DUI Laws in Maine

0.08 for adult drivers (OUI). Drivers under 21 may not operate with any alcohol level above 0.00.

First OUI with no prior offense in 10 years is a Class D crime with these minimum penalties that cannot be suspended: a fine of at least $500 ($600 if the person refused a test), a 150-day court-ordered license suspension, and at least 48 hours in jail if the BAC was 0.15 or more, the driver was going 30 mph or more over the limit, eluded an officer, or had a passenger under 21 (at least 96 hours if the person refused a test). A first-offender may have the license reinstated after 30 days of the suspension by installing an approved ignition interlock for the rest of the suspension. Drivers under 21 face a one-year suspension of a provisional license for a first OUI or any alcohol level above 0.00.

Maine classifies crimes by letter rather than calling them felonies; the Class C and Class B OUI offenses are the ones the state's OUI guide refers to as 'felony OUI.' OUI is a Class C crime when the person has 2 previous OUI offenses within 10 years (at least 30 days in jail and a fine of at least $1,100) or 3 or more within 10 years (at least 6 months and $2,100). It is a Class C crime when the OUI causes serious bodily injury, and a Class B crime when it causes a death or when the person has any prior Class B or C OUI conviction or prior OUI-related criminal homicide conviction, no matter how long ago.

A driver the officer has probable cause to believe was operating under the influence must submit to a breath, blood or urine test. Refusal leads to immediate license suspension by the Secretary of State: 275 days for a first refusal, 18 months for a second, 4 years for a third, and 6 years for a fourth (one year for a first refusal where death occurred or will occur). Refusal is admissible at trial and is an aggravating factor at sentencing. For drivers under 21, the refusal suspension is 18 months for a first refusal and 30 months for a later refusal.

10 years. OUI penalties increase based on the number of previous OUI offenses within a 10-year period.

The BMV handbook says certain mandatory suspensions, including OUI and test refusal, have no 'work' license option. However, the Secretary of State may reinstate a license early if the person installs an approved ignition interlock for the rest of the suspension: after 30 days for one OUI offense, after 9 months for two, 3 years for three, and 4 years for four or more. A $50 administrative fee applies.