DUI Laws in Maine (OUI)

Overview

Maine uses the term OUI (Operating Under the Influence) and takes a notably strict approach to impaired driving enforcement. The state has a 10-year lookback period and treats a third offense as a Class C felony carrying up to 5 years in prison. Maine was one of the first states to adopt a mandatory 150-day license suspension for a first OUI and requires an ignition interlock device for license reinstatement after any OUI conviction. The state also stands out for its administrative 'per se' suspension that kicks in immediately upon arrest, separate from any criminal penalties.

Official term: OUI

BAC Limits

Penalties by Offense

Felony threshold: 3rd offense within 10 years. Lookback period: 10 years.

Additional Penalty Details

Implied Consent Law

Under Maine's implied consent law (29-A M.R.S. §2521), anyone operating a motor vehicle on Maine roads has impliedly consented to submit to chemical testing (breath, blood, or urine) when an officer has probable cause to believe they are operating under the influence.

Refusal penalties: First refusal: 275-day license suspension. Second refusal (or refusal with prior OUI): 18-month suspension. Third or subsequent refusal: 4-year suspension. Refusal carries a longer suspension than a first-offense OUI conviction and is admissible in court.

Aggravating Factors

DUI with Injury

Classification: Class C Felony (Criminal OUI causing serious bodily injury) / Class B Felony (manslaughter)

OUI causing serious bodily injury (17-A M.R.S. §206-A): Class C felony, up to 5 years imprisonment and up to $5,000 fine with mandatory minimum 6-month license suspension. OUI causing death (manslaughter — 17-A M.R.S. §203): Class A or B felony, up to 30 years imprisonment. Aggravated OUI causing death may carry a 10-year mandatory minimum.

Underage DUI

Maine has a true zero-tolerance law for drivers under 21. Any measurable BAC triggers a civil violation with an automatic 1-year license suspension for a first offense. A second zero-tolerance violation results in a 2-year suspension. If the underage driver's BAC is 0.08% or higher, they face the same criminal OUI charges and penalties as an adult, in addition to the zero-tolerance suspension.

Diversion Programs

Program: OUI Diversion Program (DEEP)

Maine's Driver Education and Evaluation Program (DEEP) is mandatory for all OUI offenders and serves as both an educational and evaluation program. For first-time offenders, successful completion of DEEP along with meeting all other requirements is a prerequisite for license reinstatement. Some courts may offer deferred disposition arrangements for first-time offenders where charges may be reduced upon completion of all conditions.

Eligibility: First-time OUI offenders with BAC below 0.15% are most likely to receive favorable deferred disposition terms. DEEP participation is mandatory for all offenders regardless. Offenses involving injury, death, or minors in the vehicle are generally not eligible for favorable deferred arrangements.

How Long a DUI Stays on Your Record

An OUI conviction stays on your Maine criminal record permanently. Maine does not allow expungement of criminal convictions, though a pardon from the Governor is possible in limited circumstances. For driving record purposes, OUI convictions remain for at least 10 years (the lookback period). For insurance purposes, an OUI typically affects your rates for 5–10 years.

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. §2453

Underage zero-tolerance for operating with measurable BAC under 21

Related

DUI license recovery in Maine →