Posts Tagged ‘penalties’

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

Maine Felony DUI Crimes

January 15th, 2010

In Maine, crimes are distinguished into classes with Class A B and C crimes considered felonies with the following potential sentences;

  • Class C: Crimes punishable by up to 5 years incarceration and a $5,000 fine
  • Class B: Crimes punishable by up to ten years incarceration and a $20,000 fine
  • Class A: Crimes punishable by up to 40 years incarceration and a $50,000 fine

What this means is in Maine while charged with an Operating Under the Influence (OUI) the factors of your case will determine what class crime you are charged with. If you have no priors or one previous OUI offense within the past ten years you will be charged with a Class D crime. In regards to penalties one if convicted will be facing a fine of not less than $500.00 ($600.00 if one refused to submit to an alcohol concentration test) and a loss of license for 90 days (plus an additional 275 days from the Bureau of Motor Vehicles consecutive with the loss of license imposed by the court). One also faces a jail sentence if they have one of the following factors- had a blood alcohol of .15% or more; was speeding 30 miles or more over the posted speed limit, attempted to allude a police officer or was operating the vehicle with someone under the age of 21.

If you have two previous OUI offenses within a 10 year period you will be charged with a Class C crime and will face a fine of not less than $1,100.00 ($1,400.00 if you refused the test), a jail sentence of no less than 30 days (40 days if you refused the test) and a loss of license for 4 years.

If you have three or more previous OUI offenses within a 10 year period you will be charged with a Class C crime as well but the penalties you face are even more severe. The fine will be not less than $2,100.00 ($2,500.00 if you refused to submit to the test), a jail sentence of no less than 6 months (an additional 20 days if you refused the test) and a loss of license for 6 years.

So as one can see the penalties one can face are quite staggering. So whether you are charged with a crime in Maine or New Hampshire let Nielsen & Bly help you navigate the court system and fight for your rights. We are committed to getting you the best resolution available for your case!

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

Tags: class A class B class C dui crimes felony dui Maine operating under the influence penalties