DUI Penalties in Maine

Maine DUI laws and penalties

Each State within the United States is given the authority to write their own laws on Driving Under the Influence, or better known as DUI. Within this article we will explore the different DUI laws in the State of Maine, and their consequences. To begin with, Maine has what is known as a ten year "Lookback Period". This means that any prior DUI's you have aquired within the past ten years will be relevant for the sentencing you are now facing with your current DUI. Also, the State of Main recognizes the terms DUI (Driving Under the Influence) and OUI (Operating Under the Influence) as being equal in their definition and carries the same measure of penalties. 

What constitutes a high BAC for a DUI/OUI in the State of Maine?

  • Under 21: .00% Maine is a zero tolerance State
  • 21 or Older: .08%
  • Commercial: .04%

There is never an acceptable time to drink and drive as your vision, reasoning, along with your mental capacity to make important decisions and judgments is severely hindered and are not capable of bouncing back to what you are able to perform without alcohol in your system. Each person is different and their tolerance level for alcohol is severely unpredictable, making it impossible to say how many drinks are "normal" or not. This is what requires law enforcement to perform chemical testing on suspecting DUI/OUI offenders. If you are pulled over and requested to take a chemical test to determine your BAC, or Blood Alcohol Content, Maine has what is known as an implied consent law. This means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. For refusal to take a chemical test, the penalties will be a follows:

  • First Offense: 275 days license suspension
  • Second Offense: 18 months license suspension
  • Third Offense: 4 years license suspension

What are the penalties wiithin the Maine DUI/OUI laws?

There are many penalties within the Maine DUI/OUI laws, and we will explore them in this section. Should you be pulled over and found guilty of Driving Under the Influence, or Operating Under the Influence, of alcohol within the boarders of the State of Maine, the following are the penalties you will be facing:

Penalty of Jail

  • First Offense: 30 days
  • Second Offense: 6 months
  • Third Offense: 9 months and 1 day
  • Fourth Offense: 2 years

Penalties and Fees

  • First Offense: $500 
  • Second Offense: $1,000
  • Third Offense: $1,000 minimum
  • Fourth Offense: $1,000 minimum

Penalty of License Suspension

  • First Offense: 90 days
  • Second Offense: 3 years
  • Third Offense: 6 years
  • Fourth Offense: 6 years

Penalty of Ignition Interlock Device (IID)

  • First Offense: No
  • Second Offense: Yes
  • Third Offense: Yes
  • Fourth Offense: Yes


It is important to note that laws change, along with their interpretation and application of them. Due to the fact that there are multiple jurisdictions within a State and each may choose to enforce the laws in different ways, it is important to prepare for the unexpected. For this reason it would be in your best interest to retain the services of an experienced and professional lawyer who is well versed in the DUI/OUI laws of the State of Maine, and is capable of giving you the direction you need for your specific case, along with being fully aware of the current laws pertaining to DUI. 

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