Being arrested for OUI is a serious offense that can have significant consequences, including jail time, loss of driving privileges, and monetary fines.  It is imperative that anyone facing such a charge understand what challenges they will encounter.  Seeking the legal advice of a competent and experienced OUI attorney will help you understand all of your rights and options.

What happens if I was arrested for OUI?
Under Maine law, once you have been cited for violating the OUI statute, the state initiates two simultaneous, yet separate legal actions against you.  The Criminal Action is in response to the ticket that was issued to you, while the Administrative Action is brought against your driver’s license by the Maine Bureau of Motor Vehicles.  While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately.

Administrative Hearing
Pursuant to Maine law, an individual has 10 days to request an Administrative Hearing from the Bureau of Motor Vehicles.    If you fail to request a hearing within 10 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame.  In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Bureau of Motor Vehicles within 10 days. 

OUI Penalties for First Time Offenders

Jail Time
A first time OUI offender likely will not face any jail time, unless there are aggravating factors, in which case the sentence imposed is 48 hours imprisonment.  Aggravating factors include a blood alcohol content (BAC) of 0.15% or greater, traveling 30 mph or more over the speed limit, or having a passenger under 21 years of age.

Monetary Fines
The minimum fine for a first time OUI is $400.00.

Driving Privileges
An OUI conviction results in the suspension of driving privileges for at least 90 days.

Chemical Test Refusal
Refusing to submit to a test when requested by law enforcement will result in the automatic suspension of driving privileges for 90 days.  Additionally, refusal will result in imprisonment for 96 hours, a $500.00 fine, and loss of license for at least 275 days which is consecutive to the suspension imposed for an OUI conviction.

Commercial Drivers
Commercial drivers are in violation of the OUI statute with a blood alcohol content (BAC) of 0.04.  A first time OUI conviction will result in the loss of the commercial driver’s license for 1 year, while any subsequent OUI offenses will result in a lifetime loss of the commercial license. 

Alcohol Evaluation
Successful completion of a drug and alcohol program may be required for reinstatement of driving privileges. 

OUI Subsequent Offenses
Penalties are increasingly more severe for any additional OUI violations.  Due to the complexity of OUI laws, you may not be aware of your rights and the potential defenses available to your case.  An experienced and competent attorney can guide you through this emotionally challenging process.  Please contact a lawyer for an immediate, free consultation.