First Offense at Maine DUI Penalties



In the state of Maine, the proper term used for DUI is Operating Under the Influence (OUI). Any minor person, under the age of 21 with a BAC of 0.08%, who is operating or attempting to operate a vehicle can be charged with OUI. Likewise, any adult over the age of 21 with a BAC of 0.08% or more can be charged. A BAC test and police report is sufficient to have a person’s license suspended immediately, without any other evidence. However, a BAC test is not required for an OUI conviction. A suspect driver may be convicted of OUI based solely upon the testimony of the arresting officer.

The state of Maine considers the following aggravating factors when determining punishment for an OUI:

  • A BAC of 0.15% or more
  • Speeding at or in excess of 30 mph over the speed limit
  • Attempting to elude police
  • Having a minor passenger under the age of 21

The state of Maine requires implied consent to a chemical test of the blood, urine or breath if a driver is suspected of operating under the influence of drugs or alcohol.

Minor Drivers will have their licenses suspended for at least one year for any measurable amount of alcohol. If they refuse the chemical test, their licenses will suspended for 18 months. If there is a minor passenger, the license of the minor driver will be suspended for an additional 180 days.

Adult Drivers who are suspect and refuse to consent to testing will have their licenses suspended immediately for up to 6 months. If a driver is involved in a fatal accident, the suspension includes an additional 3 years. If a driver is ultimately convicted of OUI, a refusal to consent to testing will be considered an aggravating factor. If a convicted driver is found guilty of vehicular homicide, a prison term of up to 30 years and a permanent loss of license may be imposed.

First Offense OUI In Maine

A first offense of OUI results in a minimum 150-day driver’s license suspension and a minimum $400 fine. There is no associated jail time unless there are aggravating factors. In which case, a minimum 48 hours of prison time is imposed. The minimum penalties for a first failure to consent to a chemical test include a 275-day license suspension, 96 hours of prison time and a $500 fine. The 275-day license suspension is consecutive to any suspension imposed for an OUI conviction. If there is a minor passenger under the age of 21, an additional 275-day suspension is imposed.

Second Offense OUI In Maine

A second offense of OUI results in a minimum 3-year driver’s license suspension, a minimum $600 fine and a minimum 7 days of prison time. The minimum penalties for a second failure to consent to a chemical test include 18 months of license suspension, 12 days of prison time and an $800 fine. If a second conviction is within 10 years of an initial conviction, the driver cannot obtain a work-restricted license nor can he or she register a vehicle.

Third Offense OUI In Maine

A third offense of OUI results in a minimum 6-year driver’s license suspension, a minimum $1,000 fine and a minimum 30 days of prison time. The minimum penalties for a third failure to consent to a chemical test include 4 years of license suspension, 40 days of prison time and a $1,300 fine.

Fourth OUI In Maine

Fourth and subsequent offenses of OUI result in a minimum 8-year driver’s license suspension, a minimum $2,000 fine and a minimum of 6 months prison time. The minimum penalties for fourth and subsequent failures to consent to a chemical test include 6 years of license suspension, 6months and 20 days of prison time and a $2,400 fine.

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