A first OUI offense in Maine can potentially have long-term consequences, but with the right legal representation, alleged offenders can escape the harshest penalties.

A first offense for impaired driving is likely to lead to an arrest, charge, and a court appearance. However, the criminal justice system recognizes that some people with no criminal record make honest mistakes, which can afford some leniency in sentencing.

The focus of sentencing for first offenders is often on ensuring that the same mistakes are not repeated. Jail time is possible, but not probable unless there are aggravating circumstances. Sentencing may involve extensive fines and fees and rehabilitative measures, such as attendance at a DUI school, community service or alternative treatment programs.

What happens when you get your first OUI in Maine?

If you operate a motor vehicle when under the influence of alcohol or a controlled substance or have a blood alcohol content of 0.08 grams per 100ml or higher, you will be charged with OUI in Maine.

The charge can affect your employment, family, and your future because a misdemeanor will appear on your criminal record, even if it’s just your first offense.

In drunk-driving cases, after your arrest and charge, your driver’s license will immediately be suspended for 150 days by the BMV (Bureau of Motor Vehicles). Even if you’re not yet charged with a crime, but you refuse to submit to the post-arrest chemical test, your license will be suspended under Maine’s “implied consent” law.

The refusal also leads to mandatory jail time of no less than 48 hours if you are later convicted of OUI and sentenced.

An administrative license suspension can be challenged within 10 days of being issued, providing a chance to save your license. Evidence must be presented before a Hearing Examiner. Chances of a positive outcome may be improved with legal representation.

The criminal process after an arrest and charge begins with an arraignment, which is the first court appearance. It’s advisable to have already sought legal advice before this hearing to discuss your legal options with an experienced OUI lawyer and challenge your license suspension.

1st OUI offense penalties and other consequences

If you are convicted of a first OUI offense in Maine, with no prior convictions and no breath test refusal on your record in the last 10 years in any state, the court’s OUI penalties include:

• A mandatory minimum penalty of 150 days of license suspension (in addition to the administrative penalty)
• A $500 fine
• Additional surcharges and fees

If you want to drive after serving 30 days of your suspension, you may be able to do so if you’re eligible to fit an ignition interlock device (IID) in your vehicle for the remaining 120 days of the suspension.

If aggravating circumstances are present with the OUI, such as a blood or breath-alcohol content above .14, a passenger under 21 years of age, excessive speeding (30+ mph over the limit) or an accident, a mandatory minimum two-day jail sentence applies.

A refusal to take a chemical test (breath, urine or blood test) in these circumstances results in a mandatory minimum sentence of four days in jail and a $600 fine.

If an impaired driver causes the death of another person, a prison sentence of up to 30 years (for a felony) can be imposed, along with six years of probation, a $20,000 fine, and a license suspension of 10 years to life.

Accidents involving OUI drivers can result in significant civil claims as well as criminal charges.

The long-term consequences of a criminal record should not be ignored either. Simply having a blot on your record due to a first offense OUI can impact employment, education, accommodation, travel (including to Canada), and immigration status. Offenders may also face higher insurance premiums and find renting a car to be challenging.

How can you beat a 1st OUI in Maine?

With the potentially serious consequences of a first OUI in Maine, pleading guilty is rarely the best option.

Despite what police officers say, proving OUI in court can be highly technical and is often problematic for the state, especially if you secure the help of an experienced OUI attorney.

Every case is different, but some common defenses include:

• The police lacked reasonable suspicion or probable cause to stop your vehicle: the police need reasonable suspicion that a crime has been committed or is about to be committed, or the evidence gathered may not be admissible. Usually, speeding, running stop lights or exhibiting driving impairment patterns are cited by police as the cause for the stop.
• Unreliable field sobriety test results: the results of the “Walk and Turn”, “Horizontal Gaze Nystagmus” or the “One Leg Stand” tests, which are often used in Maine roadside OUI stops, can often be questioned as they depend on the subjective opinions of police officers.
• Inaccurate breathalyzer or chemical test results: the equipment used during breath or chemical tests may have been poorly calibrated or the individual operating it may not have been authorized to do so or did not follow the correct procedures.
• A medical condition: if you are taking certain medications or following certain diets that would affect the test results, it may be argued that this resulted in a higher-than-normal BAC.
• Breach of constitutional rights: if law enforcement fails to uphold your constitutional rights during the stop, arrest or charge process, the case against you maybe dismissed.
• BAC below .08% at the time of operation: alcohol levels in the blood gradually rise for up to three hours after consuming alcohol. The argument may sometimes be made that the reading was over .08 at the time the chemical test was taken but below it while operating the vehicle earlier.
• Mistaken driver identity: the state must prove that you were the driver of the vehicle that was stopped.

If you or someone you know is the subject of first-time OUI charges in Maine, call The Maine Criminal Defense Group at 207-571-8146 for assistance.

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In recent years, convictions for domestic violence offenses in Maine have increased as state prosecutors rigorously pursue cases.

This has led to harsher penalties for offenders, which makes it even more essential to work on a credible defense if you have been wrongly accused of the offense.

By understanding more about domestic violence, its penalties, the burden of proof for the prosecution, and possible defenses that can be pursued, you can better prepare for what lies ahead.

What is considered domestic violence assault in Maine?

A domestic violence assault in Maine is defined as an assault against another individual from the same family or household, i.e., the alleged victim and the alleged perpetrator have a defined relationship.

The two main considerations for this offense are the physical contact (assault) itself and the target of the contact.

Under Maine law, assault is when a person intentionally causes harm to another person or, more specifically, “intentionally, knowingly, or recklessly caus[ing] bodily injury or offensive physical contact to another person.”

The contact does not need to actually cause physical injury to the person. An assault charge can result from grabbing, pushing, shoving or another type of offensive conduct.

Family or household members are defined under Maine law as including:

• Spouses
• Domestic partners (two unmarried adults who live together in a long-term committed relationship)
• People who live together
• Biological parents of a child
• Minor children
• Anyone who is or has been a sexual partner

If the assault element is satisfied AND the complainant meets the definition of being in the same household or same family, charges of domestic violence assault may be filed against the accused.

Is domestic violence a misdemeanor or felony in Maine?

Most cases of domestic violence assault are prosecuted as misdemeanors in Maine. Most commonly, the offense is treated as a Class D misdemeanor. However, even as a misdemeanor, it can still greatly impact the future of anyone found guilty of the offense.

If the offender has a prior conviction for any of the following offenses in the past 10 years, the charge may be upgraded to a Class C felony in Maine:

• A domestic violence charge, including stalking, reckless conduct, assault, or similar
• Violating a protection from abuse order
• Domestic violence misdemeanors or felonies in another state

The associated penalties for felonies are considerably more severe than for misdemeanors.

What are the potential penalties for domestic violence in Maine?

If a person is convicted of a Class D misdemeanor in Maine, the following penalties may apply:

• A maximum sentence of one year in jail
• A maximum fine of $2,000
• Up to two years’ probation
• A requirement to complete a forty-eight-week batterers intervention education program

If a person is convicted of a Class C felony in Maine, the following penalties may apply:

• A maximum sentence of five years in jail
• A maximum fine of $5,000
• Up to two years’ probation

Probation in domestic violence assault cases will generally require strict supervision and regular monitoring, as well as restrictions placed on alcohol consumption and contact with the victim(s).

The longer-term consequences of a criminal record mean that offenders can continue to pay the price for many years after serving their sentence—with employment restrictions, travel restrictions, issues with immigration status, and more.

What are viable defenses for domestic violence in Maine?

If you face a charge of domestic assault, the potentially serious consequences mean that one of your first calls should be to a criminal defense lawyer. It’s best not to say too much to law enforcement authorities until you have sought legal counsel—invoke your right to remain silent regardless of how wrongful you think the accusations are.

An attorney with experience in defending domestic violence and assault charges will examine the evidence against you carefully. Depending on the findings and circumstances of your case, one of the following defenses may be applied:

No assault or someone else did it

Sometimes, the alleged perpetrator of an assault is wrongly accused. This could be for many reasons, but your lawyer will need to establish a credible alibi (if the victim has indeed been assaulted) or prove that an assault never took place or was carried out by someone else.

If there is a lack of evidence that you were at the scene of the alleged assault or that an assault ever took place, this can be a strong defense.

It was an accident

If there is an admission that the complainant suffered injuries, a viable defense may be that these injuries were caused by an accident rather than intentionally.

To support this, evidence must be provided to support the assertion that an accident caused the injuries. Remember that assault does not have to be intentional to result in a conviction as it is defined as “intentionally, knowingly or recklessly” injuring another person. Therefore, reckless actions that resulted in an accident that caused injury can still be classified as an assault.

Self-defense

Self-defense can be a valid claim if you were in the process of protecting yourself or your children when the alleged assault occurred.

If the police report shows that the complainant used violence or you can show defensive injuries, this can bolster a self-defense claim. If not, other supporting evidence will be required.

Violation of constitutional rights

Your constitutional rights are set in stone in the U.S. and to achieve a conviction, the prosecution must prove that you committed the crime beyond a reasonable doubt.

Often, the police make mistakes during their investigation. If your rights were violated, considerable doubt can be cast on the evidence against you and the case may be dismissed.

Violations of constitutional rights can occur when police gather evidence, interview or interrogate suspects, or if they deny certain requests, like a request to speak to a lawyer.

How well your criminal defense attorney gathers evidence and presents the case for the defense will determine whether you will face the harsh penalties for domestic violence assault or avoid the worst consequences of a conviction.

If you need to defend charges of domestic violence assault in Maine, call The Maine Criminal Defense Group at 207-571-8146 for assistance.

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As we approach hurricane season, it is important that we talk about a very common topic in Florida: crimes during natural disasters. During these events, many people come together to help those who have lost everything, but others see this as an opportunity to commit crimes, especially theft and looting.

In this blog, we’ll explore the types of crimes that occur, the legal consequences, and how the justice system addresses these issues.

Types of Crimes During Natural Disasters

Looting and Robbery

One of the most common crimes during natural disasters is theft and looting. Often, homes or businesses have to be evacuated in an emergency, and this becomes the perfect target for thieves. People take advantage of this situation to enter and steal valuable items.

Price Gouging

Price gouging involves inflating the prices of essential goods and services, such as water, food, fuel, and shelter, during emergencies. Florida law strictly prohibits this practice, as it exploits people’s desperation in times of crisis.

Fraud and Scams

Many people like to help those affected during a natural disaster through charitable organizations, online fundraisers, etc. This also becomes the perfect opportunity for people to create fake pages to steal money from those who want to donate.

Assault and Domestic Violence

Natural disasters can bring a lot of stress and tension to the home due to their consequences, leading to increased instances of domestic violence and assault. These crimes can be very traumatic for people who are already suffering from the trauma of the natural disaster.

Legal Consequences

Here are some legal consequences individuals may face for committing crimes during natural disasters:

1. Enhanced Penalties: The state of Florida may impose enhanced penalties for crimes committed during a declared state of emergency. This means that the usual sentences for offenses such as robbery or theft can be significantly increased if the crime was committed during a natural disaster.
2. Felony Charges: Crimes like looting and price gouging can result in felony charges, leading to long-term consequences such as prison, hefty fines, and a permanent criminal record. Felony convictions can also impact future employment opportunities and civil rights.
3. Restitution and Civil Liability: Offenders may be required to pay restitution to victims for any stolen or damaged property. Additionally, they could face civil lawsuits from those affected by their actions, further compounding the financial and legal repercussions.

There is no doubt that natural disasters are very difficult situations that affect many people in different ways. While some lose everything, others take advantage of these opportunities to benefit themselves. As a criminal law attorney, it’s essential to be aware of the types of crimes that occur during these events, the legal consequences, and how the justice system addresses them. 

Russell A. Spatz of the Spatz Law Firm, PL, in Miami, Florida, has decades of experience handling serious criminal cases. To meet with lawyer Russell Spatz to discuss your criminal matter, please call the Spatz Law Firm, PL, at 305-442-0200. You may also contact the firm online.

Kennebunk, Maine – The Maine Criminal Defense Group is proud to announce that attorney Mikayla Martin, has been honored with the Rising Star award by Super Lawyers. This highly regarded recognition is a testament to attorney Martin’s dedication, skill, and commitment to excellence in the field of law.

The Rising Star award is presented by Super Lawyers, a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process, involving independent research, peer nominations, and peer evaluations, recognizes outstanding lawyers who are 40 years of age or younger, or who have ten or fewer years of experience in the legal profession. No more than 5% of practicing attorneys in a state can be added to the registry each year.

In order to achieve this distinction, attorney Martin has demonstrated exceptional legal expertise and a strong commitment to achieving the very best outcomes for her clients. The award reflects her hard work, dedication, and the high regard in which she is held by her peers in the legal community. Attorney Martin has been an associate attorney with The Maine Criminal Defense Group since 2021.

“We are incredibly proud of Mikayla for receiving the Rising Star award,” said managing attorney and owner of The Maine Criminal Defense Group, William T. Bly, “This recognition is a reflection of her talent, dedication, and the outstanding work she engages in on behalf of our clients. Attorney Martin is an incredibly dedicated attorney who represents the future of our firm and the legal profession.”

To reach the Maine Criminal Defense Group, email [email protected].

While you should be aware of the strict OUI laws in Maine, it’s also important to know about other ways you can face a traffic infraction if alcohol is involved. If you have an open container of alcohol in your vehicle, you can still face a traffic infraction even if your driving is not impaired by alcohol or drugs. This also applies even if a passenger is drinking alcohol or just possesses the open container.

The open container laws in Maine, §2112-A, prohibit both drivers and passengers from consuming alcohol in motor vehicles and that the drivers will be held responsible if an open container of alcohol is found by law enforcement during a stop.

There are some exceptions to the rule, but drivers and passengers should be aware of the laws so that they don’t create inadvertent legal problems when out on a drive and end up facing a potentially sizable fine.

Open container law in Maine

Maine’s open container law states the following:

“The operator of a vehicle on a public way is in violation of this section [of the statute] if the operator or a passenger in the passenger area of the vehicle:  

1. Consumes alcohol; or  
2. Possesses an open alcoholic beverage container.”

What types of alcoholic beverages does the law refer to?

The open container law covers “spirituous, vinous, fermented” or other alcoholic beverages intended for “human consumption” and that contain more than 0.5 percent alcohol by volume.

What is considered an “open container” in Maine?

An open alcoholic beverage container typically refers to any open can or bottle that contains any amount of alcohol above the 0.5 percent threshold. It also covers any other receptacles that are:

• Open, or
• Have a broken seal, or
• Have had the contents partially removed

Does the open container law apply to all parts of a vehicle?

The open container laws in Maine apply only to the “passenger areas”. This refers to the area that is designed for the driver and passengers to sit while the motor vehicle is in operation.

The law does not apply to the trunk or cargo area of a vehicle. However, it should be noted that the glove compartment is considered part of the passenger area as it is readily accessible to both passengers and the driver when they are seated in the vehicle.

Accordingly, if an open container is found in one of these passenger areas, the driver is likely to face penalties.

Does the open container law apply to all roadways in Maine?

The open container laws, like other drunk driving laws in Maine, apply to all public roads or “public ways” in the state. That is, any way that is owned and maintained by the state, county or city that is open for the general public to use, including a right-of-way.

Are there exceptions to the open container law in Maine?

The above-stated laws cover the majority of situations where an open container is found in a vehicle in Maine, supplementing the already harsh drunk-driving laws.

However, even if an open container is found in your vehicle, you might not be liable for the penalties if any of the following applies:

• The open container of alcohol is found in the trunk: you can lawfully possess an open alcoholic beverage container in the trunk or (if no trunk) behind the last upright seat or in an area not usually occupied by the driver or passengers.
• Passengers have paid a fee for the driving service: in most vehicles designed to transport passengers for a fee (except taxicabs), passengers can lawfully consume alcohol.
• The passengers are in their living quarters: if the vehicle is a motor home, trailer, semitrailer, or truck camper, passengers can legally consume alcohol and possess an open container in the living quarters without breaking any laws.
• The vehicle is a licensed catering vehicle at a catering event: a driver or a driver’s employee can lawfully transport open containers of alcohol to and from catering events if the driver has a valid catering license.

What are the penalties for an open container in Maine?

The good news if you are charged under Maine’s open container law is that you won’t face a criminal charge, jail time or license suspension as you would in some states.

Instead, you will be deemed to have committed a traffic infraction. This is punishable by a minimum fine of $25 and a maximum fine of $500.

What are the rules and penalties for underage offenders?

In Maine, minors (individuals under the age of 18) are generally not permitted to possess or consume alcohol. They are also not usually permitted to transport liquor in a motor vehicle.

The illegal transportation of liquor by a minor is specifically dealt with in the Maine legislature as follows:

“a minor may not knowingly transport [liquor] or knowingly [allow liquor to be transported] in a motor vehicle under the minor’s control. The following penalties apply to violations of this subsection.

1. A minor who violates this subsection commits a civil violation for which a fine of not more than $500 may be adjudged.
2. A minor who violates this subsection after having previously violated this section commits a civil violation for which a fine of not less than $200 and not more than $500 must be adjudged, none of which may be suspended.
3. A minor who violates this subsection after having previously violated this section 2 or more times commits a civil violation for which a fine of not less than $400 and not more than $500 must be adjudged, none of which may be suspended.”

There are some exceptions where a minor can lawfully transport liquor in a motor vehicle in Maine:

• If the act is in the scope of the minor’s employment
• If the act is at the request of the minor’s parent or guardian, or
• If the liquor is placed outside of the passenger’s and driver’s area (such as a trunk or locked glove compartment) and the minor doesn’t have actual knowledge of its presence in the vehicle.

If a minor is found with alcohol in the vehicle or is caught consuming alcohol, he/she can only be charged with one offense (illegal possession or illegal transportation), rather than both offenses.

Do the penalties apply to open marijuana containers in Maine?

The Maine legislature also addresses open marijuana containers.

Under this law, the operator of a vehicle on a public way commits a traffic violation if the operator or a passenger in the passenger area of the vehicle consumes marijuana or a marijuana product or possesses an open container.

Again, the operator will not face criminal charges because marijuana is legal in the State of Maine.

In this sense, an open container is a receptacle that contains any amount of marijuana or consumable products made from marijuana and has a broken seal or a receptacle from which the contents have been partially removed.

Similar exceptions exist with the open marijuana container law as with the open container laws for alcohol. An additional exception exists, however, for a passenger who possesses an open container and is a cardholder for medical marijuana.

For experienced legal help with any OUI crime, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.

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OUI charges are handled severely in Maine. For many people, a drunk-driving charge is their first time dealing with the criminal justice system and, understandably, they are keen to know the potential consequences of an OUI conviction.

With an otherwise clean criminal record and robust legal representation, you may be able to reduce the consequences for your future and even get the charge reduced to a charge with fewer consequences.

Let’s look at what that could involve.

What is an OUI in Maine?

An OUI is Maine’s term for a DUI or DWI—terms that you probably know from other states. It means “operating under the influence”. This term draws attention to the fact that you don’t actually need to be driving a vehicle (nor drunk or even over the legal limit) to be charged with a drunk-driving offense in Maine.

You can check the Maine OUI statute for details about the law but we’ll look at some key aspects below.

First offense OUIs in Maine

Around 80 percent of OUI arrests are for a first-offense OUI in Maine. This means that the person charged has no prior OUI/DWI/DUIs in any state and no refusal to provide a bodily sample in Maine in the last ten years.

First-offense cases (like second offenses) are handled as misdemeanors but if aggravating factors are present a mandatory minimum jail time may still apply. Such factors include: particularly high blood-alcohol content, a passenger under the age of 21, speeding, or causing an accident.

Assuming no aggravating factors are present, a first-offense OUI carries a mandatory minimum penalty of 150 days of license suspension and a $500 fine. After 30 days of no license, the driver can be reinstated if an Ignition Interlock Device (IID) is fitted to any vehicle that they drive for 120 days.

Jail time is very rare for a first offense OUI in Maine but it should not be discounted— a criminal conviction can show on background checks for life, creating potential long-term implications.

Consequences of an OUI in Maine

The consequences of an OUI become more serious for repeat offenders if they are convicted.

A second OUI within 10 years will mean that driving privileges (via a restricted license) take much longer to be restored, which can severely impact employment. Offenders are also hit with an automatic seven-day jail sentence (twelve days for a refusal), a $700 fine ($900 for refusal), and a three-year suspension of vehicle registration.

A third offense within ten years is treated as a felony, carrying a maximum penalty of five years in prison (minimum 30 days), a $5,000 fine, and two years of probation.

Other potential long-term effects of a criminal conviction include effects on employment, increased insurance premiums, difficulties traveling abroad (even in Canada), and immigration status issues for non-US citizens.

What factors affect the ability to plead down an OUI in Maine?

A first-time OUI offender is more likely to be successful with obtaining a reduction or “diversion” than a repeat offender. However, plea deals can even be arranged for repeat offenders in some circumstances.

What’s possible is dependent on the facts of the case, as well as the experience of your OUI lawyer.

The main factors affecting whether we can successfully plead down an OUI charge with a prosecutor are as follows:

• The criminal background of the defendant
• Whether the defendant has previous driving offenses on their record
• The level of cooperation with law enforcement during the investigation
• Whether the defendant refused to take a breath or blood test
• The strength of the state’s case against the defendant (sometimes, issues with the traffic stop, arrest, evidence, test results, or Constitutional rights weaken the state’s case)
• Whether an OUI conviction will result in extraordinary hardship beyond the license suspension, such as the loss of employment

Much depends on how the prosecutor in the case views the OUI charges. With more lenient prosecutors, the option of a lesser charge may be available if no aggravating circumstances are present. Other stricter prosecutors may be less amenable to pleading down the charge.

What are the plea-bargaining options in Maine OUI cases?

A first or second OUI offense is a Class D misdemeanor. The purpose of plea bargaining is to reduce the charge to a lesser offense, such as driving to endanger, which is one of the most common plea deals in Maine.

A person is guilty of driving to endanger if the person, with criminal negligence, “operates a motor vehicle in any place in a manner that endangers the property of another or a person, including the operator or passenger in the motor vehicle being driven.”

Driving to endanger is a Class E misdemeanor punishable by up to six months in jail and a $1,000 fine, but jail time is rarely served for a first-time offender. Usually, this offense will result in a fine of below $1,000 and a 30-day loss of license.

On the plus side, this is far less than the 150-day loss of license mandated for a first offense OUI conviction. However, the Bureau of Motor Vehicles will usually administratively suspend a license before the defendant gets to Court. Therefore, it is important to waste no time in challenging the administrative suspension through your OUI lawyer.

Sometimes, prosecutors will agree to remove an aggravating factor against a defendant, so that the penalty is more manageable for the offender (and can prevent a mandatory minimum jail sentence).

However, it should be remembered that pleading an OUI charge down is only possible in some circumstances and with some prosecutors. This will also become more likely if the state’s case is particularly weak. That’s why it’s essential to hire a seasoned attorney to identify and highlight weaknesses in the case against you.

For experienced legal help with any OUI charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.

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The 4th of July is fast approaching, bringing with it a wave of celebrations. In Miami, people come together to enjoy barbecues, family gatherings, and, of course, fireworks. While fireworks can be thrilling and spectacular, it’s crucial to understand and adhere to local laws to ensure a safe and legal celebration.

Find in this blog everything you need to know about fireworks laws in Miami, and some essential safety tips to keep in mind.

Florida’s Firework Laws

In Florida, fireworks are regulated under state law, but there are also specific local regulations that vary by county and municipality. Here’s a breakdown of the key points: