If you are under the age of 21 and you have been arrested for operating under the influence (OUI) in Maine, or you are the parent of a minor charged drunk driving, you probably have a lot of questions.
As an OUI attorney for over 15 years, I have helped many people in your position, and over the years, I have found that the laws for underage OUI are intimidating and not always easy to understand.
If you or someone you know has been charged with underage OUI, here is what you need to know:
Maine has Zero Tolerance Laws
If you are under 21 and have any measurable amount of alcohol in your body, Maine law dictates that you will lose your license for a year. If a minor refuses a Blood Alcohol Content (BAC) test, mandatory suspension starts at 18 months. An additional 180-day suspension is imposed if you have a passenger under 21 in the vehicle.
Laws are more severe for underage drivers with a BAC over .08%. If you are legally drunk while driving and under 21, you will not only be prosecuted for OUI, a misdemeanor criminal charge, but you will lose your driver’s license for a year.
Maine Zero Tolerance laws are meant to deter minors from drinking and driving, as we have discussed in our blog entry about underage possession of alcohol. That being said, there is a difference between a Zero Tolerance conviction and an underage OUI conviction. Many times, OUI defense attorneys can work with prosecutors to make sure that a Zero Tolerance conviction can stay off of your permanent record through community service and/or drug and alcohol counseling. If you have been charged with underage OUI under the Zero Tolerance law, it is important to hire an attorney so you can be sure to have the best possible outcome.
Underage OUI charges can stay on your permanent record.
As previously mentioned, unlike other criminal charges, underage OUI charges are not expunged when you turn 18. They can have a negative impact on college applications, job applications and a myriad of other things including car insurance and your criminal record.
You should talk to your parents about your underage OUI.
If you are under 21 and you have been charged with OUI, you probably feel scared and ashamed. You might worry about how your parents will react. As an experienced defense lawyer I can tell you, underage OUI is NOT something you can sweep under the rug. You need to be proactive to do everything you can to have the best possible outcome. You should seek legal counsel. And unless you have a reason to fear for your safety, you should seek the support of your family.
Even if you have been arrested for underage drunk driving, you still have rights.
Every OUI arrest is different and there can always be mitigating factors in a drunk driving arrest that can serve to lessen the charges or get them dropped completely, such as an illegal stop or improperly administered or handled BAC test. Working with an experience OUI lawyer will help make sure your case has the best outcome possible.
If you have been charged or summonsed for underage drinking and driving, you should contact an experienced OUI attorney immediately. Our office provides free and confidential case consultations for those in need of criminal defense representation. Give us a call today at 207-591-5747 to schedule your free case consultation.
– Posted by Attorney Benjamin P. Campo, Jr.
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