Portland OUI Defense Attorney | OUI Defense In Maine

Maine Law, Title 29-A §2411 defines OUI as an offense that involves the operation of a motor vehicle while under the influence of drugs or alcohol. A person is considered intoxicated when their blood alcohol concentration is .08 or greater. Alcohol intoxication is measured by determining the concentration of alcohol in 210 liters of breath or 100 milliliters of blood.

If you have been accused of driving while under the influence of drugs or alcohol, it’s important to seek the representation of an experienced Portland OUI defense attorney. Richard Berne has extensive experience in this area and is well-versed in the state law that surrounds it, as well as the local courts.

Addressing OUI Charges In Maine

OUI charges take many forms. They include:

  • First, second, third, or multiple DUI charges
  • Driving under the influence of over-the-counter and prescription drugs
  • Hit and run DUI
  • Boating under the influence (BUI)
  • DUI injury
  • DUI fatality
  • DUI accidents
  • Commercial DUI
  • Underage DUI
  • Felony DUI

When charged with a DUI defense, the Bureau of Motor Vehicles (BMV) opens a separate case for the purpose of suspending your driver’s license. It’s possible to fight license suspension my asking for a hearing, but time is of the essence. The results of this hearing have no bearing on the criminal case.

In the criminal case, you can challenge the evidence against you. At the Law Office of Richard Berne, you will work with an attorney who knows how to challenge this evidence. Richard Berne looks at every detail from the traffic stop to the booking process. The goal is to establish doubt because you can’t be convicted unless your guilt is determined to be beyond a reasonable doubt. One such strategy is to challenge the results of the sobriety tests.

Fighting For Your Future

Fighting the charges is very important so the best possible outcome can be secured. The following are the penalties that can result from conviction:

  • First offense OUI – 150-day license suspension and a $500 fine.
  • Second offense OUI – 150-day to 3-year license suspension, $700 fine, and 7-day jail sentence
  • Third offense OUI – License suspension up to six years, 30 days in jail, and a fine of at least $1,100.
  • Fourth offense OUI – A minimum of six months in jail, eight-year license suspension, a minimum fine of $2,100, and drug and alcohol counseling.

Aggravating factors can make the penalties more serious. Those factors include a blood alcohol concentration of .15% or more, driving 30 mph or more over the speed limit, evading a police officer, and having a passenger in the vehicle under the age of 21.

If an OUI accident results in serious injury, it is a Class C crime and will result in at least 6 months in jail, 6 years of license suspension, and a minimum fine of $2,100. If the accident results in death, it is a Class B or Class C crime and can lead to license suspension is upgraded to 10 years, at least 6 months is spent in jail, and the fine is at least $2,100.

It’s important for your Portland OUI lawyer to evaluate every detail of the case so that the best result can be realized.

Contact A Portland OUI Defense Attorney

If you or a loved one has been charged with OUI, it’s important to secure the proper defense as soon as possible so the charges can be effectively challenged. To learn more about your rights and options, call the Law Office of Richard Berne at 207-871-7770 to request a free consultation.