If you’ve been charged with OUI (Operating Under the Influence) in Maine, our seasoned Maine OUI defense attorneys are here to provide aggressive, effective representation at both trial and administrative license hearings. Even if you’ve been tested at or above .08% BAC or feel you “failed” a field sobriety test, there are often overlooked—but critical—defenses we can pursue to protect your rights.
What the State Must Prove for a Maine OUI Conviction
Maine law defines OUI as operating a vehicle while your mental or physical faculties are impaired by alcohol, drugs, prescription medications—or combinations thereof—or having a BAC of .08% or higher. The state bears a very high burden: Proof beyond a reasonable doubt. If there’s any reasonable doubt about your guilt, the jury must acquit.
Potential Defenses to Maine OUI Charges
Every case is unique, but here are some common defenses our firm regularly addresses:
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Unlawful stop: Lack of reasonable, articulable suspicion.
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Faulty SFSTs: Improper administration of field sobriety tests against NHTSA standards.
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Medical conditions: Conditions mimicking impairment (e.g., balance disorders, neurological issues, fatigue, anxiety).
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Inconsistent indicators: Poor test results without typical signs (e.g., alcohol smell, poor balance).
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Breath test errors: Violations of implied consent procedures, failure to perform a mouth check or 15‑minute observation.
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Instrument issues: Calibration or maintenance mistakes, testing irregularities, or improper sample handling.
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BAC inconsistencies: Results not matching behavioral evidence.
Our Process: Thorough Investigation & Evidence Preservation
Upon representation, we:
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File formal discovery requests (police reports, video footage, test documentation) under Rule 16 of the Maine Rules of Criminal Procedure and Brady v. Maryland.
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Issue Evidence Preservation Notices to ensure vital evidence remains available for review.
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Conduct a meticulous review of arrest procedures, sobriety test conduct, and testing protocols.
Administrative License Suspension (ALS) & BMV Hearings
In Maine, an OUI arrest triggers two separate proceedings:
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Administrative license suspension via the Bureau of Motor Vehicles (BMV)—this often occurs before you go to Court.
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Criminal prosecution within the Unified Criminal Court system.
We vigorously defend both aspects of your case, challenging the ALS suspensions through administrative hearings—all while building a robust criminal defense.
Why Choose Us for OUI Defense in Maine?
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Statewide practice: We handle OUI cases statewide—from Portland to Jackman, and frequently in Maine’s coastal communities like Kittery, York, Wells, Ogunquit, Kennebunk, Arundel, Biddeford, Saco, and Old Orchard Beach.
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Proven success: Results include license suspensions rescinded, OUI charges dismissed even in high‑BAC cases, and success at jury trials.
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Comprehensive approach: We fight at both the administrative and criminal levels for your best outcome.
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Clear communication: You’ll understand each step—from initial arrest to license reinstatement.
Maine OUI Resources
- Penalties for OUI
- Refusing a Breathalyzer
- Frequently Asked Questions about OUI
- Sobriety Checkpoints
- Field Sobriety Testing
- What to Do if Charged with OUI
- Hiring a Maine OUI Lawyer
- Drunk Driving in Maine With An Out-Of-State License
Contact Us – Free Initial Consultation
Schedule a free consultation with a trusted Maine OUI lawyer to discuss your case and explore your options. Call us now at (207) 985‑1815.
