Maine DUI Laws and Criminal Law Penalties

By: Criminal Defense Attorney & Maine OUI Lawyer Katherine Campbell, on Behalf of Webb Law Firm, for southern Maine (See map below)

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Understanding Maine OUI Laws and DUI Penalties

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The Maine penalties and consequences for being convicted of violating Maine DUI laws depend on several factors. The first issue deals with OUI repeat offenders (from any state or jurisdiction) who will be sanctioned more harshly than a driver with a first offense DUI. Both loss of driving privileges and criminal law punishments have mandatory, minimum consequences that will be enhanced (if convicted) based upon the number of prior drunk driving offenses you have had.

Next, in addition to this bad news for recidivists, a DUI accident case can significantly ramp up punishments, possibly to a felony level. The severity of the resulting injuries and damages, if any, that occur from your driving under the influence offense determines whether the district attorney will proceed with felony vs misdemeanor charges. So, your OUI in Maine may fall within a wide range of punishments on the Maine DUI laws spectrum.

Third, having a DUI with child in car can boost loss of driving privileges and DUI penalties substantially, especially if several dependent children are passengers. Child endangerment is harshly punished in almost every state, since such passengers have no control over preventing the intoxicated driver from operating under the influence.

What Are Maine DUI Penalties?

First Offense DUI and Second Offense DUI Penalties

If you have not received a DUI in any state or refused a breath test in Maine within the last 10 years, you are considered a first-time offender on your first-time OUI charges. In comparing DUI lawyers near me in the south of Maine, you will find that our attorney ratings and track record are second to none. Not every Maine drunk driving lawyer has successfully beaten a blood test or a high BAC alcohol level of 0.20 or more.

For first OUI offenses occurring BEFORE December 1, 2013:

Mandatory minimum 90-day license suspension and a $500 fine if there are no aggravating circumstances. Ineligible for a work-only license during the first 60 days of the suspension. Fines carry substantial surcharges (20%) plus additional fees.

Mandatory two-day jail sentence if there is an aggravating factor, such as a blood alcohol content (BAC) of .15% or higher, passengers under the age of 21, or speeding in excess of 30 mph over the speed limit.

Mandatory four-day jail term, minimum $600 fine if you refuse the breath or blood alcohol test. The 90-day conviction suspension is consecutive to (in addition to) the refusal suspension. See Refusals below.

Many judges routinely exceed minimums at sentencing, especially jail time.

For first DUI offenses occurring ON or AFTER December 1, 2013:

Mandatory minimum 150-day license suspension and a $500 fine if there are no aggravating circumstances. Ineligible for a work-only license during the first 100 days of the suspension. If alcohol school is completed a full license is allowed after 30 days with the installation of an Ignition Interlock Device until the end of the 150 days. Fines carry substantial surcharges (20%) plus additional fees.

Mandatory two-day jail sentence if there is an aggravating circumstance, such as a blood alcohol content (BAC) of .15% or higher, passengers under the age of 21, or speeding in excess of 30 mph over speed limit.

Mandatory four-day jail term, minimum $600 fine if you refuse the breath or blood alcohol test. The 150-day conviction suspension is consecutive to (in addition to) the refusal suspension. See Refusals below.

Many judges routinely exceed minimums at sentencing.

Maximum penalty of five years in prison, $5,000 fine and two-year probation

Minimum thirty-day jail sentence and $1,100 fine (forty days for refusing testing and $1,400 fine)

Six-year license suspension without work-only license and suspension of right to register a vehicle

Suspension may be shortened to three years if Ignition Interlock Device is installed for three years

Most judges routinely exceed the State law minimums at sentencing.

If you were convicted of a DUI-DWI-OUI in any state or refused a breath test in Maine within the last 10 years, you are considered a second offender.

Mandatory minimum three-year license and registration suspension, seven-day jail sentence and $700 fine for a second Maine DUI conviction within ten years. If alcohol counseling is completed full license and vehicle registration is allowed after nine months with the installation of an Ignition Interlock Device for two years.

Mandatory twelve-day jail term, minimum $600 fine if you refuse the breath or blood alcohol test. The three-year conviction suspension is consecutive to (in addition to) the refusal suspension. See Refusals below.

Many judges routinely exceed minimums at sentencing.

An Ignition Interlock Ignition Device requires the vehicle’s operator to take and pass a breathalyzer test before the vehicle will start.

Maine Class C and Class B Felony DUI Penalties

In Maine, a third or subsequent DUI conviction within ten years or a DUI accident resulting in serious injury is a Class C felony. Below are the punishments for each.

Third Offense, Fourth Offense and DUIs With Accident With Serious Injury

Maximum penalty of five years in prison, $5,000 fine and two-year probation

Minimum six-month jail term and $2,100 fine (six months and twenty days and $2,500 for refusing testing)

Eight-year license suspension without work-only license and suspension of right to register a vehicle

Drivers must install an Ignition Interlock Device for four years AFTER the suspension

Most judges routinely exceed these minimums at sentencing.

DUI With Accident Involving Serious Injury

Maximum penalty of five years in prison, $5,000 fine and two-year probation

Minimum six-month jail term and $2,100 fine (six months and twenty days and $2,500 for refusing testing)

Six-year license suspension without work-only license and suspension of right to register a vehicle

Suspension may be shortened to three years if Ignition Interlock Device is installed for three years

Judges almost all exceed these minimums at sentencing, especially if one or more aggravating factors are involved in your DUI case.

Accident With Prior OUI Causing Death Case or Prior Felony DUI Conviction

A Maine DUI with an accident causing a death or where the driver has a prior felony DUI conviction are Class B felonies. Call our Portland OUI attorneys to speak to a criminal defense lawyer who knows this court and its prosecutors.

The consequences for these DUI offenses are:

Maximum penalty of ten years in prison, $20,000 fine and three-year probation

Minimum six-month (180 day) jail term, fine of not less than $2,100

Ten-year license suspension without a work-only license and the suspension of the right to register a vehicle

Judges almost all exceed these minimums at sentencing.

Contact Webb Law Firm Today to Fight an OUI Charge or Other Federal or State Criminal Offense

With offices in Saco and in Portland, ME, Big John Webb leads Webb Law Firm for criminal defense south of Augusta, Maine. The Pine Tree State is large, and going any further north is not feasible, in light of our winters here. Our Saco OUI lawyers nearby can defend you at all stages of the criminal case from field sobriety tests to a “not guilty” verdict. If you have a trial lawyer who is unafraid of going forward with litigation, the prosecutors know it.

Our DUI attorneys seek to AVOID a conviction, and thereby protect your criminal history and reputation in the community. If a DUI arrest cannot be avoided, winning at trial is our law firm’s goal. When researching law firms near me in the south part of Maine, you will find that our reputation is stellar.

For a FREE lawyer consultation, contact the Webb Law Firm by calling 207-283-6400. Our lawyers in Maine cover our calls 24 hours a day, 7 days a week. You may also contact the Webb Law Firm by using our convenient online contact form.

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