What is Criminal OUI in Maine?
Introduction
Driving Under the Influence (DUI) or Operating Under the Influence (OUI) is a serious offense in Maine, punishable by law. In this article, we will delve into the definition, penalties, and consequences of Criminal OUI in Maine.
What is Criminal OUI in Maine?
Criminal OUI in Maine is defined as the operation of a motor vehicle while impaired by alcohol or drugs, resulting in a high degree of danger to the operator, occupants, or other people on the road.
According to the Maine Revised Statutes, Title 29-A, Section 2411, a person is considered to be under the influence of intoxicating liquor or drugs if they:
- Are under the influence of intoxicating liquor or drugs
- Have a blood alcohol concentration (BAC) of 0.08% or higher
- Are under the influence of a controlled substance
- Are under the influence of a combination of substances
Penalties for Criminal OUI in Maine
The penalties for Criminal OUI in Maine vary depending on the severity of the offense and the individual’s prior criminal record. Here are the general penalties for Criminal OUI in Maine:
- First-time offender: Fine of up to $500, imprisonment for up to 30 days, and suspension of driver’s license for 150 days
- Second-time offender: Fine of up to $1,000, imprisonment for up to 90 days, and suspension of driver’s license for 2 years
- Third-time offender: Fine of up to $2,000, imprisonment for up to 1 year, and suspension of driver’s license for 3 years
- Fourth-time offender: Fine of up to $5,000, imprisonment for up to 2 years, and suspension of driver’s license for 5 years
Consequences of Criminal OUI in Maine
In addition to the criminal penalties, a conviction for Criminal OUI in Maine can have significant consequences, including:
- Driver’s license suspension: The suspension period can range from 150 days to 5 years, depending on the number of prior offenses
- Insurance rate increases: Insurance rates can increase significantly after a Criminal OUI conviction
- Loss of employment or job opportunities: A Criminal OUI conviction can affect employment and job opportunities
- Stigma and social consequences: A Criminal OUI conviction can lead to social stigma and loss of social relationships
How is Criminal OUI Determined in Maine?
Criminal OUI is determined by a combination of factors, including:
- Breath alcohol concentration (BrAC) test: A BrAC test measures the amount of alcohol in the breath
- Blood alcohol concentration (BAC) test: A BAC test measures the amount of alcohol in the blood
- Field sobriety tests: Field sobriety tests are used to assess a person’s coordination, balance, and reaction time
- Police officer’s observation: A police officer’s observation of a person’s behavior, speech, and physical appearance can also be used to determine Criminal OUI
Defenses Against Criminal OUI in Maine
There are several defenses that can be used against a Criminal OUI charge in Maine, including:
- Improper police procedure: If the police did not follow proper procedure during the arrest and testing process, the evidence may be excluded
- Defective equipment: If the equipment used to measure the BrAC or BAC was defective, the results may be unreliable
- Medical condition: Certain medical conditions can affect the results of a BrAC or BAC test
- Invalid search and seizure: If the police did not have a valid reason to search and seize the person’s vehicle or property, any evidence obtained may be excluded
Conclusion
Criminal OUI is a serious offense in Maine, punishable by law. It is essential to understand the definition, penalties, and consequences of Criminal OUI in Maine to avoid serious legal and social consequences. If you have been charged with Criminal OUI in Maine, it is essential to consult with an experienced criminal defense attorney to explore your defense options.
Table: Penalties for Criminal OUI in Maine
| Offense | Fine | Imprisonment | Suspension of Driver’s License |
|---|---|---|---|
| First-time offender | Up to $500 | Up to 30 days | 150 days |
| Second-time offender | Up to $1,000 | Up to 90 days | 2 years |
| Third-time offender | Up to $2,000 | Up to 1 year | 3 years |
| Fourth-time offender | Up to $5,000 | Up to 2 years | 5 years |
Bullets: Consequences of Criminal OUI in Maine
• Driver’s license suspension
• Insurance rate increases
• Loss of employment or job opportunities
• Stigma and social consequences
