Arrested for OUI?

We Can Help

Being charged with an OUI, or Operating Under the Influence, is a serious charge.  Penalties are severe, even for a first offense.  License suspension, fines and jail time are all on the table once you are charged.  Perhaps even more serious are the potential consequences for your job or employment.  Many employers may fire you for being charged or convicted of a criminal offense.  Even if you remain employed, losing your license may make it extremely difficult or impossible to get to or perform your job. 

 

How can a Maine OUI Attorney Help?

 

We can help in many ways.

 

First, we can offer piece of mind that you will be represented by a skilled lawyer who has done this before.  You will be fully informed of all of our options, get quick answers to your questions and know that you will have someone by our side to navigate the legal process.  This reduces stress, which is a major factor in getting into criminal trouble in the first place, and allows you to focus on what you need to do. 

 

Second, we can offer a strong defense.  Through all stages, from arrest to trial or appeal, we will fight vigorously to defend your rights and reputation.  As soon as you hire us, we will explore every possible avenue to secure the result you need.  If it comes to a trial we will be there with our experience on major cases.  Don’t go to court unrepresented.  Go to court with a lawyer who knows what the prosecutors and judges are looking for. 

 

Third, we offer knowledge that you may not find elsewhere.  Did you know that you may be able to get a stay (delay) of your BMV administrative suspension if you request a hearing?  Now you do.  Did you know that an BMV administrative suspension for refusal to take a test is consecutive (runs in addition to) to any court-imposed suspension? Some lawyers don’t.  Did you know that you are not required to perform field sobriety tests, but you are required to submit to a breath or chemical test?  Bet you wish you did.  

 

The list goes on but we can’t give away all our secrets online!  Hire us now so we can continue to help.

Plain and Simple OUI Law and Penalties

Operating Under the Influence in Maine.  Drunk Driving in Maine.  OUI, DUI, DWI.

 

It goes by many names, but it all means the same thing: you are accused of operating a motor vehicle while impaired by alcohol or drugs. 

Maine Drunk Driving Law

In Maine, a person commits OUI if that person, beyond a reasonable doubt:
 

A. Operates a motor vehicle:

(1) While under the influence of intoxicants; or

(2) While having an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of

blood or 210 liters of breath; Maine OUI Statute.

 

 

 

 

 

Jail time and fines listed are the mandatory minimums.  Jail time, fines and probation can increase based on a number of factors.

Court-imposed OUI penalties.

 BMV/Bureau of Motor Vehicle imposed OUI penalties.

*Aggravating factors include a BAC of .15 percent or more, or traveling 30 m.p.h. or more over the speed limit, or attempting to elude an officer of the law, or having a passenger under 21 years of age. The law requires an additional 275 day suspension be imposed by the court or the Secretary of State if transporting a passenger under 21.

**Refusal to be tested results in a loss of license for at least 275 days which is consecutive to any suspension imposed for an OUI conviction.

***A second conviction within ten years prohibits the offender from obtaining a work-restricted license or from registering a vehicle.

This is just a basic starting point for understanding the law and penalties for drunk driving in Maine.  Different facts and circumstances may result in different application of the laws.  We have years of experience defending against these types of charges.  Call us so we can help.

 

Drunk Driving Consequences

OUI Punishment Beyond Court. Collateral Consequences for OUI.

The court can do the obvious: order you to jail, probation, fines or license suspension.  However, for some people it is the least of their worries.  It’s the things that happen to you outside of court as a result of a OUI conviction that really case damage and worry. 

 

OUI Loss of employment.  This one almost goes without saying, but employers can and do fire employees for criminal charges or criminal convictions. 

 

OUI Difficulty finding employment.  Employers may have restrictions on who they can or are willing to hire.  An OUI on your record can make employers ignore your application or reject you upon a criminal background check.  

 

OUI Professional license suspension, revocation or ineligibility.  I.e. Nursing license suspension; Medical license suspension; Commercial driver’s license revocation; Financial license suspension.

 

OUI Auto insurance premium increase.  Auto insurers can significantly increase the amount you must pay for your premiums.  The increase on your auto insurance premium may amount to thousands of dollars over the time the conviction remains on your driving record.

 

OUI SR-22 insurance. The BMV or Bureau of Motor Vehicles may require you to maintain evidence of insurance with them.  That means you must have your insurance company send proof of your auto insurance to the BMV.  That can be an embarrassing and time-consuming thing do to.  Almost always having so called SR-22 insurance will cost you more, as your insurance company will find out that you have an OUi conviction and increase your premiums. 

 

OUI Online or social media.  It is a digital world now and almost everything about you can be found on the internet.  That includes an OUI arrest or conviction.

 

OUI School.  Schools can deny applications on criminal convictions.  Schools can suspend or expel you for criminal convictions or place you on academic probation. 

 

OUI Financial aid.  A person convicted of any offense involved with the possession of drugs can become ineligible for federal student loans, grants, or work assistance for higher education.  Many OUI offenses involve drugs and include additional charges such as possession of scheduled drugs.

 

OUI Military.  The military can deny enlistment based on criminal convictions.  Military members can face discharge from the military, military punishment or other sanctions imposed by the military.

 

OUI No entry into Canada.  Canada has a strict policy of not allowing people convicted of operating under the influence into their country.  Entry to Canada may be denied for years and you must go through a lengthy process to apply for entry if you have a conviction.  This is true even if you are just visiting family or friends. 

 

OUI Immigration.  Non-citizens may face immigration consequences for criminal convictions.  Immigrants operating under the influence may face deportation, difficulty or inability to travel or relocate.

 

OUI Federal benefits. Many federal benefits such as TANF, SNAP, SSI or SSDI may be impacted or shut off as a result of convictions or incarceration.

OUI Firearms.  Certain OUI offense are felonies.  Any felony conviction prohibits you from using or possessing firearms or ammunition for your entire life.

 

OUI Voting.  Many states prohibit felons from voting.

 

And the list goes on. 

 

Defend yourself.  Call us so we can help.

 

©2019 by McKenna Deschuytner, PLLC. 

DISCLAIMER

The materials on this site are provided for informational purposes only, do not constitute legal advice, and are not guaranteed to be correct, complete, or up-to-date.

This site is not intended to create an attorney-client relationship between you and McKenna Deschuytner, PLLC, and you should not act or rely on any information in this site without seeking the advice of an attorney. Any communication with us does not create an attorney-client relationship.