Maine OUI Laws
Maine OUI Laws
Maine has very tough OUI laws. The lowest
level of OUI in Maine can send you to jail for up to 364
days, put you on probation for up to one year, make you
pay a fine of up to $2000, and take your license for up
to six years. A felony OUI involving serious injury or death
can send you to jail for year and revoke your license for
life. Obviously, few first offenders can expect to see maximum
penalties. Even so, the penalty that is imposed in average
case is serious.
What is OUI?
OUI/DWI/DUI is a crime involving drinking
and driving. In Maine it is called OUI. OUI means either
or both of two things: First, OUI is operating or attempting
to operate a motor vehicle while under the influence of
intoxicants. "Intoxicants" are any substance,
including alcohol and both illegal and prescription drugs.
A person is "under the influence" if their mental
or physical faculties are impaired to the slightest degree,
regardless of whether it affects the a actual operation
of the vehicle. Second, OUI is operating or attempting to
operate a motor vehicle while having a blood alcohol content
(BAC) of .08% by weight or more, regardless of whether that
level of alcohol affects the person. The Court's Penalties
If you have no prior OUI/DWI/DUI's in any
state in the last ten years, you are considered a first
offender. A first offense OUI with no aggravating circumstances
carries a mandatory minimum penalty of 90 days license suspension
and a $400 fine. The first sixty days of that suspension
are without a work-only license. If you have aggravating
circumstances such as a BAC above .14, a passenger under
21 years of age, excessive speeding or an accident, there
is a mandatory two-day jail sentence. If you refuse to take
a breath or blood test the mandatory minimum sentence is
four days in jail and a $600 fine. All fines have substantial
surcharges of about 17%. Some judges routinely exceed these
minimum sentences.
A second offense carries a minimum seven-day
jail sentence (twelve days for a refusal), a $600 fine ($800
for refusal) and an 18-month license suspension without
a work-only license.
A third offense carries a minimum thirty-day
jail sentence (forty days for a refusal), a $1,000 fine
($1,300 for refusal) and a four-year license suspension
without a work-only license.
A fourth offense, or an OUI involving an
accident with a serious injury or death of anyone, is a
felony even if the OUI did not cause the accident. It carries
a possible 5-year sentence and a minimum jail term of six
months (six months and twenty days for a refusal), a minimum
fine of $2,000 ($2,400 for a refusal) and a six-year license
suspension without a work-only license.
A driver who causes the death of another
person because the driver is OUI faces 20 years in prison,
a $20,000 fine and a lifetime license suspension.
The Bureau of Motor Vehicle's Penalties
The BMV can suspend you license just like
the courts can, even if you win the OUI. The suspension
periods are the same as for the court suspensions listed
above. If you refuse a breath test the BMV can take your
license for up to six-years, with 275 days suspension being
the penalty for a first refusal. While you have a right
to a hearing, you must request the hearing within ten days
of the suspension date in the notice of suspension form
BMV.
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