Maine OUI/DUI Fines & Penalties

Learn about the penalties for OUI/DUI conviction in Maine.

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What are the penalties for a OUI/DUI in Maine?


1st Offense

2nd Offense

3rd Offense

4th Offense

Jail

30 days

6 months

9 months and
1 day

2 years

Fines and Penalties

$500

$1,000

$1,000 min.

$1,000 min.

License Suspension

90 days

3 years

6 years

6 years

IID** Required

No

Yes

Yes Yes

Lookback Period: 10 years (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)

**Ignition Interlock Device

How much do you have to drink (BAC*) for a DUI in Maine?

Under 21

.00% Maine is a zero tolerance state

21 or older

.08%

Commercial

.04%

** BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

You may want to try our BAC Calculator, however I wouldn't let any results encourage you to drink and drive.

What if you refuse to take a chemical test in Maine?

Maine has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Maine’s implied consent law.

 

1st Offense

2d Offense

3rd Offense

Refusal to take test

275 day license suspension

18 month license suspension

4 year license suspension

Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.

Can you plead to a lesser offense than OUI/DUI in Maine?

A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in Maine, but it's possible a lawyer may be able to create a plea bargain for you.

Drinking and Driving Laws in Maine

The State of Maine prohibits drivers with a .08 percent blood alcohol content (BAC) or above from operating a motor vehicle. This criminal offense is called a OUI (Operating Under the Influence) in the State of Maine. The .08 BAC limit is the standard measurement used in all states for the "impaired" driver. The State of Maine has special laws for drivers under the age of 21 and commercial drivers. If you are under the age of 21, and have been found operating a motor vehicle with any alcohol in your system your drivers license will be suspended for at least 1 year. Maine has Zero tolerance for minors that drink and drive.

How many drinks does it take to reach the legal limit in Maine? This question is often asked by drivers that want to know how many drinks they can have before they are considered legally drunk. There are calculators , tables and charts that can help you predict your BAC level based on a number of factors, however these devices cannot predict your individual BAC with certainty.

The best answer is not to drink and drive. The State of Maine has strict laws for drunk driving, and when you drink and drive in Maine, you risk your freedom, finances and your future.

For your first OUI conviction in Maine you will receive up to 90 days in Jail and a $500 fine. Your drivers license will be immediately suspended until your day in court and for a minimum of 90 days after conviction. When your license is reinstated, it will be issued as a conditional license for the period of 1 year. If there is another conviction for OUI after the first, the conditional license will be for 10 years. A conditional license can be suspended for one year, without a preliminary hearing, for operating a vehicle with any amount of alcohol in the blood.

A second OUI will cost you a $1,000 fine and you will spend a minimum 6 months in Jail. Your drivers license will be suspended until your day of court, after that you will have your license suspended for a minimum of 3 years if you have a 2 OUI's within a 10 year period. The third OUI in Main you will receive a fine of $1,000 and you will spend a minimum of 9 months and one day in Jail. Your drivers license will be suspended for 6 years if you have 3 OUI convictions within 10 years. If your third conviction is within 10 years of your previous conviction. Your fine for a fouth OUI will be $1,000 and you will serve a minimum of 2 years in Jail. Your drivers license will also be suspended for 6 years of you have 4 or more OUI's within a 10 year period.

New OUI/DUI Laws in Maine

As of July, 2010, Maine has added the installation of an IID to allow driving privileges to be re-instated earlier. However, the law applies to those with at least two but no more than three convictions. These laws are not retroactive and only apply to individuals convicted of a DUI after July, 2010. Older penalties still apply to those convicted before this date.

In 2010 the State of Maine passed Maine House Bill 1137. The new law allows a person who committed a 2nd or 3rd OUI offense prior to September 1, 2008 to apply for early termination of a driver's license suspension on the condition that the person installs an ignition interlock device in the motor vehicle the person operates.

On 03/31/08 the Governor enacted ME S 266 (Found under LD 856). Here is the Summary of the Bill: Allows the Secretary of State to reinstate the license of a person convicted of more than one violation of the operating under the influence laws if the person installs an approved ignition interlock device, provides for a specified number of years operation as a condition of license reinstatement, provides for reinstatement fees (view the bill).

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