Maine DUI Law Information

Drivers arrested in the State of Maine for operating under the influence (OUI) will face severe OUI penalties including potential jail time, a driver’s license suspension, potential mandatory ignition interlock installation, and fines.

Maine OUI defined

Maine drivers commit an OUI (operating under the influence) if they are operating a vehicle while under the influence of intoxicants or while having an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath; [2009, c. 447, §37 (AMD).]

Maine Look Back or wash-out period: 10 years

If a driver’s second or third driving infraction occurs during the look back period the OUI penalties can be substantially increased. The date begins on the date of the first OUI arrest.

Criminal OUI Penalties in Maine

First OUI offense:

Fines of no less than $500 (if a person failed to submit to the chemical test the fine is a minimum of $600)
Suspension of the driver’s license for 150 days
Jail time of no less than 48 hours if the driver’s BAC was 0.15% or higher, they were driving 30 miles per hour or more over the speed limit, they eluded arrest or they had a passenger under the age of 21 years old in the car.
Jail time of no less than 96 hours if the driver refused to submit to a chemical test

Second OUI offense:
(Within 10 years)

Fines of no less than $700 (if a person failed to submit to the chemical test the fine is a minimum of $900)
Suspension of the driver’s license for 150 days
Jail time of no less than 7 days but at least 12 days if the driver refused to submit to a chemical test
A court-ordered suspension of a driver's license for a period of 3 years
A court-ordered suspension of the person's right to register a motor vehicle

Third DUI offense:
(Within 10 years of previous offense)
(Class C Crime)

Fines of no less than $1,000 (if a person failed to submit to the chemical test the fine is a minimum of $1,400)
Jail time of no less than 30 days but at least 40 days if the driver refused to submit to a chemical test
A court-ordered suspension of a driver's license for a period of 6 years
A court-ordered suspension of the person's right to register a motor vehicle

Fourth DUI offense:
(Within 10 years of previous offense)
(Class C Crime)

Fines of no less than $2,100 (if a person failed to submit to the chemical test the fine is a minimum of $2,500)
Jail time of no less than 6 months but at least 6 months and 20 days if the driver refused to submit to a chemical test
A court-ordered suspension of a driver's license for a period of 8 years
A court-ordered suspension of the person's right to register a motor vehicle

Maine’s Implied Consent Law

Drivers in Maine have given their implied consent to submit to a chemical test if they have been arrested for OUI. Failure to consent to the required testing may result in administrative penalties, which are enforced by Maine’s Secretary of State and are imposed regardless of whether the driver is ultimately convicted of OUI.

Drivers who refuse the chemical test will face the following administrative penalties:

First refusal- 275 day driver’s license suspension
Second refusal- 18 month driver’s license suspension
Third refusal- 4 year driver’s license suspension
Fourth refusal- 6 year driver’s license suspension

To challenge an administrative suspension, drivers must request an administrative hearing to contest the action taken by the Secretary of State (review 29-A M.R.S.A. section 2483 for more information).

(Read more: - state laws )