One of the most common questions I hear from clients is: “What happens at my first court date after an OUI arrest?”
If you were arrested for Operating Under the Influence (OUI) in York County, your first court appearance will take place at the York Judicial Center. This court handles all OUI cases from towns throughout York County, including: Kittery, York, Ogunquit, Wells, Kennebunk, Kennebunkport, Arundel, Biddeford, Saco, Old Orchard Beach, and Sanford.
Your First Appearance: The Arraignment
Your initial court date is called an arraignment. This is not your trial. At the arraignment, the judge will:
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Read the charge(s) against you
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Explain the possible penalties
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Ask you to enter a plea of guilty or not guilty
You won’t be the only one there. Arraignments are typically scheduled in large blocks, with many people appearing at the same time. After you enter your plea, you’ll be given a second court date called a dispositional conference, often scheduled several months later.
Why You Should Hire a Lawyer Before Arraignment
Even though the arraignment isn’t a trial, it’s a critical stage in your case. Having a defense attorney before your first appearance can make a big difference. At our firm, we take several steps to protect your rights:
- We can enter your plea for you. In most cases, we can submit your not guilty plea on your behalf—so you don’t have to attend the arraignment.
- We send preservation of evidence letters. This ensures the police retain important materials that can help your defense.
- We request full discovery. We obtain police reports, witness statements, video/audio recordings, test results, and other documentation.
- We can request a hearing on the administrative suspension. Many clients are surprised to receive a letter from the Maine Bureau of Motor Vehicles suspending their license before even going to Court. We can request a hearing on the suspension. If you submitted to a test, the request for a hearing will typically place a hold on the effective date of the suspension-meaning that you can drive until the hearing date. The time in which to request a hearing is very limited, so it is important to retain counsel early.
This article is for informational and educational purposes, and is not intended to be legal advice. You should consult legal counsel to assess the legal issues specific to your case. The attorneys at Libby O’Brien Kingsley & Champion have decades of experience in criminal law, including Operating Under the Influence.
