OUI Sentencing FAQ in Maine

207-571-8146

Anyone arrested in the state of Maine for operating under the influence of drugs/alcohol, OUI, is certain to have dozens of questions on the subject of prospective sentences, his/her future criminal record, and the future overall. even though only a professional OUI attorney can answer every question you may have, here are some of the most frequently asked questions as regards to sentencing and the foreseeable future:

Could I get jail time for a first offense?

Yes, but it is less likely for a first offense than for repeat offenses. In order to increase the risk of jail time, there must be aggravating factors present. This may include serious injuries, property damage, or fatalities, or may be something simpler, like driving more than thirty miles per hour over the posted speed limit or having a blood alcohol level of .15% or greater.

How much jail time am I looking at for a second offense without aggravating factors?

The state minimum for a second offense is one week of jail time, which is increased to twelve days if you refused to submit to submit to chemical testing. Keep in mind that only your attorney can tell you if there are aggravating factors, since this means more than just injuries or accidents.

I was charged with OUI for the third time, and this time there were injuries and an accident involved. Does this increase my punishment?

Maine's minimum jail time for a third offense is thirty days of jail time, and this will likely be increased if accidents and/or injuries were involved. It depends on the severity and extent of each, and a few other factors as well. The existence of other aggravating factors can also complicate the case. Furthermore, a 3rd offense within 10 years is a felony in Maine.

This is my second OUI charge, but it has been less than ten years since my first conviction. Will that make a difference in sentencing?

The ten-year window will definitely make a difference in sentencing, especially from a driving privileges perspective. If it has been more than ten years, most judges will treat the offense much like a first offense, while less than ten years gives rise to more jail time, more expensive fines, and longer loss of driving privileges.

WTB Law

Here at WTB Law, we provide professional and aggressive criminal defense representation that exceeds the expectations of our clients and secures their freedom and their future.

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What distinguishes our firm from the numerous law firms throughout the state is that we genuinely care about the well-being of our clients. Because Attorney Bly is a sole practitioner, every client receives hands-on and personalized attention from Attorney Bly and our staff throughout the entirety of their case.

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