Local DUI Laws

A Step-by-Step Look at What Follows an OUI Arrest

In Maine, being arrested for Operating Under the Influence (OUI) marks the beginning of a structured legal and administrative process. While many people are familiar with the moment of arrest itself, fewer understand what comes next—and how multiple systems (legal, administrative, and procedural) interact in the days and weeks that follow.

Maine’s OUI laws are enforced with the intention of maintaining public safety and providing clear procedures for handling impaired driving cases. From the moment a person is taken into custody, a series of events begins that includes booking, temporary release, license consequences, court scheduling, and the formal filing of charges.

This article outlines what happens after an OUI arrest in Maine. Whether someone is a first-time offender or facing repeat charges, the process is generally the same. Understanding each step can help clarify how the state handles OUI enforcement from arrest through prosecution.

Step 1: Booking and Initial Processing

After a person is arrested for OUI in Maine, they are typically transported to a local police station or sheriff’s office for booking. This is a standardized process that includes:

• Recording the individual’s personal and arrest information
• Taking fingerprints and a booking photo
• Collecting any personal property for temporary storage
• Administering a formal chemical test if it hasn’t been completed already

In some cases, the arresting agency may wait to complete the chemical test (such as a blood draw) at this stage, especially if alcohol or drugs are still suspected but not yet confirmed.

Depending on the circumstances and the results of any chemical tests, the individual may be held in custody for a short period or released with a court summons. For many first-time OUI arrests that do not involve accidents or injuries, temporary release is common after processing is complete.

Step 2: Administrative License Suspension

One of the first consequences following an OUI arrest in Maine is an administrative suspension of the individual’s driver’s license. This is handled by the Bureau of Motor Vehicles (BMV) and is separate from any court-ordered penalties that may come later.

Here’s how it typically works:

• If the driver failed a chemical test (BAC over 0.08%), the BMV may initiate a suspension process
• If the driver refused testing, the suspension may be imposed more quickly and for a longer period
• The suspension is considered administrative, not criminal

The driver will receive a notice of suspension in the mail or at the time of release. In many cases, they are allowed to request a hearing to challenge the suspension, but this must be done within a specific timeframe—usually within 10 days of receiving the notice.

Even if the court case results in a not-guilty verdict, the administrative suspension can still be enforced independently by the BMV.

Step 3: Scheduling and Preparing for Court

Following an OUI arrest in Maine, a court date is scheduled. The timeline varies depending on the county and whether the individual is being charged with a misdemeanor or a felony-level OUI (which may occur in cases involving injury or multiple prior offenses).

The first court appearance is usually an arraignment, where:

• The formal charges are presented
• The individual enters a plea (typically “not guilty” at this stage)
• Future court dates are scheduled

Between the arraignment and trial or resolution, both the prosecution and defense may gather evidence, review chemical test results, and interview witnesses. This stage may involve motions, such as challenges to the legality of the stop or the reliability of the testing procedures used.

In some cases, plea negotiations may begin during this period, although no decisions are finalized until later stages.

Step 4: Filing of Formal Charges

OUI charges in Maine are filed based on the arresting officer’s report, evidence from the scene, and chemical test results. The District Attorney’s office is responsible for formally filing the case with the court.

Charges may include:

• OUI – Alcohol (based on BAC over 0.08%)
• OUI – Drugs (if impairment was due to controlled substances)
• Refusal charges (if the individual declined chemical testing)
• Aggravated OUI (for cases involving injury, minors in the vehicle, or high BAC levels)

Once filed, these charges become part of the official court record. The defendant will be expected to appear in court as scheduled, and failure to appear can result in additional legal issues.

It’s also important to note that some cases may include additional citations or violations—such as speeding, improper lane usage, or failure to submit to testing—which can impact sentencing later.

Step 5: License Restrictions and Conditions Before Trial

Before the case is resolved in court, the driver may face pretrial restrictions related to their license or ability to drive. Depending on the specifics, this could include:

• A temporary license with restrictions (such as driving only to work or medical appointments)
• Enrollment in an alcohol education or treatment program (especially for repeat offenses)
• Use of an ignition interlock device, depending on the case and history

These pretrial conditions are designed to reduce risk while the legal process unfolds. In some counties, a judge may order specific conditions at the arraignment that must be followed until the case is closed.

Violating these conditions can result in additional penalties, including revocation of temporary driving privileges or contempt of court actions.

Step 6: Case Resolution and Possible Outcomes

Maine’s OUI cases can be resolved in several ways, depending on the evidence, charges, and individual’s history. Common case outcomes include:

• Dismissal – In rare cases, charges may be dropped if evidence is insufficient or procedural errors occurred
• Plea Agreement – The individual may plead to reduced charges in exchange for lesser penalties
• Trial – If the case proceeds to trial, a judge or jury will determine guilt based on the evidence
• Conviction – If found guilty, sentencing will follow based on Maine’s guidelines for OUI offenses

First-time convictions often result in:

• Fines
• License suspension
• Mandatory completion of an alcohol education program
• Possible jail time (typically suspended or minimal for a first offense)

Repeat offenses or aggravated circumstances usually lead to longer suspensions, higher fines, and mandatory jail time.

FAQ: What Happens After an OUI Arrest in Maine

Will I lose my license immediately after an OUI arrest in Maine?
Not necessarily immediately, but an administrative suspension typically follows soon after. A notice will be sent or given at release.

Can I drive while waiting for my court date?
In some cases, you may receive a temporary license or be allowed to drive with restrictions until the suspension takes effect.

What if I refused a breath or chemical test?
Refusing a test usually results in longer administrative suspension periods and may still lead to an OUI charge.

Is court mandatory after an OUI arrest?
Yes. You must appear in court on the scheduled dates, starting with arraignment. Missing court can result in additional penalties.

Can I request a hearing to keep my license?
Yes, you can request an administrative hearing with the BMV, but it must be done quickly—usually within 10 days.

How long does the entire process take?
It varies, but most cases unfold over several months. Court timelines depend on the county and complexity of the case.

Can a first OUI offense lead to jail time?
Yes, but for first offenses without aggravating factors, jail time is often minimal or suspended in favor of fines and programs.

Conclusion

An OUI arrest in Maine sets off a series of structured steps—from booking and administrative license suspension to court appearances and the filing of formal charges. While the process may vary slightly depending on individual circumstances, it generally includes both legal and administrative pathways. Understanding what happens after an arrest helps clarify the procedures that follow and highlights the importance of timely actions and compliance.

To explore how Maine’s impaired driving system functions as a whole, visit How DUI Laws Work. For a closer look at how OUI charges progress through the legal system, see How DUI Charges Are Filed and Prosecuted.