Maine Second OUI Offense Attorneys
Experienced Attorney Serving the Portland, Augusta, Bangor, Biddeford, and Saco Regions
Operating Under the Influence or OUI is the term used in Maine to describe the offense of driving a vehicle while impaired by drugs or alcohol. Some states refer to OUI as DUI or DWI, but they all describe the same crime. If you are arrested by police and have drugs in your system or are intoxicated by alcohol over the legal limit, you will face Class D charges or greater.
After an OUI arrest occurs, if you are found to have a previous OUI conviction in the past 10 years, you will face steep penalties. If you have had one previous OUI/DUI conviction during that time period, you will be charged with a 2nd OUI offense. This is an important distinction to make because the minimum penalties increase with each prior conviction on your record. A 2nd offense means a steeper sentence that a first offense, but a lesser sentence than if it were a 3rd OUI offense.
You will be convicted for an OUI if you are proven to have been operating a vehicle while either:
- Under the influence of illegal, over the counter or prescription drugs
- With a blood alcohol concentration (BAC) or .08% or greater
Both of these are not instantly provable, so you will likely be arrested on the suspicion that you are intoxicated. Chemical breath or blood tests that give the most accurate results will take time to produce results so you could be arrested for OUI without even knowing yourself if you were over the legal limit. That is why it is important to call an OUI attorney right after an arrest. Our lawyers know how to find out what evidence the State has against you and begin building your defense right away.
Penalties for a 2nd OUI in Maine
If you are being charged with OUI in Maine for a second time on ten years, you should know that the penalties will be greater. There is no way to know in advance what your sentence will be if you are found guilty. It will be up to the judge to decide what punishment they think is fair. Maine criminal code §2411 does set minimum requires for sentencing as follows:
(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 3 years; and (4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle; [2007, c. 531, §10 (AFF); 2007, c. 531, §2 (AMD).] You will also have to undergo a drug or alcohol program of the Department of Health and Human Services.
Remember, these are the minimum penalties. If there are additional factors in your case, the sentence could be even worse. During an OUI arrest, police look for circumstances that prove you were not only intoxicated but were a danger to other people. These circumstances are used against you and can lead to additional charges or to increase your sentence. They are often referred to as aggravating factors. These factors include the following:
You were driving with what is considered an extremely elevated BAC level of .15% or greater
You were stopped for speeding 30 mph or more over the legal limit
You eluded police or attempted to elude police
You were driving with a minor under 21 years of age in your car
You refused to take a chemical sobriety test
You seriously injured another driver or passenger
You caused an accident that lead to a loss of life
You have previously been convicted of a vehicular homicide. If any of these issues are present, you will receive harsher sentencing.
Maine OUI Defense Lawyer
If you have been arrested for OUI and you have a prior conviction in the past ten years on your record, call our office right away.. The more prior DUI convictions that you have on your record, the more important it is to make sure that you have competent legal representation. There is important information about your case that you need to know. Even if you have been through the DUI legal process before, you should still speak with a lawyer to make sure that none of your rights were violated. For example, if you were stopped at a police checkpoint that was setup without following standard protocol, your arrest could be invalid. Likewise, if the arresting officer failed to read you your rights or made any other sort of mistake, your charges could be dropped based on the severity of the constitutional violation.