Maine DUI Lawyer

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Maine DUI Lawyer

Increased resources over the last several years in Maine have resulted in the conviction of more and more drivers operating under the influence than ever before.

Enforcement: Special funds have been made available to law enforcement agencies for road blocks and special patrols aimed solely at apprehending impaired drivers.

Alcohol Testing: Instant, reliable testing equipment is now available statewide, even in many remote areas, for measuring the alcohol content of driver's blood.

OUI Drug Law: Maine has trained police officers to detect the presence of drugs other than alcohol in impaired drivers. The Drug Evaluation and Classification Program provide the evidence needed to successfully prosecute drivers for operating under the influence.

Public Outcry: Thanks to the effort of many organizations in the area of public information and education, it is no longer a socially acceptable practice to drive impaired by alcohol or any other drug.


Blood Alcohol Limits: 

In Maine, you are considered operating while under the influence of alcohol (OUI) if you are found to have a blood-alcohol concentration (BAC) of more than 0.08%. Blood-alcohol content is measured by law enforcement authorities with either a breath analyzer or a blood test.

If you refuse to take a test, your driver's license can be automatically suspended for up to a whopping six years with no hearing. If you haven't been drinking, it's worthwhile to take the test, which can prove you innocent of OUI―as well as guilty.

OUI Penalties

Maine has stiff penalties that kick in as soon as you are arrested for OUI for the first time:

Upon being arrested for OUI, your license will be immediately suspended. You cannot attempt to get your license back until you face a judge for the first time.

If you are convicted of a first offense with no aggravating factors, you will lose your license for 90 days and be fined a minimum of $400.


Aggravating factors include any of the following:


·        BAC of 0.15% or more

·        Traveling 30 mph or more over the speed limit

·        Trying to elude a police officer

·        Having a passenger under 21 years of age


If you have any aggravating factors in your first offense, the judge can add at least 48 hours of jail time to your sentence. If you refuse to be tested for BAC, jail time goes up to 96 hours and the minimum fine goes up to $500, along with an automatic license suspension of 275 days.


 Minimum Court Imposed Penalties for OUI:



Jail Time:


1st no aggravating factors

90 days



1st w/aggravating factors*

90 days

48 hours


1st (refusal)**

90 days

96 hours



18 months

7 days


2nd (refusal)

18 months

12 days



4 years

30 days


3rd (refusal)

4 years

40 days


4th or more

6 years

6 months


4th (refusal)

6 years

6 months & 20 days



Zero Tolerance Law:

If you are under 21 years old and are found operating, or attempting to operate, a motor vehicle with any measurable amount of alcohol in your body, you will lose your license for one year. If you refuse a chemical test, you will lose your license for at least 18 months. If you have a passenger under 21 years of age in the car, an additional 180-day suspension will be imposed.


Implied Consent: 

It is important for Maine drivers to remember that a driver's license is not a right guaranteed under our Constitution. It is a privilege that is administratively issued and can be withdrawn by the State. Under Implied Consent, you automatically agree to a chemical test (blood, breath, or urine) at any time authorities have probable cause to administer it. If you refuse to take such a test for alcohol or drugs, your driver's license will be immediately suspended. The suspension could be for a period of up to six years. Because it is an administrative suspension, no court action is necessary. In addition, testimony from the arresting officer regarding your driving performance can result in an OUI conviction even without the BAC test!

If you are found guilty of OUI based on the police officer's testimony, your refusal to take a test will be considered as an aggravating factor by the judge and another suspension, as well as mandatory jail time, will be tacked on. So by refusing, you will have a much harsher penalty than if you'd taken the test.

Remember a test can protect you. If you are not legally intoxicated, the test will show it.


Driving & Drugs in Maine: 

A drug is a substance that changes your feelings, perceptions and behavior when you use it. Once under the influence of a drug, you become a poor judge of your ability to drive. On some drugs, other sensations and feelings become more important to you than the road. On others, you become numb to you surroundings and less and less able to deal with the risks and details of driving.

Look closely at the types of drugs people use today and see why having them in your system makes you an irresponsible, dangerous out-of-control driver:



It produces a dreamy state of mind and creates the illusion that your senses are sharper than ever. While it's true that your attention becomes focused, you actually become preoccupied with unusual thoughts or visions, not the road. That "spaced out" feeling alters your sense of time and space, making it difficult to make quick decisions, judge distances and speed, and causes slow, disconnected thoughts, poor memory and paranoia. Even hours after the effect is gone, this inability to deal with the unexpected lingers.

Other Hallucinogens:

The stronger, psychedelic drugs like LSD, PCP, and Mescaline so disorient the user that driving becomes almost irrelevant. Under the influence of these drugs, you are likely to see, hear, smell and feel things that aren't even there, and you concentrate on these hallucinations to the exclusion of anything so ordinary as the road. These bizarre thoughts can bring on a kind of panic that could cause total loss of control.



Glue, paint, solvents, aerosols and other products whose fumes are very powerful can produce mind changes similar to hallucinogenic drugs, with the same bad consequences for driving.



The "upper" drugs, like cocaine and speed, increase physical energy and mental excitement by suddenly speeding up heart rate and blood pressure. Driving under the influence of this artificial energy makes it difficult to sit still, concentrate on the road, or make rational judgments about traffic. These surges of energy interfere with the calm state of mind needed to be a good driver. And when the high is gone, the user crashes with feelings of extreme fatigue and depression.



The "downer" drugs, like barbiturates and tranquilizers, numb the central nervous system to such a degree that muscles relax, tension and anxiety are masked, and the user becomes very drowsy. Reflexes and coordination necessary for driving deteriorate. Often combined with alcohol, downers are deadly because breathing slows down so much that the brain becomes starved for oxygen.


Over-The-Counter Drugs:

Don't forget that medicines for treating colds, allergies and sinus congestion are drugs too. Most contain antihistamines, which have many of the same effects as sedatives. It is very easy, without even thinking about it, to combine one of these drugs with alcohol, and find yourself falling asleep at the wheel soon afterwards.



Heroin, morphine and codeine (found in certain cough medicines) are addictive drugs that relieve pain, depress mental functions and produce euphoria in the user. The eye's ability to react to light is poor, and driving skills are impaired much the same way as they would be under the influence of sedatives.



When alcohol enters the system, your ability to control a car, and yourself, immediately start to deteriorate. Good judgment, concentration and your ability to react quickly to the unexpected start to disappear. Your vision gets worse, like wearing sunglasses at night. You become uncoordinated and forgetful. Because alcohol is a depressant, just like sedatives, your inhibitions are relaxed. So if you're normally shy or uncomfortable in social situations, you may feel it's easier to have fun under the influence of alcohol. But alcohol is tricky. You feel stimulated because you're not so uptight, but you also become overconfident of your abilities and start to behave irresponsibly. Although you feel more like you're in the swing of things, you're just not as concerned about being "out of it."


Prescription Medications:

If you're taking any kind of prescription medication, talk to you doctor or pharmacist about how it might impair your driving ability. Also discuss possible complications arising from drinking while taking the medication.



Taking drugs and drinking alcohol together is really asking for trouble. When you do this, you are multiplying the effects of each in a very powerful and dangerous way. Not only will your impairment and intoxication grow, but your life is threatened also.


OUI Drug Law:

Maine has trained police officers to detect the presence of drugs other than alcohol in impaired drivers. The Drug Evaluation and Classification Program provide the evidence needed to successfully prosecute drivers for operating under the influence. The presence of abused drugs or controlled substances in the system can be used as evidence of impairment.


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