If you have been arrested on a first offense OUI charge in Maine, it is important to understand the penalties you may be facing if you are convicted of operating under the influence. When a person is arrested on a first offense OUI charge in Maine they will be facing two separate cases. The first case is the matter of your driving privilege with the BMV, and the second is the criminal act of operating a vehicle under the influence, which will be dealt with through the Maine criminal court system.
A first offense OUI conviction carries a mandatory 90 day driver's license suspension, and a $400 fine, plus court costs. There is no mandatory jail sentence for a first offense as long as there were no aggravating circumstances, such as having a BAC level of .15% or greater, or exceeding 30 or more mph over the posted speed limit, or attempting to elude the police, or having a passenger under the age of 21 in the vehicle at the time.
Before the BMV will reinstate your driver's license you must complete an SR22 filing with them. You can obtain your SR22 filing and insurance policy by entering your zip code below and completing the short form on the following page:
If there are aggravating circumstances, there is a 90 day license suspension, a $400 fine, plus court costs, and a mandatory 48 hour jail sentence. If you refused to submit to a chemical test, the minimum jail sentence is 96 hours, and a $500 fine, plus court costs. A refusal also results in an additional 275 day license suspension. If there was a passenger under 21 in the vehicle, you will also face an additional 275 day license suspension.
First time offenders will be eligible to request a work restricted license by filing a petition with the Secretary of State as long as you submitted to a chemical and there was not a passenger under the age of 21 in the vehicle. As long as your BAC level was less than .17% your chances of being granted a work restricted license are pretty good.
In the state of Maine the arresting officer will not take your driver's license upon being arrested for OUI. Maine is one of the few states that actually do not confiscate a person driver's license when they are arrested on a drunk driving charge.
Important: You only have 10 days from the date of your arrest in which to request an administrative hearing with the BMV. If you fail to request a hearing within the allotted 10 days, the Secretary of State's office will impose a 90 day suspension of your driver's license.
If you hope to avoid the pending suspension of your driver's license it is extremely important that you contact one of our Maine OUI lawyers today to schedule your administrative hearing. Our Maine OUI lawyer will represent you at your hearing.
The purpose of the administrative hearing will be for the hearing examiner assigned to your case to review all of the evidence that has been presented by the arresting officer against you. The hearing examiner will review whether or not the arresting officer followed the proper procedures during the arrest, did you submit to a chemical test, if so, was your BAC level .08% or greater?
The hearing examiner will also review any evidence presented on your behalf by you and your attorney. the examiner will also hear testimony from the arresting officer, you and your lawyer, and any witnesses your lawyer may have subpoenaed to appear.
If the hearing examiner determines that the evidence against you does not justify the suspension of your driver's license, you will retain your driving privileges and no record of the OUI will appear on your driving record. If however, the examiner rules in favor of the evidence against you, your license will be immediately suspended for 90 days following a first offense.
Before the BMV will grant first time offenders a work restricted license or before full reinstatement following the suspension period, you will be required to show proof of financial responsibility to the BMV in the form of what is called an SR-22 filing. An SR-22 is a form that your Maine insurance provider will file with the BMV on your behalf showing the BMV that you have taken out a auto insurance policy with them that meets the state's minimum liability limits.
The SR-22 filing is basically an agreement between your insurance provider and the BMV that states that if for any reason you experience a lapse in your insurance coverage, that your insurer is obligated to inform the BMV of the lapse immediately. If this happens, the BMV will cancel your driver's license, and send you a letter by mail stating such.
In order to obtain a new license you will need to bring your insurance premiums current and have your insurer file another SR-22 with the BMV, and then you will need to pay the BMV another license reinstatement fee before being issued another driver's license. If you wish to avoid the above scenario it is important to select an SR22 insurance policy with a premium you can afford. To make sure that you save as much money as possible on your policy we recommend getting multiple SR22 quotes so that you may select the policy with the lowest premiums from the start.
Maine OUI Laws - A complete overview of Maine OUI laws including fines, jail time and penalties for each offense.
Maine SR22 Insurance - Learn everything you need to know about Maine SR22 filing requirements with the BMV and find out how you can save hundreds of dollars each year on your Maine SR22 insurance.
Maine OUI Lawyers - Contact one of our Maine OUI lawyers today.
Maine Alcohol & Drug Treatment Programs - We offer a complete listing of Maine approved alcohol & drug treatment program locations.