A Complete Guide to Maine DUI Laws: From First Offense to Felony Charges

June 20, 2025

A Complete Guide to Maine DUI Laws: From First Offense to Felony Charges

Introduction

Maine, known for its rugged coastline and vast wilderness, has particularly strict laws concerning impaired driving, officially termed "Operating Under the Influence" (OUI). These laws are designed to deter individuals from driving while impaired by alcohol or drugs and to ensure public safety on the roads. Penalties for OUI in Maine are severe, escalating significantly for repeat offenses, high blood alcohol content (BAC) levels, or those involving aggravating factors such as child endangerment or serious injury. Understanding these regulations is essential for anyone operating a vehicle in the Pine Tree State.

The General Framework of Maine OUI Laws

In Maine, a person can be charged with OUI if they are found to be operating or attempting to operate a motor vehicle while:

Under the influence of intoxicants (alcohol, drugs, or a combination thereof) to any degree, however slight; OR
Having a Blood Alcohol Concentration (BAC) of $0.08%$ or more.
Having any amount of a Schedule W drug (certain controlled substances) or its metabolite in their blood or urine.

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Per Se OUI Law: Maine operates under a "per se" law for alcohol impairment. This means if your BAC is at or above a certain legal limit, you are legally presumed to be under the influence, even if your driving does not appear impaired.

For drivers 21 and older: The legal BAC limit is $0.08%$ .
For commercial vehicle operators: The legal BAC limit is $0.04%$ .
For drivers under 21 (Zero Tolerance Law): Maine has a strict "zero tolerance" policy for underage drivers. If a driver under 21 has any measurable amount of alcohol in their body (BAC of $0.00%$ or more), their license will be suspended. If their BAC is $0.08%$ or higher, they can also be prosecuted for the adult OUI offense.

Even if your BAC is below the specific "per se" limits, you can still face OUI charges if law enforcement can prove that your driving ability was impaired based on observations, field sobriety tests, or other evidence.

Implied Consent Law

Maine has a robust implied consent law (29-A M.R.S. § 2521). By operating a motor vehicle on Maine's public roads, you are legally deemed to have given your consent to a chemical test (blood, breath, or urine) to determine your BAC or drug content if a law enforcement officer has probable cause to believe you are operating under the influence and you are lawfully arrested for OUI.

Refusal to Test: Refusing to submit to a chemical test after a lawful arrest for OUI in Maine carries immediate and severe administrative penalties from the Maine Bureau of Motor Vehicles (BMV), separate from any criminal prosecution. This administrative suspension takes effect prior to any court appearance. Your refusal can also be used as evidence against you in court and will be considered an aggravating factor at sentencing, resulting in mandatory jail time.

First refusal (no prior OUI or refusal in 10 years): Automatic 275-day driver's license suspension. This is consecutive to any suspension imposed for an OUI conviction.
Second refusal (within 10 years): Automatic 18-month driver's license suspension.
Third refusal (within 10 years): Automatic 4-year driver's license suspension.
Fourth or subsequent refusal (within 10 years): Automatic 6-year driver's license suspension.

You generally have a limited time (often 10 days) to request an administrative hearing with the BMV to challenge the license suspension.

Maine OUI Statistics

Impaired driving remains a significant public safety concern in Maine. While exact current figures for OUI arrests and fatalities are continuously updated, Maine has consistently been ranked as one of the stricter states for DUI penalties. In 2023, DUI drivers were responsible for 177 fatalities in Kentucky (a neighboring state used for comparison in some search results, but not Maine directly). However, reports indicate a general rise in OUI charges in Maine, partly attributed to increased sobriety checkpoints and enforcement efforts. In 2019, Maine recorded nearly 5,500 DUI arrests, highlighting the persistent nature of the problem.

Penalties for OUI in Maine

Maine's OUI penalties are substantial and become significantly more severe with each subsequent conviction. Maine typically uses a 10-year "look-back" period for determining if an OUI is a repeat offense for criminal sentencing purposes.

First Offense OUI (Misdemeanor)

For a first-time OUI conviction in Maine (no prior OUI or refusal in the last 10 years):

Jail Time:
- No aggravating factors (BAC less than $0.15%$ and no refusal): No mandatory minimum jail time, but up to 364 days possible.
- With Aggravating Factors (BAC $0.15%$ or higher, or traveling 30 mph+ over limit, or attempting to elude officer, or passenger under 21): Mandatory minimum 48 hours jail.
- With Refusal to Test: Mandatory minimum 96 hours (4 days) jail.
Fines:
- No aggravating factors: Minimum $500.
- With Refusal to Test: Minimum $600.
- With Aggravating Factors: Minimum $500.
License Suspension: Court-imposed suspension of 150 days.
- Administrative Suspension for Refusal: 275 days (consecutive to court suspension).
- Additional Suspension for Under 21 Passenger: An additional 275-day suspension if transporting a passenger under 21.
Ignition Interlock Device (IID): Mandatory IID installation for 120 days (approx. 4 months) if you obtain a work-restricted license after 30 days of absolute suspension. If you don't install an IID, the first 100 days of the 150-day suspension are without a work license.
Driver Education and Evaluation Programs (DEEP): Mandatory completion of a comprehensive substance abuse evaluation, education, and treatment program.
Criminal Record: All OUI convictions result in a permanent criminal record.

Repeat Offenses (Within 10-year look-back)

Second Offense OUI (Aggravated Misdemeanor): (Second conviction within 10 years of a prior OUI or refusal)
- Jail Time: Mandatory minimum 7 days imprisonment.
  - With Refusal to Test: Mandatory minimum 12 days jail.
- Fines: Minimum $700.
  - With Refusal to Test: Minimum $900.
- License Suspension: Mandatory 3-year driver's license suspension.
- Ignition Interlock Device (IID): Mandatory IID for 2 years after reinstatement (eligible after 9 months of suspension with IID).
- Vehicle Registration Suspension: Mandatory 3-year suspension of vehicle registration.
- No Work-Restricted License: Generally not eligible for a work-restricted license.
- Substance Abuse Treatment: Mandatory DEEP program, likely more intensive.
Third Offense OUI (Class C Felony): (Third conviction within 10 years of two prior OUI or refusals)
- Prison Time: Mandatory minimum 30 days imprisonment, up to 5 years.
  - With Refusal to Test: Mandatory minimum 40 days jail.
- Fines: Minimum $1,100.
  - With Refusal to Test: Minimum $1,400.
- License Suspension: Mandatory 6-year driver's license suspension.
- Ignition Interlock Device (IID): Mandatory IID for 3 years after reinstatement (eligible after 3 years of suspension with IID).
- Vehicle Registration Suspension: Mandatory 6-year suspension of vehicle registration.
- No Work-Restricted License: Generally not eligible for a work-restricted license.
- Felony Criminal Record: A permanent felony conviction with severe lifelong implications.
Fourth or Subsequent Offense OUI (Class C Felony): (Fourth or subsequent conviction within 10 years)
- Prison Time: Mandatory minimum 6 months imprisonment, up to 5 years.
  - With Refusal to Test: Mandatory minimum 6 months and 20 days jail.
- Fines: Minimum $2,100.
  - With Refusal to Test: Minimum $2,500.
- License Suspension: Mandatory 8-year driver's license suspension.
- Ignition Interlock Device (IID): Mandatory IID for 4 years after reinstatement.
- Vehicle Registration Suspension: Mandatory 8-year suspension of vehicle registration.
- No Work-Restricted License: Generally not eligible for a work-restricted license.
- Vehicle Forfeiture: Subject to vehicle seizure and forfeiture.

Aggravating Factors (Summary)

As mentioned, aggravating factors significantly increase penalties. These include:

BAC of $0.15%$ or more.
Traveling 30 mph or more over the speed limit.
Attempting to elude a police officer.
Having a passenger under 21 years of age.
Refusal to submit to a chemical test.

Other Significant Penalties:

OUI Causing Serious Injury or Death (Vehicular Homicide): If an OUI results in serious injury or death, it leads to severe felony charges, potentially with prison sentences of up to 30 years and a permanent loss of driving privileges.
SR-22 Insurance: Will be required by your insurance company, leading to significantly higher premiums.
Conditional License Violations: Operating with any alcohol in your blood on a conditional license (granted after an OUI) can lead to a 1-year suspension without a preliminary hearing. Refusal to test on a conditional license can lead to a 2-year suspension, added to any existing OUI suspension.

Conclusion

Maine's OUI laws are among the nation's most stringent, reflecting the state's aggressive stance against impaired driving. From mandatory jail time, significant fines, and lengthy license suspensions (often consecutive for refusals) for a first offense, to lengthy prison sentences, permanent felony records, mandatory IID installation, and extensive license revocations for repeat or aggravated offenses, the consequences are designed to be severe and far-reaching. Understanding the state's "per se" and "zero tolerance" BAC limits, the strict implied consent law (and the severe penalties for refusal), and the impact of aggravating factors is paramount for every driver in Maine. For anyone facing an OUI charge in the Pine Tree State, immediate consultation with an experienced Maine OUI defense attorney is strongly advised to navigate the complexities of the legal system and safeguard your rights and future.

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