Maine OUI Laws & Penalties

Maine OUI Laws

Maine OUI charge, which means Operating Under the Influence, will have you facing jail time, fines, and a drivers license revocation. As in other states Maine views driving under the influence of alcohol or drugs as a very serious crime, and creates some strong consequences for those convicted.

Even for Maine OUI first offenders, if your blood alcohol levels are .08% or higher, you are considered guilty by the Maine per se law. After you are arrested, you only have ten days to file an appeal or you will lose your ability to drive. You should contact a Maine OUI lawyer to help you with this appeal to increase your chances of success at the DMV.

Here's what you can expect as far as punishments go should you get convicted of a Maine OUI.

First Offense Maine OUI

First Maine OUI offenses mean offenses that are the first to happen in a ten year time period (10 years is the look back period in Maine). If you are a first offender, you can face the following consequences:

  • 90 day suspension of license
  • $500-$2000 fine
  • Up to 364 days jail time (no minimum required)

First offenders are also subject to aggravating circumstances. Aggravating circumstances cause enhanced punishments above and beyond the 'standard' 1st offense. Maine OUI aggravating circumstances include:

  • BAC levels over .15
  • A minor in the car
  • Speeding more than 30 mph over the speed limit
  • Attempting to elude an officer
  • Trying to run from the police
  • Failing to take the BAC test
  • Being a minor

Repeat Maine OUI Offenders

Maine OUI laws are very tough on repeat offenders. Here is a summary of the consequences faced: 

Second Offense Maine OUI

  • Jail time of at least 7 days
  • Up to $700 in fines
  • Drivers license suspension for 18 months

Third Offense Maine OUI

  • Up to 5 years in jail (30 days minimum)
  • Fines between $1,100 and $5,000
  • Drivers license suspension for 6 years

Fourth or Subsequent Offense Maine OUI

  • Up to 5 years in jail (6 months minimum)
  • Fines between $2,000 and $6,000
  • Additional 275 day license suspension if the offense happened while a person under the age of 21 was in the vehicle.

Maine BAC Assumptions

  • BAC levels of .001 to .05 are not considered to be under the influence
  • BAC levels of .051 to .079 are not considered to be under the influence, but is admissible as evidence in court
  • BAC levels of .08 or greater are considered to be under the influence

Maine Implied Consent Laws

  • Chemical testing is allowed. Blood, breath or urine.
  • The officer must advise the defendant of the penalties for refusing the test and that a test refusal is admissible in court.
  • Tests resulting in a BAC of .08 or greater result in a 90 day license suspension up to a 6 year license revocation.

Chemical Testing

  • Chemical test results are admissible as evidence if they are performed by a certified person in accordance with the approved methods and procedures.
  • Blood draws for police testing must be performed by a licensed physician, registered nurse or other qualified person.
  • Test results must be made available to the defendant and his or her Maine OUI attorneyupon request.

OUI Education Requirements in the State of Maine

A Maine OUI also carries an education requirement when there are aggravating factors present. There are two programs in the state of Maine. The first is the Driver Education Evaluation Program. The second is the Weekend Intervention Program. At these programs, you will be assessed and be assigned treatment if you are found to have an alcohol problem. 

SR22 Insurance

Remember that your Maine OUI costs do not stop once you have paid your court ordered fines, fees, and penalties. Your insurance carrier will also increase your premiums due to a new high risk auto insurance policy that's required.  After a Maine OUI offense you'll have to get what's called an SR-22 insurance policy for a period of 3 years and possibly an ignition interlock device installed as well. Both require ongoing payments and monitoring. 

Maine SR22 insurance is required for a period of 3-years following a drunk driving conviction and can be very expensive if you go with the wrong provider.  We have partnered with the largest and most trusted SR22 insurance provider here in the state of Maine and have worked out a special discount only available here for our website visitors.

You won't be able to find a cheaper SR22 insurance policy in Maine for any less.  Type in your zip code below so we can provide the cheapest rates in your area.



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Additional Maine OUI Resources

  • Maine OUI Laws - A complete overview of Maine OUI laws including fines, jail time and penalties for each offense.

  • Maine SR22 Insurance -  Learn everything you need to know about Maine SR22 filing requirements with the BMV and find out how you can save hundreds of dollars each year on your Maine SR22 insurance.

  • Maine OUI Lawyers -   Contact one of our Maine OUI lawyers today.

  • Maine Alcohol & Drug Treatment Programs - We offer a complete listing of Maine approved alcohol & drug treatment program locations.