Go to navigation Go to content

Maine DUI Law

It is illegal to operate a motor vehicle while under the influence of intoxicants or while your blood alcohol level is .08 or greater.

Penalties

First Offense:

Offenders who have no prior convictions in the last ten years will be fined a minimum of $400 and have their licenses suspended for a period of 90 days.

There is a minimum 48 hour jail sentence if the offender was:

1) Driving with a BAC of .15 of greater;

2) Exceeding the speed limit by 30 or more miles per hour;

3) Eluding or attempting to elude an officer; or

4) Carrying a passenger under the age of 21;

There is a minimum 96 hour jail sentence if the offender failed to submit to a chemical test at the officer’s request. In this case, the minimum fine is increased to $600.

The maximum jail term for a first offense is one year.

Second Offense:

Offenders with one prior convictions in the last ten years are subject to a minimum $600 fine and have their licenses suspended for a period of 18 months. The offender will also be sentenced to jail for a period of at least 7 days. The maximum jail term is one year.

If the offender failed to submit to a chemical test at the request of an officer, the minimum jail term is increased to 12 days and the minimum fine becomes $800.

Third Offense:

Offenders with two prior convictions in the last ten years are subject to a minimum fine of $1,000 and a suspension of the driver’s license for 4 years. The minimum jail term is 30 days. The maximum jail term is one year.

If the offender refused to submit to a chemical test the minimum fine increases to $1,300 and the minimum jail term becomes 40 days.

Fourth & Subsequent Offenses:

Offenders with three or more prior convictions in the last ten years are guilty of Class C crimes. The minimum fine is $2,000 and a license suspension of 6 years. Additionally, the court will sentence the offender to a minimum of 6 months in prison.

If the offender refused to submit to a chemical test, the minimum fine becomes $2,400 and the minimum jail time increases to 6 months and 20 days.

Presumed Consent

It is presumed that if you are driving on Maine highways, you have given your consent to have your blood, breath, or urine tested for alcohol concentration. You may refuse to submit to this test, but you should be aware of the increased fines and jail time involved. In order for these fines and jail times to apply, the officer must warn you of the consequences upon your refusal and give you the chance to change your mind. If the officer does not warn you, the court has discretion about whether or not to apply the increased fines/jail sentences.

Requesting a Restricted License

The Secretary of State may issue restricted licenses to first time OUI offenders when 2/3 of the suspension period has expired and the offender has completed an alcohol and drug program. This license allows the driver to travel to and from treatment programs and employment.

These licenses are issued on the condition that the person not operate a vehicle with any amount of alcohol in their system for one year (first conviction) or 10 years (second and subsequent convictions).

Under 21

If you are under the age of 21 and caught driving with any amount of alcohol in your blood, you will lose your driving privileges for one year. If you refuse to submit to a chemical test, the loss of license increases to 18 months.

If you are under the age of 21 and are caught driving with a BAC of .08 or greater, the typical sanctions apply.