DUI Laws in Maine

This article provides a comprehensive overview of Maine's OUI laws, penalties, and related legal procedures.

Driving under the influence (DUI), known as Operating Under the Influence (OUI) in Maine, is a serious offense with significant legal consequences. This article provides a comprehensive overview of Maine's OUI laws, penalties, and related legal procedures. It aims to offer a detailed understanding of the legal landscape surrounding a Maine OUI conviction, utilizing legitimate sources such as government websites and official statutes.

Overview of OUI Laws in Maine

Definition of OUI

In Maine, Operating Under the Influence (OUI) is defined under Title 29-A, §2411 of the Maine Revised Statutes. An individual is considered to be operating under the influence if they are driving a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or if they are impaired by alcohol, drugs, or a combination of both to a degree that impairs their ability to operate a vehicle safely.

Title 29-A, §2411: Criminal OUI - Maine Legislature

Maine's implied consent law requires drivers to submit to chemical tests (breath, blood, or urine) if a law enforcement officer has probable cause to believe the driver is under the influence. Refusal to submit to testing results in immediate administrative penalties, including license suspension.

Implied Consent | Department of Public Safety - Maine.gov

Penalties for OUI in Maine

First Offense

A first OUI offense in Maine is classified as a Class D crime. The penalties for a first offense include:

  • Fines: A minimum fine of $500.
  • License Suspension: A 150-day suspension of the driver's license.
  • Jail Time: Up to 364 days in jail, with a mandatory minimum of 48 hours if the BAC is 0.15% or higher, if the driver was exceeding the speed limit by 30 mph or more, or if the driver attempted to elude an officer.

Second Offense

A second OUI offense within a 10-year period is also classified as a Class D crime but carries more severe penalties:

  • Fines: A minimum fine of $700.
  • License Suspension: A three-year suspension of the driver's license.
  • Jail Time: A mandatory minimum of 7 days in jail, with the possibility of up to 364 days.

Third Offense

A third OUI offense within a 10-year period is classified as a Class C crime, which is a felony:

  • Fines: A minimum fine of $1,100.
  • License Suspension: A six-year suspension of the driver's license.
  • Jail Time: A mandatory minimum of 30 days in jail, with the possibility of up to 5 years.

Fourth and Subsequent Offenses

A fourth or subsequent OUI offense within a 10-year period is also classified as a Class C crime:

  • Fines: A minimum fine of $2,100.
  • License Suspension: An eight-year suspension of the driver's license.
  • Jail Time: A mandatory minimum of 6 months in jail, with the possibility of up to 5 years.

Aggravating Factors

Certain aggravating factors can increase the severity of penalties for OUI offenses in Maine. These include:

  • High BAC: A BAC of 0.15% or higher.
  • Speeding: Driving 30 mph or more over the speed limit.
  • Eluding an Officer: Attempting to flee from law enforcement.
  • Child Passenger: Having a passenger under the age of 21 in the vehicle.

Administrative Penalties

License Suspension

In addition to criminal penalties, Maine imposes administrative penalties for OUI offenses. The Bureau of Motor Vehicles (BMV) handles these penalties, which include license suspensions and reinstatement fees. Immediate license suspension can occur upon arrest, even before a conviction.

Ignition Interlock Device

For certain offenders, Maine law requires the installation of an ignition interlock device (IID) as a condition for license reinstatement. An IID is a breathalyzer device connected to the vehicle's ignition system, preventing the vehicle from starting if the driver's BAC exceeds a preset limit.

Arrest and Booking

When a driver is suspected of OUI, they are typically arrested and taken to a police station for booking. During booking, the driver will be photographed, fingerprinted, and required to provide personal information. This marks the beginning of the formal legal process.


After booking, the driver will appear in court for an arraignment. During the arraignment, the charges will be formally read, and the driver will have the opportunity to enter a plea (guilty, not guilty, or no contest). Bail may also be set at this stage.

Pre-Trial Motions

Before the trial, both the defense and prosecution may file pre-trial motions. These motions can include requests to suppress evidence, dismiss charges, or compel the production of certain documents. This phase is crucial for building a defense strategy.


If the case goes to trial, it will be heard by a judge or jury. The prosecution must prove beyond a reasonable doubt that the driver was operating under the influence. The defense may present evidence and call witnesses to challenge the prosecution's case.


If the driver is found guilty, the judge will impose a sentence based on the severity of the offense and any aggravating factors. The sentence may include fines, jail time, license suspension, and other penalties.

Challenging the Traffic Stop

One common defense in OUI cases is to challenge the legality of the traffic stop. If the officer did not have reasonable suspicion to stop the vehicle, any evidence obtained during the stop may be inadmissible in court.

Questioning the Accuracy of Chemical Tests

Another defense is to question the accuracy of chemical tests. This can include challenging the calibration and maintenance of breathalyzer devices, the proper administration of blood tests, and the chain of custody for urine samples.

Medical Conditions

Certain medical conditions can mimic the symptoms of intoxication or affect the results of chemical tests. For example, diabetes can cause a person to exhibit signs of intoxication or produce a false positive on a breathalyzer test.

Resources and Support

Individuals facing OUI charges in Maine are strongly encouraged to seek legal assistance. An experienced OUI attorney can provide valuable guidance and representation throughout the legal process.

Substance Abuse Programs

Maine offers various substance abuse programs and resources for individuals struggling with alcohol or drug addiction. Participation in these programs may be a condition of sentencing or probation.

Victim Impact Panels

Some offenders may be required to attend a victim impact panel as part of their sentence. These panels provide an opportunity for offenders to hear from individuals who have been affected by drunk driving.

Alcohol Education Programs

Offenders are often required to complete alcohol education programs. These programs aim to educate individuals about the dangers of impaired driving and help prevent future offenses.


Operating Under the Influence (OUI) is a serious offense in Maine, with significant legal and administrative consequences. Understanding the state's OUI laws, penalties, and legal procedures is crucial for anyone facing OUI charges. By seeking legal assistance and utilizing available resources, individuals can navigate the complexities of the legal system and work towards a positive outcome.

For more information on Maine's OUI laws, please refer to the following official resources:

This article aims to provide a comprehensive and detailed overview of OUI laws in Maine, helping to improve access to justice and legal understanding for all individuals.

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