OUI FAQ's

What is OUI?

OUI/DWI/DUI is a crime involving drinking and driving. In Maine it is called OUI. OUI means either or both of two things:

First, OUI is operating or attempting to operate a motor vehicle while under the influence of intoxicants. "Intoxicants" are any substance, including alcohol and both illegal and prescription drugs. A person is "under the influence" if their mental or physical faculties are impaired to the slightest degree, regardless of whether it affects the a actual operation of the vehicle. Second, OUI is operating or attempting to operate a motor vehicle while having a blood alcohol content (BAC) of .08% by weight or more, regardless of whether that level of alcohol affects the person. Remember, it is not illegal to drink and drive.

I blew over a .08% BAC on the Intoxilyzer. Do I automatically lose my case?

No, a .08% BAC or above test does not mean that you are automatically guilty. Many factors can affect a breath test including medical conditions, chemical exposure and body temperature. Also, you may have been illegally stopped or deprived of important rights during your arrest. In the hands of a skilled OUI/DWI/DUI defense attorney these facts and many others can lead to an acquittal or dismissal of charges.

I have been charged with an OUI in Maine. What is likely to happen now?

Two different state agencies will start to work to penalize you. The Bureau of Motor Vehicles will probably send you a notice of license suspension. You have only ten days from the suspension date to appeal the suspension. This appeal is important because a BMV suspension remains in effect even if you eventually win in court. Meanwhile, the District Attorney will begin prosecuting you. When you show up in court on the date on your ticket or bail papers, you will be asked to plead guilty or not guilty. If you plead guilty you will be sentenced at that time and lose your license then and there. If you plead not guilty the matter is set for trial. You have only a limited time, usually 21 days, in which to file motions challenging the evidence or to request a jury trial.

The police didn't read me my rights, don't they have to do that?

The police have to read you your rights if they intend to question you after you are in custody. If they don't do that after your arrest and before questioning you, evidence the police obtained from your statements and the statements themselves might be excluded at trial. A skilled OUI/DWI/DUI defense attorney can determine whether a motion to exclude evidence is warranted in your case.

How long can they suspend my license for? Can I get work privileges?

The length of suspension depends upon the circumstances of the case. A first offense suspension for having a BAC over .08% is usually for ninety days. You can get a work-only license for ninety days on a BMV suspension, but only for the last thirty days on a court suspension. A first offense .08 suspension is the only suspension for which a work license is available. There is no work license available for a refusal (9 months to 6 years), having a minor in the vehicle (add'l 9 months), or for repeat offenders (18 months for a 2nd offense, and 4 years for a 3rd offense.)

Should I refuse to take a breath test if the police arrest me for OUI?

No. In Maine a refusal to take a breath test can result in a license suspension for nine months or more, even if you win the OUI case. If you go to trial the prosecutor is allowed to tell the jury that you refused a test. If you are convicted a refusal can result in much harsher penalties under the Maine OUI Laws.