https://www.maine.gov/dps/bhs/impaired-driving/laws.html

Add the speeding and it's "aggravating circumstances".

You’re gonna lose your DL for a long time, possibly a year or more. Not to mention have to file an SR-22 and pay bookooo dollars for insurance per month. Use this as a lesson learned and learn from it.

You should contact a lawyer before you take the plea. They may be able to get you a better deal. You can always do better than the DA’s initial offer.

Where did you get this info? If it's a 1st OUI, it is not a 'year or more' suspension.

This isn’t for me personally. It’s for an acquaintance that recently plead guilty to those charges. I was more curious to find out what’ll happen next

If they pleaded guilty, they would have done so with an understanding of the penalties the DA’s office was seeking, whether that is a fine, jail, loss of license, etc. They would plead guilty with an agreement to those penalties, or they would plead “open” and let the judge decide (who will often take the DA’s advisement). If there’s jail time involved, they would agree to go into custody after pleading, or the Court would order a reasonable stay (delay in reporting to jail) to let the convicted get their affairs in order before disappearing for a week or however long. They may have been given a payment plan for any associated fines; if they don’t stick to the arrangement, your friend could wind up back in court on a failure to pay warrant.

There is also a separate, administrative State process through the BMV that will determine for how long your friend loses his license. This will usually match up with any license suspension ordered by the Court. As someone stated above, the criminal speeding is an aggravating factor in the OUI, so it could be longer than the statutory minimum suspension.

Not the one that said it, but I would think that with criminal speeding thrown on top of the DUI, then you are looking at least a year or more.

You always plead not guilty and hope to plead it down to a lesser charge (with a lawyer) or have it dismissed.

If your friend pled guilty right off the bat, they fucked up pretty bad.

Family member of mine recently got charged with aggravated DWI (1st offense). He plead not guilty and actually had the charges dismissed after 3-4 court dates as the police failed to provide discovery to his lawyer. He got very lucky.

Tell your friend to get a lawyer.

International travel may prove difficult going forward (he/she may not care, but it is something to consider). Canada, for example, bans all individuals with an OUI (especially since Canada can see all American's criminal histories, especially since 2014). Many other countries have similar laws.

Nailed it. Sounds like know your way around the court system. Also, the DA offer and BMV collateral consequence could all be impacted even more negatively by criminal/driving history.

Yeah, possible, as it looks like 'criminal' speeding is a Class E, which can get up to 6 months jails time. But you'd have to max the OUI, which would be refusal, to get closer to a year.

I worked on different sides of the criminal law world for a few years.

If you're driving while drunk, that's where you fucked up.... not taking responsible for it. Driving under the influence can kill yourself or innocent people. There's no excuse for it and getting off with no charges is messed up. If someone doesn't want the consequences then they shouldn't have driven a vehicle drunk end of story 🤷‍♀️

As far as I know Canada does not ban you from travel it prohibits you from driving in their country. Also I also believe ( not positive ) this is for a 10 year period.

I was shocked that he got off. Plead guilty to a “seatbelt infraction”. Appears to be pure incompetence by the police department. This happened in New York by the way, so I’m not referencing Portland PD.

I think your friend might know my Canadian girlfriend from high school...

I get trying to get a lesser charge because fines and jail time suck, but at the end of the day people do need to just take the punishment they get because they made the choice that put them in that position. I don't know if I could in good conscience plead not guilty to something like that because even though it was fine this time, could take a life if it happened again. I can still see police not doing there part making it possible to not be charged but still.

He blew a .18 on a breathalyzer back at the station after initially refusing one on the street. Not sure how it wasn’t an easy win for them. He has stopped drinking liquor since it happened so hopefully he learned his lesson.

Sadly, it is a straight up ban (as there is no way they could enforce preventing you from driving), even if you are married to a Canadian, have a job offer from a Canadian company, anything. It used to be after 10 years you were considered "deemed rehabilitated" and a CBSA officer could permit you entry, but that has since been amended, and a DUI in Canada now has a potential max sentence of 10 years in prison, thus it is considered a serious offence, and the only way to overcome it is is to apply for rehabilitation through a Canadian consulate or at a port of entry after 10 years have passed. If 10 years have not passed you can apply for a TRP (temp residency permit), which may allow you to enter Canada for a fixed period of time, but you must have compelling reasons (so no casual visits). This is neither cheap, quick or easy in either scenario.

Wow thats insane he still got off but I'm glad he's using it to better himself and get sober.

Thank you for the information. Since you seemed well versed, I have had 3 DUI's the last one was over 36 years ago. Does that mean I am not allowed to visit Canada? Makes me wonder why I got a passport.

Edit, just read up on the laws so there is no need to answer this. I guess I don't need to visit Canada ever again. Just not worth it. Just like getting my felony for growing weed 30 years ago expunged, not giving the courts another dime of my money. Thank you for taking the time respond in a civil manner.

No problem, If you think you will ever need to go to Canada since your record goes back over 30 years ago, you can apply for rehabilitation with the Canadian Border Services. This can be done by mail through a Canadian embassy, or you can actually submit it at a land border crossing (they can process it in a few weeks rather than a few months like the embassy). It costs $200 Canadian (about $150 USD) to apply, along with their requested docs. Once you are granted it, it is good forever so you can enter Canada freely after that. It's a money grab no doubt, and in my opinion Canada is over zealous in this regard, Canada could seriously devote these resources elsewhere (like gun smugglers for example). However, you should have few issues visiting other countries (tourist) as your passport will not show your criminal record like it would for Canadian border officials, but it is always good to do a bit of research before you book a flight. Best wishes.

Thank you for the information.

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Hopefully you go to jail, pay a huge fine, spend several grand on a lawyer and lose your license for a stretch.

>anted it, it is good forever so you can enter Canada freely after that. It's a money grab no doubt, and in my opinion Canada is over zealous in this regard, Canada could seriously devote these resources elsewhere (like gun smugglers for example). However, you should have few issues visiting other countries (tourist) as your passport will not show your criminal record like it would for Canadian border officials, but it is always good to do a bit of research before you book a flight. Best wishes.

Well, I sincerely hope this isn't true. I have a nasty history from a few years ago. I was able to get into Canada afterward (2018-19). This was driving to montreal with my mother, aunt and cousin (me in the back seat). I am planning on flying up there for xmas this year and am very, very nervous that they will turn me away. My sister is married to a Canadian, with a baby and a good job. She wasn't back then the first time though.

Sounds like the agents DO have a little discretion. Fingers crossed.

It wasn’t me!!!! Someone I know of. And I hope the same things but for longer and more money.

Hopefully the loss of their license is the next step for being a scumbag behind the wheel

They do have discretion and they don't always properly check (it can also depend on how long ago your offences were, as they may not be readily available to them). Also the deemed rehabilitation (where you are automatically considered rehabilitated after 10 years) will still be considered for old offences before they changed the law in 2018. Flying in is usually better as they are more hesitant to turn you around as they have to get the airlines involved (the airline has to pay for your return flight if you are denied entry). But don't freak out if they bring you in for secondary screening, and just answer them truthfully and fully, they always prefer that, and it shows you're not hiding anything and not a menace. When you are driving up, they have no hesitation in turning you around since you just turn your car round, it's a lot less screening for them, and they are in their rights to do it.

If this person has no record, they could most likely get a cwaf. Which basically means if they don't get in trouble for however long it is essentially off their record. Unless they get another oui, then that would be 2nd offense.

You dated her too???

You wouldn't know her. She went to a different Canada

Depending on the offense they can give you a one time reprieve when you show up. You will get a piece of paper that says you're good for the trip, but don't come back. The permit also requires a fee of something like $300 IIRC.

I worked on a ship that went to Vancouver, largely with the same people, once or twice a month for a few years. Several people made it in quite a few times before Canada decided they were persona non grata, and told them not to come back. One guy came in 6-8 times before they realized he ha been in jail for "kidnapping" and told him never to return.

You can also fill our the form, or hire a lawyer, for permanent rehabilitation. There's no guarantee that they grant it, and no timeline for completion. I've seen several people take up to a year, and some just never get a response at all.

Jail and/or probation, points, license suspension, sky high car insurance rates, etc.

I didnt pay anything or get any piece of paper a couple years ago. Either way, fuck Canada. Talked with my sister last night and she was like "you'll be fine. they will not turn you away. but have a plan B in case."

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great. fuck canada. i'm 3.5 years sober and want to be with my sister who lived in singapore for 15 years. she's common law married to hockey royalty family and my only niece is 1.5 years old and she loves me and took her first steps on thanksgiving with 17 people around in maine.

but F canada if they don't let my shitbag ass in. i know rules are rules and i broke the rules and the consequences are what they are. but i don't even have a drivers license (by choice), let alone intend to drink and drive. I just want to be with my family for christmas. sacre bleau!