SecondChanceInfo

DUI Laws in Maine (OUI)

Maine uses the term "OUI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 10 years for ordinary qualifying prior OUI offenses; no ten-year limit for the prior Class B/C OUI or qualifying OUI-related homicide trigger in §2411(1-A)(D)(2). 3rd offense within 10 years (Class C felony); any OUI committed after a prior Class B or C OUI conviction or an OUI-related criminal homicide conviction — no matter how long ago — is a Class B crime (§2411(1-A)(D)(2)). Below are the full details of Maine's DUI laws and penalties.

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Overview

Maine calls impaired driving OUI. The ordinary adult penalties below depend on qualifying priors within ten years; a prior Class B or C OUI or qualifying OUI-related homicide can trigger a separate Class B rule regardless of age. Administrative license action is separate from the criminal case. Read the BMV notice for its effective date and hearing procedure. Ignition-interlock installation alone does not restore driving privileges: BMV must approve reinstatement and all other conditions must be satisfied.

Official term: OUI

BAC Limits

Driver TypeBAC Limit
Standard (21+)0.08%
Commercial (CDL)0.04%
Under 210.00% (any measurable amount)
Enhanced Penalty0.15%

Penalties by Offense

OffenseClassificationJail TimeFinesLicense SuspensionIID
1st OffenseClass D MisdemeanorNo mandatory minimum with no aggravating circumstances; 48-hour minimum if BAC was 0.15% or higher, you exceeded the speed limit by 30+ mph, you eluded an officer, or a passenger under 21 was in the vehicle; 96-hour minimum if you refused a test; up to 364 days maximum (29-A M.R.S. §2411(5)(A))$500 minimum; $600 minimum for refusal; ordinary Class D maximum $2,000, plus applicable surcharges (§2411(5)(A); 17-A §1704)150 daysOptional early-reinstatement route: after 30 days served, BMV may reinstate with an approved IID for the remaining suspension period if all other conditions are satisfied (§2508). Separate work-restricted administrative relief may be available under §2503.
2nd OffenseClass D Misdemeanor7 days minimum; 12 days minimum for refusal; up to 364 days for the ordinary Class D offense (§2411(5)(B); 17-A §1604)$700 minimum; $900 minimum for refusal; ordinary Class D maximum $2,000, plus applicable surcharges3 yearsFor an eligible second-offense case, BMV may reinstate after 9 months served, with an approved IID for the remaining suspension and all other reinstatement conditions satisfied (§2508).
3rd OffenseOrdinary third offense: Class C; separate Class B triggers are listed below30 days minimum; 40 days minimum for refusal; up to 5 years for the Class C offense (§2411(5)(C); 17-A §1604)$1,100 minimum; $1,400 minimum for refusal; ordinary Class C maximum $5,000, plus applicable surcharges6 yearsFor an eligible third-offense case, BMV may reinstate after 3 years served, with an approved IID for the remaining suspension and all other reinstatement conditions satisfied (§2508).
FelonyClass C or Class B, depending on the statutory triggerClass C: third offense minimum 30 days (40 for refusal); fourth or subsequent minimum 6 months (6 months and 20 days for refusal); maximum 5 years. Class B under §2411(5)(D-2): minimum 6 months, maximum 10 years. Serious-injury Class C has its own 6-month minimum.Third offense: $1,100 minimum ($1,400 for refusal); fourth or subsequent: $2,100 ($2,500 for refusal). Serious-injury or Class B OUI: $2,100 minimum. Ordinary maximum: $5,000 Class C, $20,000 Class B; surcharges additional.Court-ordered: 6 years for a third offense or serious-injury OUI; 8 years for fourth or subsequent Class C OUI; 10 years for Class B OUI under §2411(5)(D-2). Other licensing grounds or conditions may also apply.Eligibility depends on the exact felony and number of offenses. Section 2508 provides conditional routes after 3 years for a third offense or serious-injury OUI, and 4 years for a fourth or subsequent offense. OUI causing death under §2411(1-A)(D)(1-A) is excluded. BMV approval and all other reinstatement conditions are required.

Felony threshold: 3rd offense within 10 years (Class C felony); any OUI committed after a prior Class B or C OUI conviction or an OUI-related criminal homicide conviction — no matter how long ago — is a Class B crime (§2411(1-A)(D)(2)). Lookback period: 10 years for ordinary qualifying prior OUI offenses; no ten-year limit for the prior Class B/C OUI or qualifying OUI-related homicide trigger in §2411(1-A)(D)(2).

Additional Penalty Details

OffenseCommunity ServiceProbationDUI School
1st OffenseCheck the sentencing order for any additional service condition; this summary does not substitute service for a mandatory statutory penalty.Probation is not automatic. Eligibility is governed by 17-A §1802; where authorized, §1804 ordinarily caps Class D at 1 year, Class C at 2, and Class B at 3, with specified exceptions. Read the actual sentencing order.Complete the DEEP assessment, education, or treatment requirements assigned to your case and obtain the completion information required by BMV. A generic course is not proof that all reinstatement conditions are met.
2nd OffenseCheck the sentencing order for any additional service condition; this summary does not substitute service for a mandatory statutory penalty.Probation is not automatic. Eligibility is governed by 17-A §1802; where authorized, §1804 ordinarily caps Class D at 1 year, Class C at 2, and Class B at 3, with specified exceptions. Read the actual sentencing order.Complete the DEEP assessment, education, or treatment requirements assigned to your case and obtain the completion information required by BMV. A generic course is not proof that all reinstatement conditions are met.
3rd OffenseCheck the sentencing order for any additional service condition; this summary does not substitute service for a mandatory statutory penalty.Probation is not automatic. Eligibility is governed by 17-A §1802; where authorized, §1804 ordinarily caps Class D at 1 year, Class C at 2, and Class B at 3, with specified exceptions. Read the actual sentencing order.Complete the DEEP assessment, education, or treatment requirements assigned to your case and obtain the completion information required by BMV. A generic course is not proof that all reinstatement conditions are met.
FelonyCheck the sentencing order for any additional service condition; this summary does not substitute service for a mandatory statutory penalty.Probation is not automatic. Eligibility is governed by 17-A §1802; where authorized, §1804 ordinarily caps Class D at 1 year, Class C at 2, and Class B at 3, with specified exceptions. Read the actual sentencing order.Complete the DEEP assessment, education, or treatment requirements assigned to your case and obtain the completion information required by BMV. A generic course is not proof that all reinstatement conditions are met.

Implied Consent Law

Section 2521 addresses chemical testing when there is probable cause of impaired operation. Breath is the statutory default unless the officer determines it is unreasonable. Refusal consequences depend on the required warnings and applicable procedure; discuss the actual test request, notice, and any warrant with counsel.

Refusal penalties: Section 2521(6) lists 275 days for a first refusal, 18 months for a second, 4 years for a third, and 6 years for a fourth, unless a longer period applies. Subsection 6-A uses one year for a first refusal when its probable-cause-of-death condition applies. Under-21 rules are separate. The required warnings affect suspension, evidentiary use, and sentencing consequences; a prior OUI is not automatically a prior refusal.

Aggravating Factors

FactorImpact
BAC of 0.15% or higherTriggers a 48-hour mandatory minimum jail term on a first offense (a refused test triggers 96 hours); minimum fine $500 ($600 if the test was refused) (29-A M.R.S. §2411(5)(A))
Passenger under 21 years of age48-hour mandatory minimum jail on a first offense plus an additional 275-day license suspension consecutive to the OUI suspension (§2411(5)(A)(3)(a)(iv), (5)(G))
Excessive speed (30+ mph over limit)One of the four statutory aggravating circumstances that triggers a 48-hour mandatory minimum jail term on a first offense (§2411(5)(A)(3)(a)(ii))
Prior OUI conviction within lookback periodQualifying priors raise mandatory minimums. An ordinary third offense within ten years is Class C with a five-year maximum; specified prior felony OUI or OUI-related homicide convictions can instead trigger Class B regardless of age.
Driving with a suspended or revoked license due to prior OUIThis can be a separate offense under §2412-A. For an OUI suspension, subsection 3 ordinarily requires at least $600, seven consecutive days, and a further one-to-three-year suspension. Its qualifying repeat-offense schedule starts at $1,000 and 30 consecutive days and reaches Class C at the highest tier. Subsection 3-A permits specified financial-hardship relief from a minimum fine; obtain the exact charge and order.
Eluding or attempting to flee law enforcementOne of the four statutory aggravating circumstances that triggers a 48-hour mandatory minimum jail term on a first offense (§2411(5)(A)(3)(a)(iii))

DUI with Injury

Classification: Class C crime (OUI causing serious bodily injury) / Class B crime (OUI causing death) / Class A crime (manslaughter, 17-A M.R.S. §203)

OUI causing serious bodily injury (29-A M.R.S. §2411(5)(D-1)): Class C, mandatory minimum 6 months in jail, $2,100 fine and a 6-year license suspension. OUI causing death (§2411(5)(D-2)): Class B, mandatory minimum 6 months in jail, $2,100 fine and a 10-year license suspension — the same Class B penalties apply to any OUI committed after a prior Class B or C OUI conviction or an OUI-related criminal homicide conviction, no matter how long ago. A death case can also be charged as manslaughter (17-A M.R.S. §203), a Class A crime with up to 30 years.

Underage DUI

Zero tolerance: Yes
BAC limit: 0.00% (any measurable amount)

Under §2472, a provisional license is subject to a 1-year first-offense or 2-year second-offense suspension for OUI or operating with alcohol above 0.00, unless a longer period applies. A passenger under 21 adds 180 days under this provision. Underage refusal periods are 18 months for the first refusal and 30 months for a later refusal. Ask BMV how any court order, other suspension, and §2472(6) restoration rules apply; do not simply add the adult table to the underage period.

Diversion Programs

Program: Deferred disposition — court-dependent; separate from DEEP

Maine has a deferred-disposition procedure under 17-A §§1901–1903. Statutory eligibility includes Class C, D, and E cases with a guilty plea and written consent; the court decides whether to defer and imposes conditions. This is not a guaranteed dismissal and is separate from BMV action and DEEP requirements.

Eligibility: Ask counsel about the exact charge, statutory eligibility, prosecutor position, court order, and consequences of the plea. A BAC below 0.15% is not a statutory promise of a favorable disposition. Do not assume completion of an education program dismisses an OUI charge.

How Long a DUI Stays on Your Record

A ten-year prior-offense window does not erase a conviction. Qualifying prior Class B/C OUI and OUI-related homicide convictions can count regardless of age under §2411(1-A)(D)(2). Maine has limited sealing procedures, but its ordinary eligible categories do not include a standard Class D/C/B OUI conviction. Ask about the exact disposition and any special relief; criminal history, the driving record, and insurer practices are separate questions.

Key Statutes

29-A M.R.S. §2411
Operating under the influence — defines the OUI offense, BAC limits, and criminal penalties for all offense levels
29-A M.R.S. §2521
Implied consent — chemical testing requirements, refusal penalties, and administrative procedures
29-A M.R.S. §2508
Ignition interlock device requirements — conditions for IID installation and restricted license
17-A M.R.S. §203
Manslaughter — includes OUI-related deaths and corresponding penalties
29-A M.R.S. §2472
Underage zero-tolerance for operating with measurable BAC under 21

Frequently Asked Questions

What is the penalty for a first OUI in Maine?
For ordinary adult OUI with no qualifying prior in ten years, the statutory minimum fine is $500 ($600 for refusal) and the court suspension is 150 days. The 48-hour jail minimum requires a listed aggravator; refusal carries a 96-hour minimum, subject to the statutory warning rule. Early IID reinstatement after 30 days requires BMV approval and satisfaction of all conditions; installing a device alone does not restore permission to drive.
How long does an OUI stay on your record in Maine?
The ordinary ten-year prior-offense rule is not a deletion date. Some prior felony OUI or OUI-related homicide convictions count regardless of age. Maine offers limited sealing procedures, but a standard OUI conviction is outside the ordinary eligible categories listed by the Judicial Branch. Obtain the exact court disposition before evaluating any special relief.
Can you refuse a breathalyzer in Maine?
Refusal can have administrative, evidentiary, and sentencing consequences. Section 2521 ordinarily lists 275 days for a first refusal, with longer repeat-refusal periods, but a death-related probable-cause condition and under-21 rules change that schedule. The statute requires warnings before refusal is used for its specified purposes. Ask counsel about the actual test request and preserve the notice; this summary does not decide whether a particular request or refusal was lawful.
When does an OUI become a felony in Maine?
A third qualifying offense within ten years is Class C. Serious bodily injury has a separate Class C provision. OUI causing death, or OUI after specified prior Class B/C OUI or OUI-related homicide convictions, is Class B under §2411(5)(D-2); those prior-conviction triggers have no ten-year cutoff. Manslaughter is a separate possible charge. The exact charge and facts determine the applicable schedule.
Is an ignition interlock device required for a first OUI in Maine?
An IID is a route to early reinstatement under §2508, with BMV approval and all other conditions satisfied. The statute uses 30 days served for one offense, 9 months for two, 3 years for three, and 4 years for four or more, followed by an IID for the remaining suspension. Exclusions and separate rules apply, including OUI causing death. Ask BMV which route applies to your notice.
What is Maine's zero-tolerance law for underage drinking and driving?
Section 2472 applies to provisional licenses for people under 21 and prohibits operating with alcohol above 0.00. The ordinary first and second suspension periods are one and two years unless a longer period applies; refusal and an underage passenger have separate consequences. Ask BMV about the applicable notice and restoration conditions rather than using only the adult OUI table.
Can you get a hardship license after an OUI in Maine?
There are distinct routes. Section 2503 permits work-restricted relief for specified first administrative suspensions if its transportation-need and prior-suspension conditions are met. Section 2508 provides conditional IID reinstatement for eligible cases. Neither is automatic, and an administrative work license does not override a separate court suspension. Contact BMV with every applicable notice before driving.
What is the DEEP program in Maine?
DEEP is the Driver Education and Evaluation Programs administered by Maine DHHS. Contact the program about the assessment, education, treatment, or completion documentation required for your case. Finish all assigned requirements and confirm BMV has received what it needs; DEEP completion alone does not cancel a suspension or criminal charge.

Related Guide

DUI license recovery in Maine→

Step-by-step guide to getting your license back after a DUI in Maine — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.

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Disclaimer: This is informational only, not legal advice. DUI laws change frequently. Verify current requirements with Maine's statutes or consult a qualified DUI attorney in Maine.
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