Maine OUI Laws lawyers dui dwi

Maine OUI Laws lawyers dui dwi



Maine OUI Penalties and Laws


1. MAINE HIGHWAY SAFETY
2. Maine oui dui dwi
3. Maine oui lawyers
4. Dui laws me oui


If you are charged and convicted with an OUI in Maine, the first action will be to suspend your license. This will occur before any court appearances so that you cannot drive even while waiting for your hearing.


Zero Tolerance Law
The zero tolerance law refers to those drivers who are under the age of 21. As you can imagine, zero tolerance means exactly what it sounds like – no amount of alcohol can be in your system. If even a trace amount of alcohol is found while you are found operating or attempting to operate a motor vehicle, your license will be revoked for one year. If you then refuse to take a test, your license is taken away for 18 months. Having an additional passenger under the age of 21 in the vehicle, 180 days will be added to the suspension. Even with a BAC (blood alcohol content) of less than .08%, the person in question can be prosecuted for OUI.


BAC (Blood Alcohol Content) Limit
In Maine, the BAC threshold for operating under the influence is .08%. This is measured by a breath test or a blood test. This can be enough evidence to convict without further evidence.


Minimum Penalties for OUI
Offense Suspension Jail Time Fine
1st no aggravating factors 90 days 0 $400
1st w/aggravating factors* 90 days 48 hours $400
1st (refusal)** 90 days 96 hours $500
2nd*** 18 months 7 days $600
2nd (refusal) 18 months 12 days $800
3rd 4 years 30 days $1,000
3rd (refusal) 4 years 40 days $1,300
4th or more 6 years 6 months $2,000
4th (refusal) 6 years 6 months & 20 days $2,400
*Aggravating factors include a BAC of .15 percent or more, or traveling 30 m.p.h. or more over the speed limit, or attempting to elude an officer of the law, or having a passenger under 21 years of age. The law requires an additional 275 day suspension be imposed by the court or the Secretary of State if transporting a passenger under 21.


**Refusal to be tested results in a loss of license for at least 275 days which is consecutive to any suspension imposed for an OUI conviction.


***A second conviction within ten years prohibits the offender from obtaining a work-restricted license or from registering a vehicle.


Maine drunk driving cases are referred to as OUI, operating under the influence, or OWI, operating while intoxicated. It’s important to appeal to the Maine Bureau of Motor Vehicles within 10 days of your arrest, or you will risk losing your license. If you’ve been arrested in Maine it’s important to contact an experienced attorney right away to protect your rights.
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You can get your life back on track after a Maine OUI. But it’s important to understand that there are extremely serious consequences for a Maine DUI conviction. Consequences include jail time, fines, alcohol education classes, and losing your driver’s license. All is not lost though. It is possible to fight your charges with the help of an OWI attorney in Maine. Contact a Maine drunk driving attorney right away.


NOTE: In Maine, drunk driving cases are referred to as OUI (operating under the influence), DUI (driving under the influence), DWI (driving while intoxicated) or OWI (operating while intoxicated).


WARNING! You could end up with a suspended license after your Maine OUI arrest. Unlike most states, police officers WILL NOT take away your license at the scene of your arrest. But the BMV (Bureau of Motor Vehicles) will put you on notice that your license must be surrendered. You only have TEN DAYS from the time of your suspension to request a hearing with the BMV. The length of your suspension can be found on the Administrative Notice of Suspension that you received from the Maine BMV in the upper right hand corner. If you need help making this request, or understanding anything about your suspension, speak to a skilled Maine DUI lawyer today.


Besides your license suspension, your Maine DUI arrest will also trigger a criminal case. It’s your criminal case that will result in punishments including jail time, fines and being forced to install an ignition interlock system in your car.
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Did you refuse to take a chemical test? If so, that decision can be used against you in your criminal case to show consciousness of guilt. However, if you did take a blood or breath or urine test, that evidence alone can be used to convict you of a Maine OUI. This is why it is so essential to speak with an experienced OWI attorney near you. Call 1-800-DUI-LAWS right away if you are facing drunk driving charges in Maine.


If you are convicted of a Maine DUI, you will be punished. But penalties will vary, depending upon whether the arrest is for a first-offense, second-offense, third-offense, or fourth-offense drunk driving charge. There is a "washout" period for these cases, meaning that if a prior offense is more than ten years old, it will not count as a prior conviction for the purposes of calculating your offense level, but can be used as an aggravating factor at sentencing. Jail alternatives are an option regardless of your history with Maine OUI convictions. In fact, it is even possible to get your case dismissed with the help of an OWI attorney. Talk to one of our DUI LAWS attorneys right away if you want to get help fighting your case and avoiding harsh penalties.


PENALTIES:


A first offense Maine DUI, with no aggravating circumstances, carries a mandatory minimum penalty of 90-day license suspension and a $500.00 fine.  The first sixty days of that suspension are without a work license.  The maximum penalties for a first offense OUI is 364 days in jail, a $2,000.00 fine, a 90-day suspension and one year of probation.


If there are aggravating circumstances such as a BAC above .14, a passenger under 21 years of age, exceeding the speed limit by 30 m.p.h. or more, or attempting to elude the police, there is a mandatory minimum 48 hour jail sentence.  If a person refuses to take a breath, blood or urine test, the mandatory minimum sentence is 96 hours in jail, a $600.00 fine, and a 90-day suspension.  If the person is under the age of 21, the minimum suspension is one year.  All fines have substantial penalty assessments that significantly increase the amount that must be paid.  Some judges routinely exceed these minimum sentences.


A second offense Maine OUI, carries a minimum of seven-day jail sentence (twelve days for a refusal), a $700.00 fine ($900.00 for refusal) and a 3-year license suspension without a work license, and a 3-year suspension of your vehicle registration.  After 9 months, your license and registration can be reinstated if you install an ignition interlock device in your car for 2 years.  If the person is under the age of 21, the minimum suspension is for 2 years.  In addition, the judge can order drug or alcohol treatment at their discretion.
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A third offense Maine DUI, is a felony.  It carries a maximum penalty of five years in prison, a $5,000.00 fine and 2 years of probation.  There is a minimum thirty-day jail sentence (forty days for a refusal), a $1,100.00 fine ($1,400.00 for a refusal), a six-year license suspension without a work license and a six-year suspension of your vehicle registration.  After three years your license and registration can be reinstated if you install an ignition interlock device in your vehicle for three years.  In addition, the judge can order drug or alcohol treatment at their discretion. 


A fourth offense Maine OUI, or subsequent offense is a felony.  It carries a maximum penalty of five years in prison, a minimum jail term of six months (six months, twenty days for a refusal), two years of probation, a minimum fine of $2, 2100 ($2,500 for a refusal), a six- year license suspension without a work license, and a six-year suspension of your vehicle registration.  After the six-year suspension you must install an ignition interlock device in your car for four years.  In addition, the judge can order drug or alcohol treatment at their discretion. 


If a person who is operating under the influence (OUI) causes serious bodily injury or death or has either a prior conviction for a felony OUI or OUI homicide, it is a strict liability felony.  This offense carries a minimum sentence of six months in jail (six months, twenty days for a refusal), a $2,100.00 fine ($2,500 for a refusal) and a six-year suspension.  In addition, the judge can order drug or alcohol treatment at his or her discretion.  The maximum sentence is five years in jail, a $5,000.00 fine, a six-year suspension and two years of probation.


If the person had a passenger under the age of 21, there is an additional 275-day suspension in addition to the minimum jail, fine and suspension penalties described above.  If the person is under the age of 21, there is an additional suspension of 180 days.
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The Bureau of Motor Vehicles Penalties (BMV)
Administrative Suspensions


Even if you are not convicted in criminal court, the Bureau of Motor Vehicles (BMV) can suspend your license! The suspension periods are the same as for the court suspensions listed above.  If you refuse a breath test the BMV can take your license for up to six-years, with a 275 days suspension being the penalty for a first refusal.  While you have a right to a hearing, you have only ten days to request it.


The Secretary of State will suspend the license of a driver with a BAC of .08% or more (or a minor with any detectable BAC, for one year or more) for the periods listed above for convictions.  This suspension runs concurrently with any suspension imposed for the conviction and consecutively with any refusal suspension.  This suspension is initiated by the officer filing the report with the Secretary of State.  A hearing must be requested within ten days of the date of the suspension.  Any suspension imposed will remain in effect, even if the person is acquitted of the criminal OUI charge.  Always make sure you review and follow the statutory requirements for reinstatement with your OWI attorney.


REMEMBER, it is necessary to get help if you want to fight your drunk driving charges. The laws in Maine are harsh and you could end up in jail. If you are hoping to get your life back to normal, save your license, and stay out of jail, now is the time to contact a DUI lawyer for help with your case.
Maine OUI Laws lawyers dui dwi
Drivers Involved in Fatal Crashes
Every driver involved in a fatal motor vehicle crash, or a crash where a death is likely to occur, must submit to a blood alcohol test. Failure to do so will result in a three year license suspension


If the Secretary of State is satisfied a driver, while under the influence of alcohol or drugs, negligently operated a motor vehicle in such a manner as to cause the death of any person, the Secretary shall immediately suspend the operator's license for at least three years. This suspension will be in addition to any suspension imposed for refusal to submit to a chemical test.


Moreover, a conviction for vehicular homicide can result in a prison term of up to 30 years and a permanent loss of your driver's license if alcohol is involved.


Knowing your Limit
Misconceptions about alcohol and how it affects safe driving are widespread. Knowing the truth can mean the difference between life and death. When alcohol enters your system, your ability to control a car, and yourself, immediately starts to deteriorate. Good judgement, concentration and your ability to react quickly all start to disappear with the first drink.
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Factors Influencing BAC
Factors which can affect the relationship between alcohol consumed and BAC level include:


Weight: A larger person requires more alcohol to reach a particular BAC level than a smaller person.
Gender: Women generally reach higher BACs than men of the same weight with the same amount of alcohol.
Amount of food in stomach: Food slows the absorption of alcohol into the blood.
Time spent drinking: Alcohol is eliminated at the rate of about one drink (1 ounce of alcohol) per hour.
Time since last drink: Because time is needed to metabolize a drink, a person's BAC can continue to rise after he or she has stopped drinking.


The best advice to follow is that if you drink, plan ahead, and designate a non-drinking driver.


Maine OUI Lawyers


Maine OUI Lawyer Criminal Law Expert Drunk Driving Defense
www.ouilaw.com/ Maine Criminal Law Expert, Oui Lawyer Scott D. Gardner. Saco, Maine Criminal Defense and OUI Attorney - Portland, Maine.
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Maine OUI Lawyer William Bly
www.maineouilawyer.com/ 
If you've been charged with an OUI / DUI / DWI in the State of Maine, Attorney Bly has the experience and skills necessary to aggressively press every legal


DUI - OUI - Drunk Driving Attorney - Maine Defense Lawyer
www.portlanddrunkdriving.com/ 
Portland Maine DUI/OUI Attorney William Bly will fight for your rights through all phases of trial with thorough, competent, and agressive representation.


Maine OUI/DWI/DUI Attorney, Drunk Driving Arrest, Legal
www.drunkdrivingdefense.com/maine-oui-dwi-dui-attorney/ 
Wayne Foote and his associates are experienced in felony and misdemeanor OUI, DWI, DUI cases including jury trials, non-jury trials, contested motion practice
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Board Certified DUI Defense Lawyer, Bangor Maine | Drunk-Driving 
www.lawyersmaine.com/ 
Bangor, Maine DUI Attorney Wayne R Foote is the only Board-certified drunk- driving (OUI/DUI/DWI) attorney in the state.
Maine Personal Injury Attorney, DUI Lawyers, Criminal Defense 


www.thehallettlawfirm.com/ 
Best of Portland 2010 for Criminal Defense and OUI. Maine lawyers you can trust. passionate. hardworking,. insightful,. different. creative,. Maine lawyers 


Maine OUI Lawyers
www.duilawyers.net/maine/ 
A OUI conviction in Maine is one thing we can all do without. The penalties are steep. Find DUI lawyers to defend your freedom.
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Maine OUI Lawyer | Portland Maine DUI | Criminal Defense Lawyer
www.nicholswebb.com/ 
Nichols, Webb & Loranger, established in July of 1999, defends citizens accused in Maine of engaging in criminal activities and OUI offenses.


Maine OUI Lawyer | Maine OUI Attorney | DUI Lawyer
www.maine-oui-lawyer.com/ 
What do do if you have been involved in a Maine OUI.
Maine DUI lawyer, Maine DUI attorney, Maine DUI lawyers, Maine 
www.1800duilaws.com/lawyers_bio/matt_nichols.asp 
Maine OUI Defense Attorney, Matthew B. Nichols Portland Maine DUI / OUI attorney Matthew Nichols has defended thousands of drunk driving cases 
(sources : http://www.maine.gov/dps/bhs/impaired-driving/laws.html , http://www.nicholswebb.com/,
http://www.1800duilaws.com )
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