Portland Maine OUI

Operating Under the Influence (OUI)
In Maine, if a Judge or Jury finds you operated a motor vehicle with a blood alcohol content of .08% or more OR you operated a motor vehicle while impaired to the slightest degree, you are guilty of a criminal offense known as Operating Under the Influence (OUI). You can also be charged with OUI if you are operating or attempting to operate your vehicle while under the influence of illegal or prescription drugs.

Following your arrest, based solely on the police report and blood alcohol content (BAC) test results, the Secretary of State will suspend your license unless you request a hearing within ten (10) days of the date of suspension. This suspension usually takes place prior to any court appearance, so while you're waiting for your day in court, you won't be driving.

It is important to understand that the administrative and criminal penalties are like two sides of the same coin. That means you will need to deal with the Secretary of State and BMV who will seek to suspend your driver’s license or privileges administratively and the court system that has the power to impose fines, jail sentences and additional suspensions. If you are convicted of an OUI and hold an out of state driver’s license, your privileges to drive in the state of Maine will be suspended and Maine will notify your home state which may in turn suspend your actual license.

Criminal Penalties
The State of Maine treats OUI offenders harshly and these are cases not to be taken lightly. If you are convicted of an OUI in Maine, you face some rather stiff penalties. Please keep in mind that these penalties are mandatory minimum penalties. That means they are the minimum penalties provided by statute, none of which may be suspended by the Judge. Misdemeanor OUIs (Class D crimes) can be punished by up to 364 days in jail and a fine of up to $2,000.00. Class C OUIs, which can be charged if you have two prior OUI convictions within a ten year period, carries a maximum prison term of five (5) years and a maximum fine of $5,000.00.

• A. For a person having no previous OUI offenses within a 10-year period, which is a Class D crime:
• 1. A fine of not less than $500, except that if the person failed to submit to a test, a fine of not less than $600;
• 2. A court-ordered suspension of a driver's license for a period of 90 days; and
• 3. A period of incarceration as follows:
  • a. Not less than 48 hours when the person:
  • i. Was tested as having a blood-alcohol level of 0.15% or more;
  • ii. Was exceeding the speed limit by 30 miles per hour or more;
  • iii. Eluded or attempted to elude an officer; or
  • iv. Was operating with a passenger under 21 years of age; and
  • b. Not less than 96 hours when the person failed to submit to a test at the request of a law enforcement officer.
• B.For a person having one previous OUI offense within a 10-year period, which is a Class D crime:
• 1. A fine of not less than $700, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $900;
• 2. A period of incarceration of not less than 7 days, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 12 days;
• 3. A court-ordered suspension of a driver's license for a period of 18 months; and
• 4. In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle.
• C.For a person having 2 previous OUI offenses within a 10-year period, which is a Class C crime:
• 1. A fine of not less than $1,100, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $1,400;
• 2. A period of incarceration of not less than 30 days, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 40 days;
• 3. A court-ordered suspension of a driver's license for a period of 4 years; and
• 4. In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle.
• D.For a person having 3 or more previous OUI offenses within a 10-year period, which is a Class C crime:
• 1. A fine of not less than $2,100, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $2,500;
• 2. A period of incarceration of not less than 6 months, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 6 months and 20 days;
• 3. A court-ordered suspension of a driver's license for a period of 6 years; and
• 4. In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle.
• E.In addition, the court shall order an additional period of license suspension of 275 days for a person sentenced under paragraph A, B, C, D if the person was operating the motor vehicle at the time of the offense with a passenger under 21 years of age.

Administrative License Suspension
Unless a longer period of suspension is otherwise provided by law and imposed by the court, the Secretary of State shall suspend the license of a person convicted of OUI for the following minimum periods:

• A. Ninety days, if the person has one OUI conviction within a 10-year period
• B. Eighteen months, if the person has 2 OUI offenses within a 10-year period;
• C. Four years, if the person has 3 OUI offenses within a 10-year period;
• D. Six years, if the person has 4 or more OUI offenses within a 10-year period.

However, if the Suspension imposed by the Secretary of State is for a Refusal to Submit to a Test, the following penalties apply and any court imposed suspension for a conviction of an OUI offense runs consecutive to the administrative suspension:

• A. 275 days for a 1st Refusal;
• B. Eighteen (18) months for a 2nd Refusal;
• C. Four (4) years for a 3rd Refusal;
• D. Six (6) years for a 4th Refusal.

Work Restricted License
If your driving privileges are suspended by the Secretary of State for a first offense OUI, you have the right to apply for a work restricted license. While there is no guarantee that your petition will be approved, if your BAC is below a .17% your chances of receiving the work restricted license is pretty good. However, if you were suspended for an OUI Refusal, having a minor in the vehicle or you have a prior conviction for OUI, you are not eligible for a work restricted license. The petitioner must show by clear and convincing evidence that:

• A. As determined by the Secretary of State, a license is necessary to operate a motor vehicle:
• 1. Between the residence and a place of employment or in the scope of employment, or both; or
• 2. Between the residence and an educational facility attended by the petitioner if the suspension is under section 2472, subsection 3, paragraph B for a first offense;
• B.No alternative means of transportation is available; and
• C. The petitioner has not, within 10 years, been under suspension for an OUI offense or pursuant to section 2453.

Keep in mind however that if you are ultimately convicted of an OUI, your work restricted license will be revoked and your suspension goes into effect immediately. You will of course receive credit for any suspension time served.

OUI Courts
While there are no specially designated courts for OUIs, all OUIs (unless charged as a felony) will be relegated to the District Court for at least the arraignment period. Upon entering a plea of not guilty, you will have twenty-one (21) days to file a jury trial request and/or pre-trial motions. If you fail to file a jury trial request, you will have waived your right to a jury trial and instead, your case will be decided by a single judge at a bench trial. In addition, if you fail to file any pre-trial motions to suppress, you may be waiving an important opportunity to attack the State’s evidence and in some cases, get the breath test and other evidence excluded due to a violation of your State & Federal Constitutional rights. Always consult with an OUI attorney with questions concerning violations of your constitutional rights or whether you should file a jury trial request.

Breath Testing
The State of Maine uses the Intoxilyzer 5000EN to determine how much alcohol is in your blood by testing a sample of your breath. The Intoxilyzer allows police agencies to use the fastest and least expensive method of testing alcohol quantity in a person’s blood. The person submits a breath sample, which in turn is analyzed by the machine to determine your blood alcohol content. The breath sample you provided is converted into a blood alcohol content. At first blush it would appear that a breath sample in excess of .08% is an open and shut case for the State. However, the Intoxilzyer 5000EN is far from perfect and many innocent and sober persons have been wrongly accused and charged with OUI based solely on the breath test result from an Intoxilyzer 5000EN.

The Intoxilyzer 5000EN is nothing more than an unsophisticated computer. The program language which governs the operation of the computer was written by people who set forth basic assumptions to determine how the computer is going to operate. The assumptions are based on “averages”, ie, average people. That means the Intoxilzer 5000EN doesn’t take into account your age, weight, sex, ethnicity or occupation. Believe it or not, your weight, age and gender can play a large part in determining your blood alcohol content (or BAC). Women are at a greater disadvantage than are men because they generally have a higher body fat percentage, and therefore, an in proportionate blood alcohol reading. There are many reasons for why a person may have a high BAC when they provide a breath sample and not all of them are due to the test subject being intoxicated.