Living in “Vacationland” might not be all it’s cracked up to be when you’re facing an OUI in Maine. Drunk driving cases in this state are referred to as operating under the influence. Maine defines being under the influence as having your mental or physical capabilities affected even slightly be alcohol. If you have evidence of a high BAC level or you refuse to take a chemical test, this is grounds for an OUI charge.
When you are charged with an OUI, two things will happen. You will be facing a criminal court case as well as facing the Bureau of Motor Vehicles where they will seek to suspend your driver’s license. Following your arrest date, you only have 10 days to request a hearing with the BMV, otherwise your license will automatically be suspended for 90 days for first-time offenders.
Penalties
If you are a first-time offender and have no aggravated factors in your case, you will not be sent to jail. You will however face a $400 fine, and may face community service or probation. Depending on your case you could also have your vehicle impounded, lose your job, have insurance coverage problems, have an ignition interlock device installed in your car, face alcohol treatment and have restricted travel.
BAC
What is BAC? BAC stands for blood alcohol content and it is illegal to have a BAC of .08% or higher in Maine. Police can determine your BAC through three chemical tests: blood, breath and urine. Blood and urine tests must be conducted by qualified medical professionals, not the police.
Field Sobriety Tests
Three popular field sobriety tests used by police officers in Maine are the HGN (horizontal gaze nystagmus), the one leg stand and the walk and turn. Each test may help the officer determine if you are intoxicated. These tests check for things like balance, involuntary eye jerking and coordination.
Ignition Interlock
Having this device installed in your car may reduce your license suspension period. The machine requires you to blow into it in order to start your vehicle. If it detects alcohol, it won’t start.
Zero Tolerance
If you are under 21, you will lose your license for 1 year if you are found to have any alcohol in your system. You will lose your license for 18 months if you refuse a chemical test.
Now for the good news. There is help out there. Find a OUI attorney in Maine who specializes in this field and you may have your charges reduced or even dismissed altogether.