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FloridaLawyer, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 741
Experience:  Former State Prosecutor, licensed attorney with active criminal defense practice
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Hello Im pleading guilty at an arraignment hearing on the 14th

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Im pleading guilty at an arraignment hearing for  OUI - only 0.10 grams of alcohol per 210 L of Breath 001 offense state of Maine. First Offense ever in any state . Will I be incarcerated,how long will they suspend my license,and how much will the fine be and will I have an extended time period to pay it? Should I mention Im resident in Italy and cannot be present for a driving school,as I must fly back to my wife & 5 daughters on the 16th of October,and go to work.Thankyou Tracy Greene


Hello JA Customer,


I am an expert here at Just Answer and I would be happy to answer your question.


A first offense OUI conviction in Maine carries a mandatory 90 day driver's license suspension, and a $400 fine, plus court costs. There is no mandatory jail sentence for a first offense as long as there were no aggravating circumstances, such as having a BAC level of .15% or greater, or exceeding 30 or more mph over the posted speed limit, or attempting to elude the police, or having a passenger under the age of 21 in the vehicle at the time.


If there are aggravating circumstances, there is a 90 day license suspension, a $400 fine, plus court costs, and a mandatory 48 hour jail sentence. If you refused to submit to a chemical test, the minimum jail sentence is 96 hours, and a $500 fine, plus court costs. A refusal also results in an additional 275 day license suspension. If there was a passenger under 21 in the vehicle, you will also face an additional 275 day license suspension.


First time offenders will be eligible to request a work restricted license by filing a petition with the Secretary of State as long as you submitted to a chemical and there was not a passenger under the age of 21 in the vehicle. As long as your BAC level was less than .17% your chances of being granted a work restricted license are good.


I would definitely mention that you are a resident of Italy and you need to go back home. This will allow the court to modify any necessary conditions of your sentence so that you do not have to remain in the United States because of the charge.


I hope this helps, best of luck!


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