Archive for the ‘OUI Convictions & Penalties’ category

FAQ About License Reinstatement After OUI: Maine

August 24th, 2010

Losing your driving privileges can be very frustrating to anyone, especially if you have trouble finding a ride to work, school, or for your social activities. There are many things to consider when the time for receiving those rights comes, and you may not be aware of the answers to several of your questions regarding license reinstatement in Maine. An OUI conviction is a serious matter, and the state treats it thusly, so the rules for getting to drive again are complicated and costly for most people. Here are a few questions that people frequently ask:

What’s the first step in order to get to drive again after an OUI conviction in Maine?

This question can be answered differently for different people, depending on what was ordered in a particular case. You must satisfy all of the requirements set forth by the judge in your case, and your attorney can help you figure out what all of these are without problem for most people. If you did not have an attorney, you may want to consult with a professional OUI lawyer to help you determine what you need to do in your case.

Will I have to pay a lot of money to get my license back?

Most people start with the basic $50 license reinstatement fee, but many other fees may be imposed in a given case in order to be allowed to drive again. For instance, you may have been ordered to pay a fine, restitution, or similar fee, and this will need to be paid first. In addition, if you were ordered to have an ignition interlock device, or IID, installed, this costs a lot of money. You will see the installation fee, monthly maintenance fees, and similar costs.

Do I have regular driving privileges like before my OUI conviction once I pay the fees?

For the most part, you will not have the same privileges. Most people are required to have a conditional license for at least the first year following license reinstatement, and others must carry this restricted license for years before receiving normal privileges. Remember that the OUI conviction will stay on your record forever, and for most people it can be a serious factor for at least ten years in Maine.

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Posted in Maine OUI, OUI Convictions & Penalties, drunk driving

Tags: conditional license IID losing driving privileges OUI lawyer

Change of Rules When Fatalities Occur With DUI

August 20th, 2010

You may be aware of the many factors that can influence your sentence if you are charged with driving under the influence of drugs/alcohol, or DUI, in the state of Maine. From property damage information to your blood alcohol concentration, there are many things that can influence a judge’s decision when it comes to the sentencing phase in your particular case. However, any time that fatalities are involved, the case becomes much more serious, and many things are negatively impacted.

It is not hard to imagine any judge believing that an accident that results in death is tragic, and this is in correlation to the average person’s thinking in the United States. In fact, if you heard about someone killed as a result of a DUI-related accident, you would likely agree that the senseless death could easily have been prevented, although you may have reason to see the other side of the story sometimes. When someone dies due to any alcohol-related accident, a judge has no choice but to increase the sentence in order for the family of the victim to receive some measure of justice.

In addition to other penalties, you will likely lose your driving privileges for at least ten years in Maine if the prosecution satisfies the burden of proof regarding the implication that alcohol was the direct cause of the person’s death in your case. Some cases require that the person’s driving rights be permanently revoked depending on various factors in the accident. Refusing to submit to sobriety tests only complicates the matter, as can many other aggravating factors in a given case.

Incarceration is another key concern when fatalities are a part of your case, and you are much more likely to see jail time when this is a factor. If you are charged with and convicted of vehicular homicide, you could face up to 30 years in prison, not including any other charges or penalties in the case. One case can see several different charges, and each is punished separately.

With all of the serious consequences that can result from a fatality in an OUI-related case, you should consult with a professional OUI attorney as soon as you are arrested to protect your rights and your future.

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Posted in Maine OUI, OUI Convictions & Penalties, drunk driving

Tags: DUI fatalities incarceration Maine OUI lawyer OUI penalties refusing to submit to sobriety tests

Realities If You Are Convicted of OUI

August 10th, 2010

You may be one of the hundreds of people who make the mistake of believing that a conviction is the end of an OUI case in the state of Maine. Operating under the influence of drugs or alcohol, OUI, is a very serious offense, and carries life-altering consequences that could affect even your family for a very long time. The potential punishment can vary greatly between cases, depending on many different things.

There are a few basic realities that you have to face if you are convicted of an OUI in Maine. In this brief article, we will break down just a few of them, but if you have questions, comments, or concerns you should take them to a skilled OUI attorney for clarification. This article is designed to help you understand what you could be facing, and is not intended as a definitive conclusion to every case.

First, you are likely going to lose your driving privileges for some time, depending on certain factors in your individual case. Even a first offense often leads to loss of driving rights for a few months, and much longer for each subsequent conviction. It can be hard to keep a job if you cannot drive, and even your friendships can suffer from repeated requests for a ride to work.

Second, you may be forced to part with things of value if you are convicted, based on most of the same factors. This may include your money, time, vehicle, and some dignity as well. Fines, mandatory classes or rehabilitation, vehicle impoundment or addition of required ignition interlock device, and community service are common punishments for OUI crimes in this state.

Finally, you could face jail time for even a first OUI conviction in Maine, depending on the individual particulars in a given case. Fatalities, serious injuries, extensive property damage, aggravating factors, criminal history, and other factors could influence the judge’s decision in this regard. This is just one of several reasons that contacting a professional OUI attorney is so important, since they understand these risk factors and can identify many more that you may never have considered.

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Posted in Maine OUI, OUI Convictions & Penalties

Tags: criminal history jail time loss of driving privileges OUI case OUI in Maine

OUI Sentencing FAQ in Maine

July 12th, 2010

Anyone arrested in the state of Maine for operating under the influence of drugs/alcohol, OUI, is certain to have dozens of questions on the subject of prospective sentences, his/her future criminal record, and the future overall. even though only a professional OUI attorney can answer every question you may have, here are some of the most frequently asked questions as regards to sentencing and the foreseeable future:

Could I get jail time for a first offense?

Yes, but it is less likely for a first offense than for repeat offenses. In order to increase the risk of jail time, there must be aggravating factors present. This may include serious injuries, property damage, or fatalities, or may be something simpler, like driving more than thirty miles per hour over the posted speed limit or having a blood alcohol level of .15% or greater.

How much jail time am I looking at for a second offense without aggravating factors?

The state minimum for a second offense is one week of jail time, which is increased to twelve days if you refused to submit to submit to chemical testing. Keep in mind that only your attorney can tell you if there are aggravating factors, since this means more than just injuries or accidents.

I was charged with OUI for the third time, and this time there were injuries and an accident involved. Does this increase my punishment?

Maine’s minimum jail time for a third offense is thirty days of jail time, and this will likely be increased if accidents and/or injuries were involved. It depends on the severity and extent of each, and a few other factors as well. The existence of other aggravating factors can also complicate the case. Furthermore, a 3rd offense within 10 years is a felony in Maine.

This is my second OUI charge, but it has been less than ten years since my first conviction. Will that make a difference in sentencing?

The ten-year window will definitely make a difference in sentencing, especially from a driving privileges perspective. If it has been more than ten years, most judges will treat the offense much like a first offense, while less than ten years gives rise to more jail time, more expensive fines, and longer loss of driving privileges.

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Posted in DUI Attorney, Maine OUI, OUI Convictions & Penalties

Tags: aggravating factors expensive fines jail time OUI attorney repeat offenses state of Maine

After OUI Conviction: The Next Step

June 25th, 2010

Once you have reviewed the legal process surrounding a charge of operating under the influence, you may wonder what happens if you are convicted. This is a broad subject, and can be looked at from at least two different perspectives. We will discuss the two most important herein, but if you have further questions you should probably seek the help of an experienced OUI attorney.

First, you may wonder what sentence you can expect. This varies greatly, depending on a variety of factors. This may include, but is not limited to the presence of other OUI convictions within a ten-year period, serious injuries, property damage, fatalities, presence of mitigating factors, and more. It can also depend on whether an accident was involved, and if you refused to submit to sobriety testing.

If you had an outstanding warrant, the charge that the warrant is based on will often be completely separated from the OUI charge. Therefore, the trial and penalty phases would be in addition to what you are already going through.

Second, you may wonder how your life will be impacted by the presence of the conviction. In Maine, an OUI conviction lasts forever; meaning that if you try to rent a vehicle, apply to rent a home or apartment, fill out a job application requiring a background check, or get government aid, the OUI may count against you. If you caused serious injuries, fatalities, or extensive property damage, it may take years to pay the restitution fees. In many cases, not even declaring bankruptcy will absolve you of the fine(s).

It also has the potential to affect your family as well. If your name was spread across newspapers or television, your family could suffer for your mistakes along with you, often being victims of immense social stigma for years after the arrest and trial periods are over. The stigma is worse for children in many cases, especially those old enough to understand what caused the problem in the first place.

To avoid these complications, choose not to operate a vehicle while impaired by alcohol. If you are arrested for OUI in Maine, contact a skilled attorney right away to discuss possible defense strategies for your case.

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Posted in DUI Attorney, OUI Convictions & Penalties, drunk driving

Tags: expected sentence experienced attorney Maine OUI arrest OUI conviction OUI penalty

Your Rights After An OUI

June 10th, 2010

As Americans, the vast majority of us understand that we are entitled to a few basic rights. Most of us are well aware of these rights, but few have little idea what rights change or are lost with a felony conviction. Some OUI, operating under the influence, charges are classified as felonies, and this article will describe what rights are altered or lost due to a felony conviction.

•    Weapons Rights

First and foremost, most convicted felons lose the right to bear arms, including hunting, gun collections, and even those kept for protection. The application of this punishment is different in some states, some choosing only guns as the type of weapons lost, while others will go so far as knives, crossbows, and other weapons as well. Your parole officer or lawyer should discuss the law in your state upon your release, or you can consult with a lawyer to learn more.

•    Voting Rights

In addition to losing your gun collection, you could also lose the privilege of having a say in upcoming elections as long as the felony is on your record. Most states have laws that keep convicted felons from voting, regardless of whether the charge is state or federal, and without regard to the felon’s age or social status. While this right may seem of little consequence in the grand scheme of things, it can be very discouraging to have no voice in electing leaders for the nation.

•    Government Office Privileges

Those who are or were planning to run for some form of office may lose this right, even if they are of legal age, have a wonderful social standing, and offer many years of qualifying public and legal experience. In most states, convicted felons do not have the right to run for any form of government office, from the lowliest positions upward.

•    Work Rights

While convicted felons can apply for any job that they desire, the number of employers who will choose to hire them once they learn of the felony record dwindle dramatically. Some of the best and highest paying employers quickly disqualify individuals based on felony record, depending on applicable state and federal law.

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Posted in Maine OUI, OUI Convictions & Penalties

Tags: attorney felony conviction felony OUI lawyer voting rights weapons rights working rights

SR-22 Car Insurance Rates

April 20th, 2010

There are dozens of potential consequences for an OUI charge in the state of Maine, like most other states within the United States. Operating under the influence of drugs or alcohol is a very serious offense, mostly due to the fact that it can cost so much in pain, suffering, death, and property damage if law enforcement officer’s worst fears are realized. Although most people think about loss of driving privileges, jail time, and even monetary fines, your car insurance may also be affected by an OUI.

When you are finally permitted to have your driving privileges restored, you will likely need to have an SR-22, or Proof of Insurance Certificate, stating that you have auto insurance from a valid company. This type of insurance certificate is often somewhat costly, and the rates are significantly higher than for standard car insurance for a young person of the same age and with the same vehicle. That said, there are catches to this type of insurance.

First and foremost, a lot of companies will not offer SR-22 coverage. They are expensive, and risky for the insurance provider. They technically mean that you are a risk-taking driver, and that the probability of an accident is higher for you than for someone who does not have an OUI. For that reason, it can be tricky just to find someone who will offer the company.

Second, some insurance companies have the right to just drop you from their coverage when the OUI is discovered, due to the high level of risk they take in insuring you. While this is not likely, it is still as much a possibility as is the OUI not being discovered. Do not count on this, and if you do get caught without the SR-22 but with an OUI on your record, you could get in serious trouble with your insurance provider.

Finally, remember that an OUI can stay on your record for a very long time, depending on how many offenses of that nature that you have. First offenses may stay on your record for as long as five years after the conviction, whereas subsequent offenses could last for the rest of your life.

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Posted in Maine OUI, OUI Convictions & Penalties

Tags: first offense insurance company operating under the influence proof of insurance certificate risk-taking driver SR-22

OUI FAQ

April 17th, 2010

There was a death involved in my OUI accident. Does that make the offense more serious than if there had been no major injuries?

In the state of Maine, if there have been injuries serious enough to cause death, immediate or potential, then you are required by law to get a blood test to check your blood alcohol content. A refusal adds more penalty than a standard OUI charge, even if there are no other aggravating factors such as a fatality or serious injury.

Keep in mind that the state of Maine will add additional penalties for those who kill or seriously injure someone due to the influence of alcohol. Operating under the influence and causing a serious accident can make you lose your driving privileges, but fatalities normally add additional years to the loss of driver’s license time. You could also be charged with manslaughter, which could land you in prison and cost you your driving privileges for the rest of your life.

Can a woman drink just as much as a man if they are about the same age, height, and weight?

Absolutely not. Every person is different, but generally speaking a woman’s body reacts very differently to alcohol than a man’s. Gender plays as big a role as height, weight, age, medical history, and so on. The reason gender plays such a role is the distribution of alcohol throughout the body. Women have more body fat than men. Alcohol settles in the watery portions of the body. It will not distribute in bone or fat. Therefore, women will have a higher BAC due to less available watery tissue than a man of equal weight. It’s not fair but that’s how it works.

Do not assume that you can drink more and operate a vehicle safely if you are a man. If an officer believes that you are intoxicated, whether you have had one drink or seven, you can still be arrested.

I have been charged with my first OUI. How much is this going to cost?

There are a few factors that can affect the overall price of an OUI charge. These often include the lawyer hired, aggravating factors, amount of your fine based on any existing criminal history, court fees, license reinstatement fee, and the cost of an SR-22. If you are forced to install an ignition interlock device, the cost climbs even higher. In total, the average cost of a first offense can be as high as $7000.

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Posted in Maine OUI, OUI Convictions & Penalties, drunk driving

Tags: BAC driving privileges ignition interlock device OUI accident OUI charge penalties SR-22 state of Maine

Long-term Effects of a DUI

March 30th, 2010

There are a few different ways that a DUI, driving under the influence of drugs or alcohol, charge can feel like it has ruined your life. These can include expensive fines, incarceration, alcohol education courses, ignition interlock device, a criminal background, and much more. Below are some ways that each of these can impact not only your life, but the lives of your family as well.

Monetary Effect

It can get really expensive to pay all of the fines and fees associated with a DUI. This may include alcohol education classes, installation and rental fee of an IID, reinstatement fee for your driving privileges, addition of an SR-22 to your auto insurance policy, court costs, lawyer fees, and much more. Paying penalties such as these can disrupt your family life and make living very difficult at best. All of this is in addition to your normal living expenses, which must still be paid in order to have housing, utilities, and some of the basic enjoyments in life.

Time Effect

One of the worst long-term side effects of a DUI conviction is the ones on your time. This can mean jail time, in a county jail or state prison, lengthy classes in the evenings or taking up the weekends, plus the time needed for working a job and taking care of business. Effects like this can really hamper your family life, leave little time for romantic relationships, and create friction in existing relationships with friends and extended family. If you are married with children, the time and expense can cost more than your family is able to pay, creating additional problems.

If you or a loved one has been charged with DUI, it is important to contact a skilled DUI attorney right away to protect your rights and avoid penalties such as these.

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Posted in DUI Attorney, OUI Convictions & Penalties, drunk driving

Tags: conviction DUI DUI Attorney DUI penalties fines ignition interlock device incarceration

DUI Class Information

March 27th, 2010

One of the most common and effective penalties for DUI, driving under the influence, involves taking a class that teaches about driving under the influence of drugs and alcohol, how it impacts the community, how it can affect those around you, and potential consequences. Although some are very affordable, and a few are even free, any of these classes must be paid for out of the defendant’s pocket. In a few cases, the court will order a more expensive course, especially for repeat offenders and in situations where serious injuries or fatalities have resulted from the behavior.

DUI classes are often a mandatory part of the sentencing phase, and the only negotiable aspects of these often involves the length of the class, court approved classes, or payment installments for the course. Most states have an approved list of course providers, and if you do not attend classes with one of these, you may not get credit for the completion. There are often separate penalties for not attending classes, failing to complete the course, or choosing an unapproved course.

Some courtrooms will use a DUI course as an alternative to other forms of penalties, and if they are completed successfully, the legal system will sometimes expunge or close the case altogether. This is especially helpful for first time offenders, and often discourages repeat offenses for those who are honestly remorseful for their actions. In other cases, the course may cost enough money so as to discourage others from ever driving under the influence again.

A few states even offer online DUI education courses, depending on the state, and whether the online course has been accredited with the DMV (Department of Motor Vehicles) or a similar organization. The cost of attending the class is normally payable by the defendant, wholly or in part, depending on the situation, seriousness of the offense, extent of damage or injuries, and the court’s determination. Online courses can be very convenient, and in some cases the instructor will be more open to working with a busy schedule.

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Posted in DUI Defense, OUI Convictions & Penalties, drunk driving

Tags: consequences DMV DUI class DUI course DUI penalties sentencing

Maine DUI - the New Law