Three Emerging Trends in OUI Sentencing

by admin on February 11, 2011

Three Emerging Trends in OUI Sentencing

OUI regulations are getting tougher in Maine. There is now a clear trend towards legislation calling for compulsory jail time for OUI convictions. On the other hand, judges may be prepared to suspend minimum compulsory jail sentences so as to prevent most OUI defendants from going to court for a jury trial. Here are three emerging trends we’re seeing in OUI sentencing:

Zero Tolerance.

When it comes to underage drinking and driving, Maine has a “zero tolerance law.” Any person under the age of 21 who is stopped for any reason and found to have any measurable amount of alcohol in his or her system is in violation of this law. In addition, if you’re carrying a passenger under the age of 21 at the time of your OUI arrest, an additional 180 days will be added to your license suspension period.

Required Completion of D.E.E.P. Program.

The Driver Education and Evaluation Programs are legislatively mandated tools for combating OUI in the State of Maine. If your blood alcohol concentration (BAC) is 0.08% or higher at the time of your arrest, you may be required to participate in one or more of these programs.

Stiffer penalties for aggravated circumstances.

If your BAC was 0.15% or higher, you were driving more than 30 miles over the speed limit, you tried to elude the police or you had a passenger under the age of 21 at the time of your arrest, you will be required to spend at least 48 hours in jail.

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