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 $2,000, and take your license for up to eighteen months. A felony OUI involving serious injury or death can send you to jail for years and revoke your license for life. There are many serious penalties between these two ranges. Obviously, few first offenders can expect to see maximum penalties. Even so, the penalty that is imposed in the average case is serious. Note: Maine will report any OUI conviction to your home state or province. In most cases, your home state or province will then suspend your license.

What is OUI?

Whether you call it OUI DWI DUI, it is basically a crime involving drinking and driving while impaired. In Maine it is called OUI. OUI means one or both of two things: First, OUI can be 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 the impairment affects the ability to safely operate a motor vehicle. Second, OUI can be 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 $500 fine. The first 60 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 (30+ mph over the limit) 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 20% plus additional fees. Some judges routinely exceed these minimum sentences.

A second offense within ten years carries a minimum seven-day jail sentence (twelve days for a refusal), a $700 fine ($900 for refusal), an 18-month license suspension without a work-only license and a suspension of the right to register a vehicle. For offenses occurring after August 31, 2008, the period of suspension is three years. The three year suspension may be shortened to nine months if the person installs an Ignition Interlock Device (IID) for two years. This IID provision applies only to offenses occurring after August 31, 2008, and does not affect an 18-month suspension imposed for offenses prior to that date.

A third offense within ten years is a Class C felony. It carries a maximum penalty of five years in prison, a $5,000.00 fine and one year of probation. There is a minimum thirty-day jail sentence (forty days for a refusal), a $1,100 fine ($1,400 for refusal), a four-year license suspension without a work-only license and a suspension of the right to register a vehicle. For offenses occurring after August 31, 2008, the period of suspension is six years. The six-year suspension may be shortened to three years if the person installs an Ignition Interlock Device (IID) for three years. This IID provision applies only to offenses occurring after August 31, 2008, and does not affect a four-year suspension imposed for offenses prior to that date.

A fourth or fifth offense within ten years, or an OUI involving an accident with a serious injury is a Class felony, even if the OUI did not cause the injury. 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 $2,100 ($2,500 for a refusal), a six-year license suspension without a work-only license and a suspension of the right to register a vehicle. For offenses occurring after August 31, 2008, the driver must install an Ignition Interlock Device (IID) for four years after the suspension has run. This IID provision applies only to offenses occurring after August 31, 2008, and does not affect suspension imposed for offenses prior to that date.

An OUI involving an accident with a serious injury is a Class B felony, even if the OUI did not cause the death. It carries a possible 10-year sentence a minimum jail term of six months, a fine of not less than $ 2,100 a ten-year license suspension without a work-only license and a suspension of the right to register a vehicle.

A sixth offense within a person’s lifetime is a Class B felony. It carries a possible 10-year sentence a minimum prison term of one year, a fine of not less than $ 3,000 ($3,500 for refusal) a lifetime license suspension without a work-only license and a suspension of the right to register a vehicle.

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.

It is a crime to for a person with an IID requirement to operate a vehicle without an IID. It is also a crime to evade, tamper with or help another person to evade or tamper with an IID.

The Bureau of Motor Vehicles.

The Secretary of State will suspend the license of a driver with a BAC of .08% or more (or a minor with any detectable BAC) for the periods listed above for convictions. This suspension can take place even before you go to court! This suspension runs concurrently with any suspension imposed for the conviction and consecutively with any refusal suspension. This suspension is initiated by the officer filing a report with the Secretary of State. A hearing must be requested within ten days of the date of suspension. Any suspension imposed will remain in effect, even if the person is acquitted of the criminal OUI charge.

If a driver who is 21 years or older has a passenger under the age of 21, an additional suspension of 275 days will be imposed. A driver under age 21 who has a passenger under 21 will have an additional suspension of 180 days imposed.

Implied Consent laws (Refusals).

Tests permitted: A breath test is the usual test if it is feasible, otherwise a blood or urine test (urine for drugs). The officer chooses the type of test. There is no right for the driver to choose the type of test

Type of advisement required: Before determining that a person has refused a test, the officer must advise the person of the penalties for refusing testing and that refusal is admissible in court. If the advisements are not correctly given, the refusal suspension, any additional penalties noted above are not assessed, and/or the refusal is not admissible in court. If a person chooses to take the test there is no requirement that the officer advise the person of the consequences of refusing.

Penalties for refusal: 275-day or license suspension for first refusal, 2 years for second refusal within 10 years; 4 years for third refusal within ten years; and 6 years for fourth refusal within 10 years. See additional penalties above noted for conviction.

A driver under the age of 21 who refuses a test receives a license suspension of 18 months for the first refusal and 30 months for the second refusal.

Admissibility of refusal: Admissible as evidence of impairment.

Chemical Test Laws.

General provisions: Breath tests must be conducted by persons certified by Department of Human Services and must be performed on equipment approved by that department. A certificate showing test results is admissible in evidence and constitutes prima facie evidence of blood-alcohol level.

Administrative rules & regulations: Adopted by Department of Human Resources.

Disclosure of test information: Full information must be provided to person tested or attorney upon request, after arraignment or filing of the BMV suspension action.