling out the Free DUI Arrest Evaluation Form to get the answers you need.

You still have a chance to improve your situation once you learn the steps needed to eliminate your Maine OUI charges. Maine OUI penalties have become inflated calculations by the court system favored towards the courts themselves and attorneys specializing in this field. DUIRights.com has helped thousands of people just like you. Good people with families, jobs, and friends. People who are now facing one of the worst days of their lives after being charged with DUI. We sincerely believe that people who make a mistake shouldn’t have to pay for it the rest of their lives.

No matter how guilty you may think you were at the time of the arrest, we want you to know one important thing: There is ALWAYS an aggressive and effective defense that will help you fight for the best possible outcome. In our experience, many officers do not follow proper field sobriety test procedures. In fact, challenging probable cause and the way field sobriety tests, blood tests and breath tests were administered is often a successful strategy to reduce or drop the charges. Also, many people plead guilty prematurely based on a breath test with a result above the legal limit. This is a common and costly mistake, as there are a variety of ways in having the breath test suppressed as we will show you how to do.

If you rely solely on a public defender to help you, your chances will be limited in preserving financial security and effectively winning your case. With our help, we will show you the easy to understand steps needed to get your Maine OUI charges dismissed effectively and take back the control of your situation by being equipped with the real information and DUI counsel you need to win your case.

DUI Laws in Maine

In Maine, authorities refer to a DUI as Operating Under the Influence, or OUI. Many states are beginning to go this route, as driving under the influence of any intoxicant that prohibits your ability to safely operate a vehicle is illegal.

Consequences for Refusing to Take Chemical Tests in Maine

Like all other states, Maine has an implied consent law. This means that regardless of the outcome of your case in court, you will face the following penalties for refusing to take chemical tests:

• First offense – 275-day suspension of license
• Second offense – 18-month suspension of license
• Third offense – four-year license suspension

BAC Levels in Maine

Maine is a zero-tolerance state for those under 21 with normal BAC levels for everyone else:

• Drivers that are 21 years or older, .08 percent
• Drivers under the age of 21, .00 percent, zero-tolerance state
• Commercial drivers, .04 percent

Is There Mandatory Jail Time Required for a DUI in Maine?

There are mandatory jail sentences in place in Maine, however, the sentences are at or below the average for most other states in the country:

• First time offenders – mandatory 30-day jail sentence
• Second time offenders – mandatory six-month jail sentence
• Third time offenders – mandatory nine months plus one day jail sentence
• Fourth time offenders – mandatory two-year jail sentence

Maine has a 10-year lookback period for sentencing.

Monetary Fines and Penalties for DUI in Maine

First and second offenders face standard fines, but from that point, there is no maximum fine limit:

• First offense – $500 fine
• Second offense – $1,000 fine
• Third offense – minimum $1,000 fine
• Fourth offense – minimum $1,000 fine

License Suspension for DUI in Maine

While first time offenders will face a minimum suspension term, repeat offenders face significantly longer penalties:

• First offense – 90-day suspension
• Second offense – mandatory three-year suspension
• Third offense – mandatory six-year suspension
• Fourth offense – mandatory six-year suspension

An ignition interlock device (IID) is not required for first-time offenders, but all repeat offenders must have the device installed.

Reasons to Hire a Maine DUI Attorney

Maine has little tolerance for drunk driving, so individuals facing this charge should retain legal counsel. Some defendants qualify for public defense services due to their financial situations while others must retain private lawyers. Using a public defender may be less expensive but it could put a DUI offender at higher risk of conviction. Most public defenders have limited knowledge of DUI laws and would rather settle their cases than take them to court.

With a private Maine lawyer dedicated to DUI arrests, a defendant receives someone with the specialized expertise and trial knowledge required to win. A Maine DUI attorney understands state DUI laws and knows how to spot legal infractions made by law enforcement officials. DUI arrest and field sobriety or chemical testing mistakes are identified during case review and used to create an argument that introduces reasonable doubt.

A defendant planning to plead guilty to DUI charges should also consider retaining a DUI lawyer. Though an attorney is not required to enter a guilty plea, the lawyer may be able to negotiate reduced penalties or an exchange of some penalties for others that are less severe. Admitting to the crime without going to jail removes a huge weight from the shoulders of anyone who drives drunk.

Finding a DUI Attorney in Maine

When searching for a DUI lawyer in Maine, do not open the phone book and save yourself the embarrassment of asking for a recommendation. Visit DUIRights.com and let us find the best DUI lawyer to handle the case. Our services are free and so is the initial DUI arrest evaluation provided by the Maine DUI attorney we select.

During the evaluation consultation, ask the lawyer questions about potential penalties and the possibility of winning when pleading innocent. Take time to think about the options and decide whether to retain this attorney to help build and present the defense argument at the DUI trial. Being represented by a DUI lawyer is often the key to winning the case.

Unlike some states, a defendant can plead to the lesser charge of wet reckless in Maine. However, this opportunity is generally reserved for first time offenders that have no extenuating circumstances in their arrest. You may want to consult with an attorney to see if this is possible if you do not want to fight the charges outright. If you are arrested and charged with a DUI in Maine, you can submit your case for a free evaluation and find a licensed, local attorney by filling out the FREE DUI Arrest Evaluation Form!