How Do I Prepare Myself To Deal With An OUI Charge?

By Matthew Nichols

April 14, 2015 May 29, 2016

I have been exclusively a criminal defense lawyer for over 25 years. Over those years I have defended murder cases, attempted murder, arson, robbery and every other type of major felony that you can name. For the past 22 years I have devoted approximately 90% of my practice to defending OUI cases and teaching seminars for defense counsel statewide on how to defend OUI cases. Those seminars have occasionally included teaching to judges from around the state.

While the aforementioned felony cases carry potentially more severe consequences than the typical OUI case, OUI cases are by far and away the most complicated of all Maine criminal cases procedurally. The procedure is often the greatest source of anxiety and stress for most folks. When will I lose my license? How long will my suspension last? What, if anything can I do to shorten my suspension? What about jail time? What will happen if I have prior conviction(s)? What is the DEEP program and how and when should I do it?

Although the other felony cases I mentioned indeed carry more serious consequences, it takes about twelve seconds, literally, to explain the procedural aspects of those cases. It takes about 45 minutes to appropriately explain the procedural landscape of an OUI case.

So, how do you prepare yourself to deal with an OUI charge?

First and foremost, hire an OUI defense lawyer who is the best qualified to represent you. Shop around. I encourage folks to interview several attorneys before making a choice. My initial consultations are free. However, they last about an hour and a half. The goal is to explain all of the procedural aspects of your case and to give you a procedural “road map” including all of the obstacles you are facing and how to best deal with them proactively. By doing so, I can greatly reduce your stress level as well as your worst case scenario loss of license and jail time, give you confidence in your ability to win your case and give you the assurance that you will receive the best defense available and guidance throughout your case. For more information read the article I wrote about what should you expect at your initial consultation.

There are some things over which you have total control in dealing with an OUI case.

For example: On a first offense, complete DEEP as soon as possible. DEEP is an acronym for Driver Evaluation and Education Program. I have a way to shortcut you through this program. DEEP is required for anyone who loses his license due to impaired driving. Be proactive and get DEEP done as quickly as possible. By doing so, a first offender can reduce his/her suspension from 150 days to 30 days.

If you have multiple prior convictions and are thus facing a felony charge, I will advise you on what to do to, at least, avoid a felony conviction in almost every instance. That will require proactive steps. But, we will discuss those at our initial free consultation. Those steps may include going above and beyond the DEEP program in terms of counseling and treatment.

Especially for young people: community service and a substance abuse evaluation well before any court dates are very helpful. Again, you are in control. Take advantage of your opportunity.

The foregoing represents examples of what you can do to take control of your case. In order to tailor those opportunities to your situation, you need to work with a defense attorney who will guide you through the process and advise you according to your individual circumstances.

For more information and guidance, call me, Matt Nichols, at 207-878-4000 and check out the rest of our website at www.nicholschurchill.com. I’m now at 1250 Forest Avenue, Portland, Maine 04103.