Maine OUI/DUI Laws and Penalties

How state law defines “operating under the influence” (OUI) the consequences of a conviction.

In Maine, a driver can get an OUI (often called a "DUI") for operating a motor vehicle while "under the influence" of intoxicants (drugs or alcohol) or with a blood alcohol concentration (BAC) of at least .08%.

Jail Time, Fines, and Suspensions for Maine OUI Convictions

The possible penalties for an OUI conviction are set by statute and depend on the number of prior OUI convictions in the last ten years as well as the circumstances of the current offense.

1st Offense

2nd Offense

3rd Offense


Up to 1 year

7 days to 1 year

30 days to 5 years


$500 to $2,000

$700 to $2,000

$1,100 to $5,000

License Suspension

150 days

3 years

6 years

Sentencing enhancements. A number of factors, including the driver's BAC, carrying minor passengers, and unlawfully refusing a blood, breath, or urine test can increase the minimum jail time and minimum fines for an OUI conviction. For instance, for a first OUI that involves a BAC of at least .15%, the minimum jail time is 48 hours.

Injuries and fatalities. If the OUI resulted in bodily injury to another person, the convicted motorist will be looking at $2,100 to $5,000 in fines, six months to five years in jail, and a six-year license suspension. An OUI that involves a fatality accident carries six months to ten years in jail, $2,100 to $20,000 in fines, and a ten-year license suspension.

Treatment. For second and subsequent offenses, the judge will also order the offender to complete treatment or an alcohol and drug program.

License Penalties and Implied Consent

A single OUI incident can result in multiple license suspensions. Drivers who are lawfully arrested for an OUI and fail or refuse to take a blood, breath, or urine test face license suspension. And if the driver is ultimately convicted of an OUI in court, the judge will impose a suspension period for the conviction as specified above. The suspensions for a test failure and OUI conviction will run together (at the same time). However, a suspension resulting from a test refusal will run consecutive to any other suspension.

Implied consent. Drivers who refuse a chemical test of their breath, blood, or urine in violation of the state's implied consent laws face license suspension. A driver who unlawfully refuses testing will be suspended for 275 days for a first offense, 18 months for a second offense, and four years for a third offense.

Test failures. Drivers who submit to a chemical test where the results show the driver was under the influence of drugs or had a BAC of at least .08% face license suspension for 150 days on a first offense, three years on a second offense, and six years on a third offense.

Reinstatement. For many drivers, early license reinstatement is possible. However, early reinstatement requires the driver to install an ignition interlock device (IID), petition the Secretary of State for reinstatement, and first complete a period of the suspension without driving privileges. The initial suspension and IID periods depend on how many prior OUIs the driver has.

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