More Info

Maine DUI Information

Maine defines being under the influence as a person's mental of physical facilities being impaired to the slightest degree as the result of consuming alcohol. Evidence of a particular alcohol level, or refusal to take the breath or blood test, is admissible to attempt to prove a driver as OUI, OWI or DUI.
When someone is arrested for an OUI, OWI or DUI in Maine, they will generally receive a Notice of Suspension from the Maine Bureau of Motor Vehicles in two to three weeks following the arrest.

A first offense OUI, with no aggravating circumstances, carries a mandatory minimum penalty of 90 days license suspension and a $500 fine. The first sixty days of that suspension are without a work-only license. The maximum penalties for a first offense OUI is 364 days in jail, a $2,000 fine, a 90-day suspension and one year of probation.
If there are aggravating circumstances such as a BAC above .15, a passenger under 21 years of age, exceeding the speed limit by 30 m.p.h. or more, or attempting to elude the police, there is a mandatory 48 hour jail sentence. If a person refuses to take a breath or blood test, the mandatory minimum sentence is 96 hours in jail, a $600 fine and a 90-day suspension. If the defendant is under the age of 21, the minimum suspension is one year. All fines have substantial penalty assessments that significantly increase the amount that must be paid. Some judges routinely exceed these minimum sentences.

A second offense OUI carries a minimum seven-day jail sentence (twelve days for a refusal), a $700 fine ($900 for refusal) and an 18-month license suspension without a work-only license. If the defendent is under the age of 21, the mimum suspension is two years. Maine also suspends the right to register a vehicle for the period of the suspension. In addition, the judge can order drug or alcohol treatment at his or her discretion.

A third offense OUI carries a minimum thirty-day jail sentence (forty days for a refusal), a $1,100 fine ($1,400 for refusal) and a four-year license suspension without a work-only license. In addition, the judge can order drug or alcohol treatment at his or her discretion. The maximum sentence is five years in jail, a $5,000 fine, a four-year suspension and two years of probation.

A fourth offense OUI or subsequent offense carries a minimum sentence of six months in jail (six months, twenty days for refusal), a $2,100 fine ($2,500 for refusal), and a six-year suspension. In addition, the judge can order drug or alcohol treatment at his or her discretion. The maximum sentence is five years in jail, a $5,000 fine, a six-year suspension and two years of probation.

If a person who is operating under the influence (OUI) causes serious bodily injury or death or has either a prior conviction for a felony OUI or OUI homicide, it is a strict liability felony. This offense carries a minimum sentence of six months in jail, a $2,100 fine ($2,500 for refusal) and a six-year suspension. In addition, the judge can order drug or alcohol treatment at his or her discretion. The maximum penalty is five years in jail, a $5,000 fine, a six-year suspension and two years of probation.
If the defendant had a passenger under the age of 21, there is an additional 275 day suspension in addition to the minimum jail, fine and suspension penalties described above. If the defendant is under the age of 21, there is an additional suspension of 180 days.

Maine DUI Law Highlights: BAC Levels and Implied Consent
"Per Se" BAC Level: .08
"Zero Tolerance" BAC Level: .00
Enhanced Penalty BAC Level: .15
"Implied Consent" Law: Yes

DEFINITIONS:
"Per Se" Blood Alcohol Concentration (BAC) Level
As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.
"Zero Tolerance" Blood Alcohol Concentration (BAC) Level
All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.

"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.

"Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.

Maine DUI Law Highlights: Selected Penalties
Administrative License Suspension/Revocation (1st/2nd/3rd Offense) 90d/ 18m/ 4ys
Mandatory Alcohol Education and Treatment/Assessment Both
Vehicle Confiscation Possible? Yes
Ignition Interlock Device Possible? Yes

DEFINITIONS:
Administrative License Suspension/Revocation
The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.
Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses.

Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.

Vehicle Confiscation
Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender's vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state's utilization of vehicle confiscation as a penalty for DUI.


Ignition Interlock
A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. This chart indicates each state's utilization of ignition interlock devices as a penalty for DUI.

Information presented on this website is considered public information (unless otherwise noted) and may be distributed or copied.