Maine DUI/OUI Laws


According to the most recent FBI statistics, about 7,000 people annually are charged with an OUI conviction in Maine each year. So if you’re among them, know that you’re not alone. A drunk driving charge can be embarrassing, complicated and expensive, but it doesn’t have to destroy your life. Information about what to expect is one of your greatest resources.

In Maine, any adult over the age of 21 with a blood alcohol content of .08% or higher who operates a motor vehicle can be charged with an OUI, which stands for Operating Under the Influence. This not only applies to alcohol, but also to any illegal or legal drugs which are impairing one’s ability to drive safely.

Additionally, Maine is a zero tolerance state for minors. If you’re under 21 years old and have any alcohol in your system, you’ll lose your license for at least one year.

Implied Consent and You

In all states, when you sign the forms to receive a driver’s license, you’re also agreeing to the Implied Consent provision. This means that you agree to submit to chemical testing, such as a Breathalyzer test, if you’re ever stopped under suspicion of drunk driving. Failure to refuse a sobriety test is usually a separate charge.

Heavier Charges with Each OUI Offense

Ideally, you don’t want to get multiple OUI’s, as the penalties increase substantially with each occurrence. Here’s what to expect with each OUI conviction:

1st OUI

The first OUI conviction results in a $500 and up to 90 days in jail. Additionally, your driver’s license will immediately be suspended for at least 90 days, and will only be reinstated as a conditional license, valid for only one year’s time. (A conditional license can be revoked at any time during that year, without a hearing, if you’re discovered with any amount of alcohol in your system while operating a motor vehicle.)

2nd OUI

For a second conviction, the fine goes up to $1,000 and the jail time is now set at a minimum of six months. Your driver’s license is also suspended immediately until your day in court, and if convicted will remain suspended for at least three years.

3rd OUI

While the fine of $1,000 remains the same, the minimum jail time associated with a third conviction is nine months and one day. Additionally, your license is suspended for six years.

4th OUI

The penalties really add up on the fourth OUI conviction. Jail time is now a minimum of two years, and your license will be suspended for four years, in addition to a $1,000 fine.

How to Minimize the Damage of an OUI

These convictions must occur within ten years of one another. Ten years is the so-called “washout period” in the state of Maine. However, laws created in 2010 now offer some offenders the option to get their license back earlier if they install an ignition interlock device in their motor vehicle.

This system requires the vehicle operator to use a Breathalyzer in order to start their car, with the car unable to start if the driver has alcohol in his or her system. In many cases, the courts will use it as an alternative to longer and harsher sentences. However, these are usually dealt with on a case by case basis.

No matter what your specific circumstances are, however, there are certain minimum sentencing guidelines which apply to all people convicted of an OUI. However, some of the punishments and restrictions can be lessened in certain cases.

Legal Professionals can Help

An experience attorney who understands Maine’s OUI laws can be a valuable asset to have on your side. Most people don’t have the legal know-how to attempt to plea bargain their case, so they accept whatever judgment the court hands down without any attempt to properly defend themselves.

An OUI lawyer may be able to plead your case down to reduce the penalties. Typically, a first-time offender will try to reduce the charges down to “reckless driving.” This is known informally as a “wet reckless” case.

Additionally, an attorney can help you receive an interlock system, which will get you behind the wheel sooner. He or she can also help you navigate the sometimes confusing world of the court system, and hopefully help you return to your normal life as soon as possible.