Follow Us x
Second Offense OUI Lawyer You Can Trust
A second OUI arrest in Maine puts your license, your job, and your freedom at risk—all at once. Under Maine's 29-A M.R.S. § 2411, the criminal case and Bureau of Motor Vehicles suspension run in parallel, which means you're fighting on two fronts with strict deadlines.
What You're Up Against With a Second OUI in Maine
Maine law treats a second OUI in Maine far more seriously than a first offense. Under current Maine statutes, mandatory minimum jail time applies, fines increase substantially, and license suspensions extend for years. If your prior conviction falls within the 10-year look-back period, prosecutors will file an information alleging the prior offense, triggering enhanced penalties.
How Maine Counts Prior Convictions
Maine's 10-year look-back rule counts any prior OUI conviction—in Maine or another state—if it occurred within the past decade. We regularly see cases where clients believed their Massachusetts or New Hampshire conviction wouldn't count, or that a negotiated plea to "reckless driving with priors alleged" meant they avoided an OUI. The BMV and prosecutors review certified court records from other jurisdictions, and out-of-state equivalents count toward Maine's sentencing enhancements.
Key Deadlines After Your Arrest
Request a BMV hearing within 10 days if you refused or failed a breath test—missing this deadline means automatic suspension
Preserve evidence immediately—dash cam footage, DataMaster maintenance logs, witness contact information
Consult an attorney before arraignment to address bail conditions and explore early negotiation
Penalties, Fines, and License Loss You Could Face
A 2nd offense DUI Maine conviction under 29-A M.R.S. § 2411(1-A)(D) carries a mandatory minimum of seven days in jail, with sentences up to 11 months possible. Fines range from $700 to $2,000, plus a $50 Law Enforcement Agency Reimbursement Fee and other court costs totaling 300–500. The court will order a three-year license suspension, running separately from any BMV administrative suspension.
Jail time for second DUI can sometimes be reduced through alternative sentencing—48-hour incarceration programs or participation in the Day Reporting/Electronic Monitoring Program—but these alternatives require judicial approval and strong mitigation.
"Darrick took on an extremely difficult case on my behalf. He did a phenomenal job and the outcome was better than I expected. His knowledge of the proceedings was exceptional."
— Steven A.
Hardship License and Ignition Interlock Rules Explained
After serving 18 months of your suspension (for a test failure) or 33 months (for a refusal), you may apply for a restricted work permit through the BMV's Administrative Hearings Unit. An ignition interlock device is mandatory for the permit's entire duration. Installation runs 100–200, with monthly monitoring fees of 70–100. Violations—missed calibrations, failed breath tests—extend your requirements and can trigger new criminal charges under 29-A M.R.S. § 2562.
Ways We Fight Second-Offense OUI Charges
We examine every element of the state's case. In Kennebec, Penobscot, and Cumberland County courts, we've successfully challenged cases based on:
Illegal traffic stops lacking reasonable articulable suspicion
Field sobriety test administration that violated NHTSA protocols
DataMaster breath test errors—improper 15-minute observation periods, radio frequency interference, machine maintenance gaps
Blood draw procedures that violated chain of custody or implied consent advisements
Officer report inconsistencies contradicted by dash cam footage
We also pursue alternative dispositions where facts support them, including negotiated plea agreements that preserve CDL eligibility or participation in substance abuse treatment in lieu of extended jail time.
"Banda is the man!!! Took care of everything, kept me in the loop and took extra time to explain the laws and things going on in the case."
— Samuel W.
Why Drivers Across Maine Trust Bourget & Banda
We've appeared in Maine's District Courts for decades, handling OUI defense and criminal law matters from Aroostook to York County. We know which judges allow alternative sentencing, which prosecutors negotiate pre-trial, and how local BMV hearing officers evaluate hardship applications.
Local court experience in Augusta, Bangor, Portland, and surrounding jurisdictions
Clear, responsive communication with same-day or next-day callback guarantees
Transparent fee structures discussed in your first consultation
Ready for Answers? Contact Our OUI Defense Team Today
Every day you wait is a day lost. Call Bourget & Banda at (207) 623-3731 or contact us online for a confidential consultation.
Call us today for a confidential consultation: (207) 623-3731
