This is undoubtedly the most frequently asked question that I receive from people who have never been convicted of operating under the influence. There are a myriad of factors that go into this answer in cases involving serious bodily injury and/or death. For purposes of this answer, I will focus solely on what you should do if you have no priors and your case does not involve a death or serious bodily injury. Maine has an Implied Consent law. That law requires you to submit to a chemical test (breath, blood or urine), if a law enforcement officer has probable cause to believe that you have been operating under the influence and he requests that you submit to a chemical test. Without getting into all of the details, if you submit to a chemical test, you will be able to limit your license suspension exposure to a total of 30 days between the administrative license suspension proceeding and a court conviction. That is the worst case scenario. If you refuse to submit to a chemical test, you are subject to losing all of your driving privileges for a period of 14 months. There are various ways to limit your exposure, including but not limited to, having charges reduced in court, winning your administrative hearing, and following the advice of an experienced OUI attorney regarding the timely fulfillment of your DEEP requirements and payment of reinstatement fees. If you are convicted of operating under the influence with a refusal, you are subject to a MINIMUM mandatory jail sentence of 4 days. In many counties, including Cumberland County, that sentence must be served via actual jail time. If you submit to a chemical test, you minimum mandatory jail sentence may be no time at all or up to 48 hours. The 48 hour jail sentence is almost always served through an alternative sentencing program rather than incarceration at the Cumberland County Jail. The administrative adjudication for refusing a chemical test as opposed to taking a test, will count as a prior conviction if you are charged with operating under the influence in the future regardless of the disposition of your criminal case in court. Additionally, your refusal to submit to a chemical test will be admissible against you in any trial for operating under the influence. Many judges will give the jury an instruction at the conclusion of a trial that your refusal to submit to a chemical test may be considered as “consciousness of guilt” and may support a conviction for operating under the influence in and of itself. When you are called upon to make your decision about whether or not to submit to a chemical test, you are NOT entitled to the advice of an attorney or a friend or a loved one. The decision is yours. But, you need to be aware of the consequences of your decision.