Maine Dui Attorney
Bangor, Maine DUI Attorney Wayne Foote is the only drunk
driving defense lawyer in
and one of only about 40 nationwide
to be Board Certified in DUI Defense
Law by the National College for DUI Defense
the certification partner of the
American Bar Association.
Based in Bangor and serving much of the state, Mr. Foote has amassed a great number
of other DUI
related certifications and has trained other lawyers in DUI defense law.
driving Laws in Maine
The legal term for DUI in Maine is Operating Under
the Influence, or OUI. OUI is defined as operating
any kind of motor vehicle under the influence of an
intoxicant. Alcohol, illegal drugs and even legal
prescription drugs are all intoxicants that, if taken
before or while operating a motor vehicle in Maine,
can result in an OUI charge.
If your physical and mental abilities are even slightly impaired in Maine, you are
considered to be “under the influence.” If you are impaired to any degree, or if you
have a blood
alcohol or breath alcohol content (BAC or BrAC) of .08% or higher, you
will be charged with a DUI in Maine.
There is a wide range of penalties for violating Maine’s DUI laws. Although it is very
rare for a first
time DUI offender to receive the maximum Maine drunk
penalty, the sentence imposed in the average case is serious.
Understanding Maine DUI Laws and Penalties
The penalties and consequences for breaking Maine’s DUI laws depend upon both
the number of offenses you have in your past and the severity of the resulting
injuries and damages, if any, that occur from your offense. Your charge may fall
within a wide range of punishments on the Maine DUI spectrum.
In addition to the penalties imposed by the State of Maine for DUI offenses, you
will also be reported to your home state or Canadian province. In almost every
case, this will result in your home state or province suspending your license.
There are additional jail and fine penalties for refusing a test if you are also
convicted of DUI. (See penalties above noted for convictions.) In addition, the fact
that you refused a test is admissible in court against you.
There are one or more District Courts in each county. District Courts have limited
jurisdiction and cannot prosecute felony charges, with the exception of initial
appearances and bond hearings. Most DUI cases are misdemeanors and can be
heard in District Court.
However, cases heard in District Court are not eligible for jury trials. There is a
very limited time to request a jury trial and have the case moved to Superior
In some counties, the District and Superior Courts have been unified into one
Attorney Foote defends DUI cases in Aroostook, Hancock, Kennebec, Knox,
Penobscot, Piscataquis, Somerset, Waldo and Washington Counties.
Below is a complete list of Maine’s District Courts grouped by county. To
determine which court will hear your case, look on your ticket or bail papers for
address of the court where you must appear.
Federal Drug Laws
Federal drug laws focus on regulating the importation, possession, manufacturing,
distributing, marketing and sale of illegal drugs. Legal drugs that are regulated can
become illegal when they are not acquired via the proper channels.
Federal drug laws also prohibit psychoactive drugs that alter brain function or are
severely physically addictive. Examples of drugs that are unilaterally banned
include (but not limited to) cocaine, crack cocaine, PCP and methamphetamines.
The penalties for violating federal drug laws vary depending on the drug and the
intent of the person in possession. Penalties are much stiffer for persons arrested
who are attempting to distribute the drugs than for persons found to be in
possession of the drugs for personal use.
The type and amount of the drug also determines the length of penalties imposed
at sentencing, with narcotics such as crack carrying much longer jail terms than
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