DUI Laws – Maine
An Operating Under the Influence (OUI, also called DWI or DUI elsewhere) charge in Maine should be taken very seriously. License suspension, criminal record, travel restrictions, increased insurance premiums and other consequences can follow you around for decades. Commercial drivers have a special set of restrictions that can affect their ability to do their job, in some cases for life. The assistance of an experienced DUI attorney is essential in minimizing the impact of an OUI charge.
If you are stopped for OUI and your blood alcohol level (BAC) is above the legal limit, you may have your license suspended. The minimum suspension period can be anywhere from 90 days to six years, depending on a variety of factors, including BAC level, whether speeding was involved, the age of the passenger(s), the age of the driver, prior suspensions and whether you attempted to elude an officer. If you refuse chemical testing you also risk losing your license (or your right to apply) for up to six years. Your DUI attorney can help you fight the suspension and protect your legal rights.
In the absence of aggravating factors, there is no minimum mandatory jail time for first offenders. Moreover, your attorney may be able to get your record expunged later on. However, certain first offenders and most repeat offenders may be sentenced to a minimum of two days to six months incarceration if convicted. To learn more about Maine OUI laws and how they apply to your case, speak to a DUI attorney.
Maine DUI/DWI (OUI) Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Maine BAC laws may differ from those of other states, as follows.
| Maine BAC Laws | |
| Per Se Violation | BAC of: .08 or higher |
| "Zero Tolerance" (BAC for Someone Under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: within approximately 10 days after DUI/DWI citation.
| DUI/DWI Arrest | |
| 1st Offense | 90 days license suspension |
| Subsequent Offenses | 9 months to 6 years license suspension, depending on prior convictions |
| "Zero Tolerance" (BAC for Someone Under 21) | 1 or 2 years license suspension, depending on prior convictions |
| Administrative Hearing | Yes |
| Limited Privileges Possible | No |
| Refusal to Submit to BAC Test | |
| 1st Offense | 275 days license suspension |
| Subsequent Offenses | 18 months to 6 years license revocation, depending on prior convictions |
| "Zero Tolerance" (BAC for someone under 21) | 18 or 30 months license suspension, depending on prior convictions |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 90 days (may have conditional license) |
| Prison Term and Community Service | Potentially at least 48 hours in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $500 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol education and treatment program |
| Second DUI/DWI Offense | |
| License Suspension | 18 months (may have conditional license) |
| Prison Term and Community Service | At least 7 days in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $700 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol education and treatment program |
| Third DUI/DWI Offense | |
| License Suspension | 4 years (may have conditional license) |
| Prison Term and Community Service | At least 30 days in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,100 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol education and treatment program |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Maine Bureau of Highway Safety, Maine Bureau of Motor Vehicles