PORTLAND, Maine — Conviction rates for operating under the influence vary widely from county to county in Maine, an analysis of court records shows.
The analysis shows the 10-year average for drunken driving convictions ranged from a low of 37 percent in York County to a high of 83 percent in the more rural Hancock and Penobscot counties, according to the Maine Sunday Telegram, which conducted the study with the Portland Press Herald.
The contrast is even greater in individual years. It shows 94 percent of OUI charges resolved in 2010 Hancock County were convictions, compared with 32 percent in York County that same year. The newspapers analyzed 10 years of data provided by the state Administrative Office of the Courts.
Figures were not available on national conviction rates for impaired driving, so it’s difficult to assess how Maine stacks up against other states.
But in Maine, prosecutors, defense attorneys and law enforcement officers who become involved in OUI cases say district attorneys’ policies, case volumes and resources of the judiciary in particular locations are as some of the reasons for the wide discrepancies. For example, some district attorneys have a policy against pleading down OUI offenses to driving to endanger, but that practice is routine in other counties.
“If you start dropping these to driving to endanger, the question is, ‘Who gets the break and who doesn’t get the break?’” said R. Christopher Almy, the district attorney of Penobscot and Piscataquis counties, whose office opposes reducing charges. “It may appear that people with high-priced lawyers get a break or people with important jobs get a break or there’s some special reason. We just flat-out say no.”
Cumberland County District Attorney Stephanie Anderson allows defendants the chance to plead guilty to driving to endanger when it’s a first offense and the breath test indicates a .08 or .09 blood alcohol content. Cumberland County had a 10-year conviction rate of 47 percent.
“I think it’s better to get something rather than nothing at all,” Anderson said.
My guess it’s correlated directly to income, anyone who can afford to hire a lawyer can beat a routine dui as long as they don’t blow. The war on dui in this country is a joke, it has created a gigantic, inefficient money machine
Only the rookiest of drinkers is impaired at .08. Fifty years ago the limit was .15, which is about right. Now, if you hit something or someone in your vehicle then you have a huge problem and deservedly so, even if you are under .15
Apparently you didn’t know that if you refuse to blow, you’re automatically guilty and DMV will suspend your license for 180+ days instead of 90. Perhaps a high powered lawyer might get your refusal to blow thrown out but chances of avoiding that charge altogether are slim. Then of course that same lawyer will have to go with you to an appeals hearing at DMV for the longer suspension and only if the arresting officer is not present, will you win that one.
‘…..the 10-year average for drunken driving convictions ranged from a low of 37 percent in York County to a high of 83 percent in Hancock and Penobscot counties.’ ……gee could it be that Hancock County as well as Penobscot County are both way more rural and have far less resources than York County? Ever try and take a cab or public transit from Amherst to Otis or from Charleston to Hudson…..yeah me either because they don’t exist.
What does that have to do with conviction rates? Wouldn’t counties with less resources tend to have lower conviction rates?
You’re talking about population density and I’m talking about limited public transportation options is rural counties. My point was in York there are Taxi’s to drive drunk idiots home or buses so people who drink too much have other options that won’t cost them $80.00 to get a ride home….you live out in the boonies and what options do you have to get home if you don’t have a friend to drive you? Aside from not drinking too much, and clearly that isn’t an apparent reasonable conclusion for many people, taking a cab from say Bangor to Hampden or Hermon or Glenburn or Carmel or Winterport (Waldo County) cost’s a mint because NONE of those towns have Taxi services in them or any bus services past 6pm. So try taking a cab home to Greenbush or Milford or LaGrange and see how much that runs you. Ellsworth may have Taxi service but good like finding another town in Hancock county that has a Taxi service. Penobscot and Hancock counties cover more territory than York covers and many towns in York have Taxi services. Those were the resources of which I was referring to. Clearly getting an OUI is nothing to strive for.
This article has nothing to do with what you are talking about. You are talking about how many people get CHARGED with OUI and the article is referring to the CONVICTION RATE of those who are charged with oui. The only “resource” that come into play when comparing conviction rates is the money to hire an attorney. Obviously the lower rates are in the more prosperous counties because on average they have more money to hire an experienced attorney who can often get the charges dropped or at least get a not guilty ruling.
Wow. If you read my post and came away with “You’re talking about population density” then you have a serious reading comprehension problem. I’m just talking about the article. You are talking about the article as though it were about something else.
Taking a persons license away does not stop them from driving
http://www.maine.gov/dps/bhs/impaired-driving/laws.html
Just like banning guns will not stop people from getting them and killing people with them.
So because some people violate laws we should get rid of all laws?
Capitol punishment under direct threat. All else should fall under common sense.
Plus, in Penobscot, you have several schools of high learning. Mommy and Daddy can pay to keep junior out of jail and on the road to become edukated.
This
is common sense, and the statistics are showing it. There are many
reasons why rural areas have a higher rate of incident; first, some
think they will get away with it because there are less people, less
police and more back roads. Another reason is that there is less
education, therefore more depression of the soul which encourages
self-destruction and the destruction of others and their property. I
believe the attitudes of local people towards police in the past has
been a more rebellious one here in Downeast Maine. I think in past
days the law enforcement agents lacked major skills of coping with
citizens, I know now they are getting better training. I also believe
there are more people in economically depressed and remote areas who
do not possess the skills for keeping a cool head sometimes, and
taking things too personal. I have witnessed over the years arrogant,
entitled attitudes of superiority from enforcement that made me
wonder why they got into this business if they didn’t enjoy it, I
would like to seem the attitude of “nice guy, unless more force
is needed”. I know that if enforcement approached with kindness
and respect, and sees us as “innocent until proven guilty by a
court of law”, then there will be way more mutual respect and
cooperation returned which will lower
municipality/County/State/Federal costs. The Bar Harbor police are a
great example in my opinion of an agency overcoming the resistance of
a community; the department, and especially one of the officers there
by the name of Jake, that has gained my respect and loyalty as well
as from many other friends and family in the community. Even though I
do not consume massive amounts of alcohol, my friends do, and now
that they don’t want to disrespect the authorities now by getting
behind the wheel, they instead will make a better choice and walk or
I will give them a ride. I hope that any officer that still reigns
with fear and anger in their heart hears my call for a better
approach, like the one they teach in hospitals and universities,
cognitive behavioral therapy. I actually think they should teach that
in school right from the start, I know it is effective:) I also call
out to anyone that gets impaired on anything who might ever think
about driving after “DON’T DO IT!”
This article doesn’t say a single thing about the rate of incidence. Only about the rate of conviction for those charged.
You are correct. The article simply states that the DA in York and Cumberland counties are more lenient that the DA’s of northern counties. Kind of a wasted article if you ask me. Has nothing to do with percentage of people drinking and driving. State and country wide, I bet it’s a lot higher than people realize.
Forest Beyond The Trees. Who cares about if this article was what you hoped? It brought more attention to the issue. The question is, can you complain, do something about it, and chew bubble gum at the same time? Think outside of the box of how we solve and do things in this world. Break free and release yourselves from whining, driving drunk, being SHEEPLE, and form this world into something you LOVE. What role do you play, and does it passionately come from within you? Choose to look behind or forward.
No surprise here. Some serious shortage of chromosomes up there.
Maybe. But but leave our flat black osomes out of this.
Bar Harbor Police Dept gets on the average about 100 oui’s a year. but they also wait outside bars they have cameras all over town and have no problem pulling you over for absolutely no reasoin at all…its a police state here in bar harbor
Really good post, Ellsworth, Bar Harbor and most of Hancock County are truly in a police state, damn near Martial Law. I also believe that cell phones and people calling in and reporting other people is a regular routine. The real truth is that texting is far more a problem, then a car with some rust, or a driver under .15. They are destroying lives, families with making so many a criminal, over a oz of pot or a few drinks. They take your license and you are pretty much finished, and they know that, and they do not give a hoot.
In both county’s they don’t have just one or two drunks they all take turns.
And we are in bed by 9:00, and at work at 6:00.
I am bed sleeping by 7pm and up by 4am.
I get to sleep in 1/2 hour later than you!
Perhaps there are more drunk driving convictions because there are more of them out and about in these two counties………..and perhaps the law does not scare them…I lost my license for two years for seven speeding tickets (this was years ago boys so settle down). It’s been over fifteen years without a ticket because I am still SCARED of the punishment. A loss of license for 90 days and to pay a fine at ten dollars a month because your/they are poor……good lord I got worst for spilling my milk.
Stop talking days and start talking years without a license or ‘special’ permission incentives………stop talking mini fine payments and start talking 90 days pay in full. I am sure the people looseing their lives would love to vote on it if the chance..
Talking about incentives………why not have each establishment with a sit down bar be responsible for hiring a 24 hour ‘cab driver’ to be employeed for the sole purpose of taking the ‘over indulged’ patrient home. For that service the establishment would receive some kind of a incentive to be named later.
i don;t know about you but I would rather pay twenty dollars to keep the public safe than 20 million to a relative of an entire family that was obliviated by a drunk driver with a scratch…………………….
Now isn’t that cute, Anderson dropping OUI charges to Driving to Endanger. What is she prosecutor, judge, and jury. Hope she does not lose someone close to a drunk driver who was let go by her.