Southern Maine Criminal Lawyer BlogIn this aticle, the abbreviations “D.U.I.” and O.U.I.” are used interchangeably. The reason for that is DUI is the most widely used acronym for the crime of drunk driving, but the Maine Legislature named our driving under the influence law “operating” under the influence, which is the OUI meaning. The DUI meaning is “driving under the influence.”
The OUI legal consequences can be increased by certain behavior or circumstances associated with this specific arrest, which can cause an aggravated OUI Maine. Far too many attorneys in Maine don’t know how to successfully fight a first time DUI offense in Maine.
In many of our Portland DUI arrests, lawyers lure a person to hire them by quoting a low fee, only to “fold the tent” and plead the client guilty to OUI without any meaningful “fight.” This is not how our legal team members approach driving while intoxicated defense, because the person could have done that without a lawyer!
Why Fighting a DUI First Offense Is So Important
Because not every Maine DUI attorney is “equipped” to fight every intoxicated driving case, including a DUI first offence. To be able to “win” most cases, the attorney cannot get that enhanced ability just by having a Bar License from the State of Maine.
Additional training and trial skills education is the key to finding alternative dispositions for operating a motor vehicle under the influence. Not only does our law firm founder, DUI lawyer Saco Maine John Webb, have this training, but all three other DUI lawyers in Maine, and Webb Law Maine have also undergone that trial preparation regimen.
So, anywhere in southern Maine, our criminal lawyers near me will fight every DUI charge. Beating a 1st DUI offense is highly important to our clients since that 1st offense DUI cannot EVER be dropped from your criminal history. You take that DUI first offense Maine TO THE GRAVE.
So, if you are looking for DUI attorneys in Maine who fight relentlessly to beat a DUI Maine first offense, you have found that Firm’s website. By far, Maine DUI laws first offense are the least punitive, but that does NOT mean that you should just “bite the bullet” and plead guilty. That conviction will HAUNT you for the remainder of your life.
Mandatory Minimum Punishments Exist under Maine DUI Laws
Laws prohibiting DUI in Maine provide for a mandatory minimum forty-eight hours in jail for a first offense OUI in Maine, under Title 29-A, Sec. 2411, subsection 5 (A) (3):
(3) A period of incarceration as follows: (a) Not less than 48 hours when the person:
(i) Was tested as having an alcohol level of 0.15 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath;
(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.
The helpful chart below gives you a quick overview of the rapid increase in punishments for repeat OUI crimes in Maine. Think of how valuable it would be if you BEAT the first OUI in ME, and (if later arrested) would only be facing first DUI penalties for THAT new arrest!
What Happens if This Is Not My First Offense DUI?
Under federal guidelines handled down by the National Highway Traffic Safety Administration (N.H.T.S.A.) all states must INCREASE punishments and license suspension periods substantially for those who reoffend, by risky behavior on our roadways through impaired driving.
For example, for a 2nd OUI in Maine, this will be increased to a Class D crime. This then requires not fewer than seven (7) days minimum jail time, and a much harsher driver license suspension period of three years. Also, those who have refused the post-arrest testing must serve 12 days in jail and pay a higher fine.
Then for a third ME OUI, this crime is enhanced to be a Class C crime and brings at least 30 days of jail time. Following the pattern of harsher jail time for those who rejected being tested post-arrest, 40 days is the minimum jail time for those convicted drivers. Then, the six-year license revocation is also highly punitive, and costly for the driver to endure.
Implied consent laws in Maine permit breath tests on the Intoxilyzer 8000 device or by a blood extraction. The Intoxilyzer 8000 forensic breathalyzer is used for most post-arrest testing, and these devices are housed at the jail for that jurisdiction.
This plug-into-the-wall, tabletop machine should not be confused with the hand-held, portable breathalyzer carried by the law enforcement officer that pulled you over. This small, portable breath tester is optional, voluntary, and you should always politely refuse to blow into it.
Another device that some people call a car breathalyzer is an ignition interlock device that gets installed on your vehicle and monitored each week. If your BAC is above a certain number when you blow into the mouth tube your car engine will not start. You are required to then wait before trying again.
You are also required to give breath samples at random intervals as you drive down the road. The device will alert you to pull over and give another sample. If you ignore the alert your horn may start honking continuously as you drive down the road.
Maine drinking laws (of convicted) carry very tough punishments. Maine OUI laws can be felony of misdemeanor, depending on the offender’s prior criminal history. You need top criminal defense attorneys at your side in Court, and our law firm in southern Maine has four top-rated OUI attorneys.
Our Legal Firm Offers a FREE Attorney Consultation for Initial Law Advice on OUI-DUI Charges
If you’re charged with a DUI-OUI in Maine, it’s time to get a lawyer. Our southern Maine firm offers legal fee payment plans and a free consultation. Call now and let our criminal defense lawyers shift this heavy burden off your shoulders and onto ours.
Our DUI lawyers in southern Maine are always available, 24/7, to assist in emergencies. Get free legal advice during your FREE consultation. Don’t wait any longer!
RED ALERT!! Maine OUI laws give you only 10 days to appeal the suspension of your driver’s license after a drunk driving arrest. Other states typically allow 30 days, but not in Maine.
Refusing to take a breathalyzer test or submitting to testing and yielding a blood alcohol content “over the legal limit” will result in a suspension of your driving privileges. Drivers in Maine who decline post-arrest testing will face severe suspension consequences from the Secretary of State, and (if convicted) harsher jail penalties.
Our attorneys are available 24/7 to help you file an administrative license suspension appeal within the 10 day “window” after your DUI-OUI arrest.
Other Helpful Links
The many Acronyms for DUI-DWI in America
A Sample Attorney Rating for John Webb
I hired John twice to help with two different legal situations. He was outstanding in every regard for both cases. For one of the cases, we were led to believe it was hopeless, until we met John Webb. John much to my surprise took the case, and gave us hope. I know for a fact he worked over and beyond what he charged us for, and landed a very favorable result. You cannot get a more honest, hard working, knowledgeable, skilled lawyer than John Webb.
– Maureen
Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail for our Maine DUI lawyers near me does not create an attorney-client relationship.
Copyright © 2024, Webb Law Firm