Best DUI & DWI Lawyers in Maine

About DUI & DWI Law in Maine, United States

Driving under the influence (DUI) and driving while intoxicated (DWI) are serious offenses in Maine. The laws are designed to reduce roadway accidents and ensure public safety by discouraging drivers from operating vehicles while impaired by alcohol or drugs. In Maine, even a small amount of alcohol or drugs that affects your ability to drive can lead to a DUI or DWI charge. Maine law uses the term Operating Under the Influence (OUI) to encompass both DUI and DWI offenses, and these cases are strictly prosecuted.

Why You May Need a Lawyer

If you are facing a DUI or DWI charge in Maine, hiring a qualified lawyer can be crucial. Legal representation is often necessary in the following situations:

• You are unsure of your rights following a DUI or DWI arrest.
• You want to challenge the accuracy of a breathalyzer or field sobriety test.
• You are concerned about potential jail time, license suspension, fines, or increased penalties for prior offenses.
• Your case involves additional charges, such as reckless driving or endangering a minor.
• You need help navigating the legal system or understanding plea bargains.
• You are a commercial driver or hold a professional license affected by DUI or DWI convictions.

A knowledgeable DUI or DWI attorney can help minimize the consequences, explain the legal process, negotiate with prosecutors, and present your best case in court.

Local Laws Overview

Maine’s OUI laws prohibit operating a vehicle while under the influence of intoxicants, which includes alcohol, illegal drugs, and even prescription medications that impair driving. Key aspects of Maine law include:

• Blood Alcohol Concentration (BAC) Limits: For drivers age 21 and older, the legal BAC limit is 0.08 percent. For commercial drivers, it is 0.04 percent. Drivers under 21 are subject to a zero-tolerance policy, meaning any detectable BAC can result in a charge.
• Implied Consent: By operating a vehicle in Maine, you consent to chemical tests if lawfully arrested for OUI. Refusal to take a breath, blood, or urine test can lead to immediate license suspension and other penalties.
• Penalties: First time OUI offenders may face fines, license suspension, and possible jail time. Penalties increase with higher BAC, prior OUI convictions, or aggravating factors such as injuries or having a minor in the vehicle.
• Administrative and Criminal Proceedings: There are two processes involved: an administrative hearing with the Maine Bureau of Motor Vehicles (BMV) regarding your license and the separate criminal court proceedings for the OUI charge.
• Ignition Interlock Device: Reinstatement of your driving privileges after an OUI conviction may require installing an ignition interlock device, especially for repeat offenders.

Frequently Asked Questions

What is the difference between DUI, DWI, and OUI in Maine?

In Maine, the legal term for drunk or drugged driving is Operating Under the Influence (OUI), but it covers what is often called DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) in other states.

What is the legal limit for blood alcohol concentration in Maine?

The legal BAC limit is 0.08 percent for most drivers, 0.04 percent for commercial drivers, and zero tolerance for drivers under the age of 21.

What happens if I refuse a breathalyzer or chemical test?

Refusing a chemical test can result in immediate license suspension and additional penalties, separate from those imposed for an OUI conviction.

Will my license be suspended if I am charged with an OUI?

Yes, an OUI charge typically leads to an immediate administrative license suspension by the Bureau of Motor Vehicles, often before your court case is resolved.

Can I get a hardship license to drive to work or school?

Maine may allow you to apply for limited driving privileges in certain cases, but eligibility depends on the specifics of your case and is not guaranteed.

What are the penalties for a first-time OUI offense?

Penalties for a first offense can include a fine, a license suspension, and possible jail time. The presence of aggravating factors, such as a high BAC or a minor passenger, increases these penalties.

Are there increased penalties for repeat OUI offenders?

Yes, repeat offenders face longer license suspensions, higher fines, required installation of ignition interlock devices, and more jail time.

Does an OUI conviction stay on my record?

An OUI conviction appears on your criminal record and driving history, and can have lasting consequences for at least ten years in Maine.

Can I challenge an OUI charge in court?

Yes, you can challenge the charge. Common defenses include questioning the validity of the stop, reliability of testing methods, or procedural errors by law enforcement.

Do I need a lawyer for a DUI or OUI charge in Maine?

While not required, having a qualified attorney can greatly improve your chances of reducing penalties, avoiding a conviction, and navigating complex legal procedures.

Additional Resources

The following organizations and resources may provide additional guidance and support:

• Maine Bureau of Motor Vehicles (BMV) - For information on license suspension and reinstatement procedures
• Maine Judicial Branch - For access to court forms, local rules, and self-help information
• Maine State Bar Association - To find qualified attorneys experienced in DUI, DWI, and OUI defense
• Maine Department of Public Safety - For public safety campaigns, statistics, and policy updates regarding impaired driving
• Local legal aid organizations - For limited free or reduced-fee legal assistance to eligible individuals

Next Steps

If you are facing a DUI, DWI, or OUI charge in Maine, take the following steps to protect your rights:

1. Do not admit fault or provide detailed statements to police without legal counsel present.
2. Request a copy of your police report and all related documentation as soon as possible.
3. Consult an experienced DUI or OUI attorney familiar with Maine law who can assess your case and discuss possible defenses.
4. Keep track of all deadlines for legal proceedings or administrative hearings, as missing these can worsen your situation.
5. Be prepared to discuss all aspects of your case honestly with your attorney, including any prior offenses or aggravating circumstances.

Facing a DUI or DWI charge in Maine is a serious matter. Legal assistance can make a significant difference in the outcome, helping you understand your rights and options, and guiding you toward the best possible resolution.