DUI Reference Guide

Maine OUI Laws

Maine OUI Laws 

Driving while intoxicated is a serious crime in Maine and as such is punishable with several potential penalties.  A person does not need to be overly intoxicated in order to be arrested for an OUI.  If a police officer believes that they have any level of impairment that is impacting on the driver’s operation of a vehicle, they can be arrested. 

Operating while under the influence will result in license suspensions as imposed by the Department of Motor Vehicles in Maine.  Criminal penalties will also result anytime a person is convicted of an OUI in Maine.  People convicted of a DUI will pay fines, might serve time in jail and be required to attend programs to teach them about alcohol and the related dangers.  License suspensions can also result as part of the criminal case.  Other penalties exist as well.  Stricter penalties generally apply to those with more than one offense or other circumstances.  For example, a person who was driving drunk while a minor was in the car can receive hasher punishments. 

First offenses are those in which an individual has been convicted for the first time.  If someone has not been arrested for a DUI in over ten years, his or her OUI can also be considered a first offense once again.  Those who are convicted of a first offense will pay $500 in fines.  Jail time cannot exceed 364 days in jail.  The amount of jail time is usually far less with people who have aggravation factors serving at least 48 hours.  First time offenders will also have their license suspended for 90 days.  There are some reasons as to why a person might face more than these maximum penalties.  One such scenario is if there is a minor riding in the vehicle when the person was driving under the influence.  Harsher penalties also apply for people with exceedingly high BAC levels (generally more than 0.15%.

Once again, people can face certain penalties simply for having refused to take a chemical test.  A 90-day loss of license will occur.  There is also a fine of $600 for refusing tests.  In addition a person will be sent to jail for 4 days.  A court can decide to charge people higher fines or sentence someone to longer lengths of time in jail. 

Second time OUI offenders will find themselves in jail for at least 12 days if they would not take a chemical test.  The minimum sentence if only seven days for those who submitted to testing and were found to have violated the OUI laws.  A second time offender will have their license revoked for eighteen months.  Anyone who is under 21 and on their second offense will lose driving rights for two years at the very least.  Second time offenders will pay at least $700 in fines. 

Third and fourth time OUI offenders face even more penalties.  Those on their third offense can pay at least $1100 in fines with the highest fines allowed being $5000.  Fourth time offenders face fines of as high as $2100 with the maximum allowed also being $5000.  A person’s license can be suspended for four years on a third offense and six years on a fourth.  Jail time can reach as much as five years for both third and fourth time offenders.  The mandatory amount of time a person must spend in jail is 30 days on a third offense and at least six months on a fourth offense. 

Anyone who refused to take a chemical test will pay higher fines.  They will also be sentenced to more time in jail.  Those who are convicted of an OUI might be required to receive treatment for drug or alcohol problems if they exist.  More jail time is possible for those who are driving under the influence of drugs or alcohol when they cause an accident.  Even a fatal accident occurs they can even be charged with an OUI homicide, which carries further penalties. 

Those who are convicted of an OUI in Maine should consult an attorney.  Attorneys can be located by using online lawyer searches or by searching under the attorney section of the yellow pages.  Those facing a possible DUI conviction should consult with a lawyer who specializes in OUI law.  They will be able to better advice those who have been arrest for an OUI than lawyers who are not very versed in that area of the law.