Maine's OUI/DUI Laws and First, Second, and Third Conviction Penalties

In Maine, operating a vehicle while under the influence (OUI) is illegal. Although OUI is the OUI terminology for drunk driving, people sometimes use DUI ("driving under the influence.") The penalties for a conviction depend primarily on the number of prior convictions.

This article covers Maine's OUI laws, including how the offense is defined and the penalties a driver might face for a first, second, or third OUI conviction.

How Maine Defines "Operating Under the Influence" (OUI)

Maine prohibits operating or attempting to operate a motor vehicle while:

• having a blood alcohol concentration (BAC) of .08% or more, or
• under the influence of alcohol, drugs, a combination of drugs, or a combination of alcohol and drugs.

(Me. Rev. Stat. tit. 29-A, §§ 2401, 2411 (2025).)

In other words, an OUI conviction can be based on BAC or actual impairment. An OUI based on BAC is called a "per se OUI."

What "Under the Influence" Means in Maine

Drivers are considered "under the influence" if their mental or physical faculties are, to any extent, impaired by alcohol, drugs, or other intoxicants. The court will look at evidence that shows impairment, such as the defendant's:

• driving behavior
• statements to the police about drinking or using drugs
• physical appearance and demeanor (such as bloodshot eyes and stumbling)
• breath smelling of alcohol, or
• performance on field sobriety tests.

(State v. Atkins, 129 A.3d 952 (Me. 2015); State v. Melanson, 804 A.2d 394 (Me. 2015).)

An OUI Conviction Doesn't Require Actual Driving in Maine

"Operating" or "attempting to operate" a vehicle doesn't require actual movement. An impaired motorist who intends to drive the vehicle and takes a substantial step toward doing so can be convicted of an OUI. (Me. Rev. Stat. tit. 29-A, § 2401 (2025); State v. Belhumeur, 128 A.3d 646 (Me. 2015).)

Maine's Misdemeanor and Felony OUI Conviction Penalties

The possible jail, fines, and license-related penalties for an OUI conviction depend on the number of prior OUI convictions the driver has. Other factors, such as a high BAC, can increase the penalties for a conviction.

How Long a Maine OUI Conviction Stays on Your Record

Generally, only prior convictions within the last 10 years count for sentencing purposes (often called a "washout" period). (Me. Rev. Stat. tit. 29-A, § 2411 (2025).)

Probation for OUI Offenses in Maine

The sentencing judge often will place a driver on probation and can suspend all or part of the incarceration term. However, the court can't suspend mandatory minimum sentences. (Me. Rev. Stat. tit. 17-A, § 1605 (2025).)

Jail Time, Fines, and License Suspension for a First Maine OUI—Misdemeanor

A first OUI conviction is a misdemeanor (Class D crime) and generally carries:

• up to a year in jail (with a minimum of 96 hours when the driver refused alcohol testing)
• $500 to $2,000 in fines, and
• a license suspension of 150 days.

(Me. Rev. Stat. tit. 29-A, § 2411, tit. 17-A, §§ 1604, 1704 (2025).)

A first-offense OUI requires a mandatory 48 hours in jail if the driver had a BAC of .15% or more, attempted to elude law enforcement, was speeding 30 miles per hour or more over the posted limit, or had a passenger younger than 21. (Me. Rev. Stat. tit. 29-A, § 2411 (2025).)

Jail Time, Fines, and License Suspension for a Second Maine OUI—Misdemeanor

A second OUI conviction is a misdemeanor (Class D crime) and generally carries:

• 7 days to 1 year in jail
• $700 to $2,000 in fines
• a license suspension of three years, and
• a suspension of the right to register a motor vehicle.

(Me. Rev. Stat. tit. 29-A, § 2411, tit. 17-A, §§ 1604, 1704 (2025).)

For a second OUI offense involving an unlawful refusal to take a blood, breath, or urine test, the minimum jail time is 12 days and the minimum fine is $900. (Me. Rev. Stat. tit. 29-A, § 2411 (2025).)

Jail Time, Fines, and License Suspension for a Third Maine OUI—Felony

A third OUI conviction is a felony (Class C crime) and generally carries:

• 30 days to 5 years in jail
• $1,100 to $5,000 in fines, and
• a license suspension of six years.

(Me. Rev. Stat. tit. 29-A, § 2411, tit. 17-A, §§ 1604, 1704 (2025).)

For a third OUI offense involving an unlawful refusal to take a blood, breath, or urine test, the minimum jail time is 40 days and the minimum fine is $1,400. (Me. Rev. Stat. tit. 29-A, § 2411 (2025).)

Treatment Requirements for Maine OUI Offenders

A driver with a second or subsequent OUI conviction must complete an alcohol and drug program. (Me. Rev. Stat. tit. 29-A, § 2411 (2025).)

Maine OUI License Suspension for Having an Underage Passenger

A driver who had a passenger younger than 21 in the vehicle will face a 48-hour mandatory minimum jail sentence for a first OUI. Committing an OUI with a passenger younger than 21 also carries an additional 275-day license suspension. This 275-day suspension is tacked onto other suspensions received by the driver and applies to all OUIs—whether it's a first or subsequent offense. (Me. Rev. Stat. tit. 29-A, § 2411 (2025).)

Maine OUI Penalty Enhancements for Injuries and Fatalities

An OUI that involves serious bodily injury or death will result in increased penalties. A serious bodily injury OUI is a class C crime, which carries six months to five years in jail, $2,100 to $5,000 in fines, and a six-year driver's license suspension. (Me. Rev. Stat. tit. 29-A, § 2411, tit. 17-A, §§ 1604, 1704 (2025).)

A fatality OUI is a class B crime and will result in 6 months to 10 years in jail, $2,100 to $20,000 in fines, and a 10-year driver's license suspension. A fatality or injury OUI conviction stays on a driver's record forever and will increase the penalties for future OUI convictions. (Me. Rev. Stat. tit. 29-A, § 2411, tit. 17-A, §§ 1604, 1704 (2025).)

Getting a Restricted License Following an OUI Suspension in Maine

Drivers who have their license suspended for an OUI offense generally are eligible for early reinstatement and a restricted license. To obtain the restricted license, the driver must install an ignition interlock device (IID), petition to the Secretary of State for reinstatement, and complete the following requirements:

• First offense. For a first offense, the driver must complete 30 days of the suspension and maintain an IID for the remainder of the original suspension period.
• Second offense. For a second offense, the driver must complete nine months of the suspension and maintain an IID for the remainder of the original suspension period.
• Third offense. For a third offense, the driver must complete three years of the suspension and maintain an IID for the remainder of the original suspension period.

(Me. Rev. Stat. tit. 29-A, § 2508 (2025).)

A work-related hardship or restricted license may also be available for a first-offense OUI-related suspension. (Me. Rev. Stat. tit. 29-A, § 2503 (2025).)

Maine's Underage OUI Laws

Drivers who are younger than 21 are prohibited from having any measurable amount of alcohol in their system while operating a vehicle. (Me. Rev. Stat. tit. 29-A, § 2472 (2025).)

A violation carries a one-year suspension for a first offense and a two-year suspension for a second offense. Underage offenders who were transporting at least 1 passenger younger than 21 at the time of the offense will receive an additional 180 days of suspension time. (Me. Rev. Stat. tit. 29-A, § 2472 (2025).)

These underage OUI suspensions are separate from any consequences that might result from an underage driver being found guilty of an OUI for having a BAC of .08% or being "under the influence" (as defined above).

Getting Help From a Maine OUI Lawyer

If you've been arrested for driving under the influence, you should seek legal assistance. A qualified OUI attorney can review your case and help you decide on the best course of action.