Stages of an OUI Case — Maine

Each individual case is different, but there is a rough timeline that anyone arrested for operating under the influence of drugs/alcohol in the state of Maine can expect. Some involve the BMV (Bureau of Motor Vehicles), others are state-oriented, but all have the potential to affect your life long-term. Here is a basic timeline of what to expect and when during your OUI case, but be sure to speak with an experienced attorney to learn more about your individual case.



1. Some defendants are allowed to post bond before/after arraignment, depending on a variety of factors. Those who are permitted to do so will receive a lengthy instruction list before being allowed to leave jail, and any failure to abide by the rules will result in the bond/bail being revoked. Having a long criminal history or previous OUI convictions could keep you from being allowed to post bond/bail before arraignment.



2. Arraignment is the first step after the arrest in many cases. Obviously, regardless of the case, the arrest is the first bump in the road, but arraignment will be your official introduction to the charges filed against you. This is often the only time that you will have to stand before the judge in person, unless your case goes to trial or special circumstances exist. On some occasions, your lawyer may be able to arrange your absence during the arraignment, depending on the case. There are specific documents that must be filed with the court, and restrictions do apply.



3. A notice will be received by the defendant from the BMV notifying them of the decision to suspend/revoke driving privileges. The contents of the notification depend on the case, charges, and criminal history of the defendant. You have only 10 days to contest this suspension, or the window of opportunity officially closes and you will go under suspension for the mandatory minimum time period.



4. After arraignment, your lawyer will receive information from the prosecution regarding the full specifics of the case against you. You can then work together to begin to establish the best defense in your case, depending on the circumstances and the involvement of any mitigating factors.



5. You and your attorney will be asked to meet with the prosecutor to discuss the case and potential resolutions. This is a great time to offer pleas and request leniency if the case permits, but your lawyer will discuss how this is done and the availability of plea agreements in your area. However, it is important to keep in mind that many cases are not good candidates for negotiation. Your attorney should fight for you every step of the way, through trial if necessary. Preserving your liberty, record and future should be the at the top of the attorney's list.



6. Finally, the judge will rule on the case. There may be a trial, but the majority of OUI cases are decided outside of the courtroom. Your sentence and final outcome may be very different than someone else's, so it is important to listen to your attorney in order to have a realistic expectation for this step.



This information is provided solely for informational purposes and does not constitute legal advice.



William Bly of The Law Office of William T. Bly is an OUI lawyer practicing in the state of Maine, dealing regularly with issues like OUI arrests.