Elements of a maine OUI charge.
The ‘elements” of the charge is what the State needs to prove beyond a reasonable doubt to convict a person of an OUI.
A person commits OUI if that person:
A. Operates a motor vehicle:
(1) While under the influence of intoxicants; or
(2) While having an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath;
Implied consent law.
If there is probable cause to believe a person has operated a motor vehicle while under the influence of intoxicants, that person shall submit to and complete a test to determine an alcohol level and the presence of a drug or drug metabolite by analysis of blood, breath or urine.
Adminstrative license suspensions.
An administrative suspension is action taken by the Secretary of State separate and apart from any court action. These driver's license sanctions may be imposed much earlier than a court suspension. In some cases, they may be imposed in addition to criminal penalties and may appear on your driving record. Learn More.
OUI Penalties.
For a person having no previous OUI offenses within a 10-year period: (1) A fine of not less than $500, except that if the person failed to submit to a test, a fine of not less than $600; (2) A court-ordered suspension of a driver's license for a period of 150 days; and (3) A period of incarceration as follows: (a) Not less than 48 hours when the person: (i) Was tested as having an alcohol level of 0.15 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath; (ii) Was exceeding the speed limit by 30 miles per hour or more; (iii) Eluded or attempted to elude an officer; or (iv) Was operating with a passenger under 21 years of age; and (b) Not less than 96 hours when the person failed to submit to a test at the request of a law enforcement officer….