Maine OUI Laws & Penalties
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Maine says 'operating under the influence' (OUI). Distinctive: refusal adds a fixed jail/fine bump at every level, and both license AND vehicle registration are suspended.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0%, enhanced at 0.15%).
- Lookback period: 10 years. 10-year washout for prior-offense counting. 3rd within 10 = Class C felony.
- Primary statute: 29-A M.R.S. § 2411
0.15+ is an 'aggravating factor' adding a 48-hour mandatory minimum on a first offense (alongside eluding, 30+ over, or a passenger under 21). Refusal adds its own separate mandatory minimums.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | Class D misdemeanor | none base – 364 days; mandatory min none base; 48 hours if aggravating factor (0.15+/eluding/30+ over/passenger <21); 96 hours if test refusal | $500–$2,000 ($500 minimum ($600 with refusal)) | 150 days; hardship: reinstate after 30 days with IID for 120 days | Not required |
| Second offense | Class D misdemeanor (within 10 years) | 7 days – 364 days; mandatory min 7 days (12 days with refusal) | $700–$2,000 ($700 minimum ($900 with refusal)) | 3 years (no work license) – 3 years; hardship: reinstate after 9 months with 2-year IID; registration also suspended 3 years | Required |
| Third offense | Class C felony (within 10 years) | 30 days – 5 years; mandatory min 30 days (40 days with refusal) | $1,100–$5,000 ($1,100 minimum ($1,400 with refusal)) | 6 years (no work license) – 6 years; hardship: IID after portion; registration suspended 6 years | Required |
First offense
- Classification: Class D misdemeanor
- Jail: none base – 364 days; mandatory min none base; 48 hours if aggravating factor (0.15+/eluding/30+ over/passenger <21); 96 hours if test refusal
- Fine: $500–$2,000 ($500 minimum ($600 with refusal))
- License suspension: 150 days; hardship: reinstate after 30 days with IID for 120 days
- Alternative disposition: No diversion; DEEP (Driver Education & Evaluation Program) mandatory.
- Interlock: IID enables early reinstatement (after 30 days) on a first offense.
Second offense
- Classification: Class D misdemeanor (within 10 years)
- Jail: 7 days – 364 days; mandatory min 7 days (12 days with refusal)
- Fine: $700–$2,000 ($700 minimum ($900 with refusal))
- License suspension: 3 years (no work license) – 3 years; hardship: reinstate after 9 months with 2-year IID; registration also suspended 3 years
Third offense
- Classification: Class C felony (within 10 years)
- Jail: 30 days – 5 years; mandatory min 30 days (40 days with refusal)
- Fine: $1,100–$5,000 ($1,100 minimum ($1,400 with refusal))
- License suspension: 6 years (no work license) – 6 years; hardship: IID after portion; registration suspended 6 years
- FOURTH+ offense within 10 years (Class C): fine ≥$2,100 (≥$2,500 with refusal), ≥6 months incarceration, 8-year license suspension (confirmed against § 2411 official text).
Refusing a chemical test (implied consent)
Refusal adds fixed mandatory jail/fine at every OUI level (96 hrs / +$100 fine on first) AND a separate 275-day administrative suspension. Refusal admissible.
Statute: 29-A M.R.S. § 2521
Ignition interlock
IID enables early reinstatement (30 days first offense) and is mandatory to restore driving on repeat offenses (2 years second, longer third); Maine suspends vehicle registration alongside the license on repeats.
Statute: 29-A M.R.S. § 2508
Frequently asked questions
What is the penalty for a first OUI in Maine?
A first OUI in Maine is a Class D misdemeanor. Jail: none base – 364 days; mandatory min none base; 48 hours if aggravating factor (0.15+/eluding/30+ over/passenger <21); 96 hours if test refusal. Fine: $500–$2,000 ($500 minimum ($600 with refusal)). License suspension: 150 days; hardship: reinstate after 30 days with IID for 120 days.
What is the legal BAC limit in Maine?
0.08% for most drivers, 0.04% for commercial drivers, and 0% for drivers under 21.
How long does Maine look back at prior OUI offenses?
10 years. 10-year washout for prior-offense counting. 3rd within 10 = Class C felony.