Drunk Driving Accident Lawyer in Maine

OUI Collision Claims From a Firm Maine Injury Victims Trust

Our personal injury practice at Moncure & Barnicle covers the full range of collision claims Maine roads produce: car accidents, truck crashes, and rideshare collisions. OUI accident claims, cases involving drivers operating under the influence of alcohol or drugs, are a natural extension of that work. These cases carry legal wrinkles that standard car accident claims don’t, and we’re prepared to work through each one with you.

If you or a family member was hurt by an impaired driver in Maine, call us today at (207) 209-2902 to schedule a phone consultation and learn what your claim may be worth.

What “OUI” Means & Why It Matters to Your Civil Claim

Maine uses the term Operating Under the Influence, or OUI, rather than DUI. A driver is legally impaired under Maine law at a blood alcohol concentration (BAC) of 0.08% or higher under 29-A M.R.S. §2411. That threshold matters in a civil case because it establishes a legal benchmark for impairment, but it isn’t the only way to prove a driver was unfit to be behind the wheel.

The criminal OUI case the State brings against the driver runs on its own track. Your civil injury claim is separate, and the outcome of one doesn’t control the other. Even if criminal charges are dropped or a jury acquits, you can still pursue compensation. Civil cases apply a lower standard of proof, and a driver who refuses a chemical test faces automatic license suspension. On top of that, refusal can be introduced as evidence against them in your civil case.

How Fault Is Established in a Maine OUI Crash

Maine is a fault-based state, which means the driver responsible for the crash is responsible for the resulting damages. Proving that responsibility means building a record from police reports, witness accounts, BAC test results, field sobriety observations, and, when necessary, accident reconstruction analysis. A drunk driving conviction strengthens a civil claim, but it isn’t required to pursue one.

Maine’s modified comparative negligence rule allows an injured person to recover damages as long as they’re found less than 50 percent at fault, with any recovery reduced by their share of fault. We assess each client’s exposure to comparative fault early so there are no surprises later.

Dram Shop Liability Under Maine’s Liquor Liability Act

The driver who caused the crash isn’t always the only party with legal exposure. Maine’s Liquor Liability Act allows injured victims to pursue claims against a bar, restaurant, or other business that negligently or recklessly served alcohol to a visibly intoxicated person or to a minor. Social hosts who serve alcohol to minors face the same potential liability, and a host who recklessly serves a visibly intoxicated adult can also be held responsible. A few key details apply before pursuing this path:

• Notice deadline: Written notice of intent to sue must be given to each defendant within 180 days of the server’s conduct, separate from and independent of the personal injury filing deadline
• Damages cap: Recovery under the Act is capped at $350,000 per accident, excluding medical expenses, regardless of how many people were injured
• Standard: Liability applies to negligent or reckless service to a visibly intoxicated person or any service to a minor

Compensation Available to OUI Accident Victims

A successful claim can recover economic damages including medical bills, lost wages, and property damage, as well as noneconomic damages for pain and suffering. Because OUI driving is treated as gross negligence, Maine law may also allow a claim for punitive damages designed to punish particularly egregious conduct. Courts award punitive damages only where the defendant acted with express or implied malice, and such awards are rare, but the possibility is worth evaluating in the right case.

Filing Deadlines for Maine Drunk Driving Claims

Maine gives injury victims six years from the date of the accident to file a personal injury lawsuit under 14 M.R.S. §752. That window is longer than in most states, but the 180-day notice requirement under the Liquor Liability Act can close faster than clients expect. If the crash was fatal, a wrongful death claim generally must be filed within three years of the date of death under 18-C M.R.S. §2-807, a deadline extended from two years for deaths occurring after October 2023. Missing any of these deadlines can forfeit your right to recover, so timing matters from the start.

Why Clients Bring Their OUI Claims to Moncure & Barnicle

Our attorneys bring decades of combined experience to each case and work directly with clients to build an individualized strategy. We maintain connections within the community that translate into resources, whether that means identifying the right experts, understanding the local legal landscape, or drawing on relationships built through years of practice.

Our case results include a $500,000 premises liability settlement, which reflects the seriousness with which we approach complex personal injury work. Past results don’t predict outcomes in future cases, but they do reflect our commitment to pursuing every available avenue of recovery. Every client we represent is treated with care, compassion, and respect from the first conversation through resolution.

Talk to a Maine OUI Accident Attorney Today

A phone consultation costs nothing and gives you a clearer picture of where your claim stands. The deadlines in drunk driving and dram shop cases move quickly, so the sooner we review the facts, the more options we can preserve for you.

(207) 209-2902 - Contact Moncure & Barnicle to schedule your consultation.