Third Offense DUI in Maine

Drinking and driving are now serious crimes in the United States. Driving under the influence (DUI) or driving while intoxicated (DWI) now results in serious treatment under the law. Furthermore, the judicial system now executes heavier sentences on those who ignore the laws and continue to drink and drive. As a result, someone found DUI for the second time  faces severe penalties. Among the many American states, Maine has some of the toughest penalties for DUIs. It has a no-nonsense approach. This is particularly apparent when you consider the treatment of a third offense DUI in Maine.

What is Third Offense DUI in Maine?

DUI in Maine is referred to as OUI - operating under the influence. This encompasses both alcohol and drugs. A third offense DUI in Maine is a Class C crime. This makes serious but it is neither a misdemeanor nor a felony.

In Maine, an individual is DUI if the blood alcohol concentration (BAC) is at 0.08. A third offense DUI in Maine is the result of the same amount of alcohol but a repeat offense. Under the look back period, prior DUIs may be considered as far back as 10 years.

Administrative and Judicial Penalties

As in most states, Maine falls into the category that has both administrative and judicial penalties. In Maine, administrative penalties refer to those involving the removal or suspension of a driver’s license. This falls under the jurisdiction of Office of Motor Vehicles.  An individual with a third offense DUI in Maine faces a 4 to 6 year suspension of their license. Confiscation of the vehicle is also a possibility. The return of the license after suspension ( or if it is reduced) will involve fitting your vehicle with an ignition interlock device.

Judicial penalties are as harsh. For a third offense DUI in Maine, an individual can expect:

• Fines – A minimum of $1,000 and a maximum of $5,000
• Jail time – 30-day mandatory jail sentence  and up to 5 years
• 2 years probation
• Mandatory alcohol education and assessment possibly as well as treatment

Aggravating Factors

A third offense DUI in Maine, as in the case of any level of DUI in this state, has certain factors that may aggravate – increase, the initial mandatory sentences. This applies to fines, jail time and length of license suspension. The aggravating factors include:

• Failure to provide when requested a blood, urine or breath sample. This falls under the implied consent laws. It may increase your mandatory jail time by 10 days, increase your fine by another $800 and add another 9 months to your license suspension
• Driving DUI with a minor in the vehicle can result in an increase of the length of time for your license suspension by a further 9 months

Plea Options

You have several plea options available of which to take advantage. Maine does not have an anti-plea bargaining statute concerning DUIs. This will allow your lawyer some leeway towards decreasing the reduction of the crime. Other options, such as not guilty will lead to trial. Pleading guilty can result in serious fallout. Talk to an experienced Maine lawyer about which is viable in your third offense DUI in Maine case.

See a Lawyer

If you are facing a charge for a third offense DUI in Maine case, talk to an experienced Maine lawyer. A third offense can impact your life severely. Your insurance rates will increase.  Without a vehicle, your job may be threatened. A Maine lawyer can help you mitigate the problem.