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Maine OUI Penalties

Maine OUI Penalties and Laws

If you are charged and convicted with an OUI in Maine, the first action will be to suspend your license. This will occur before any court appearances so that you cannot drive even while waiting for your hearing.

Zero Tolerance Law

The zero tolerance law refers to those drivers who are under the age of 21. As you can imagine, zero tolerance means exactly what it sounds like – no amount of alcohol can be in your system. If even a trace amount of alcohol is found while you are found operating or attempting to operate a motor vehicle, your license will be revoked for one year. If you then refuse to take a test, your license is taken away for 18 months. Having an additional passenger under the age of 21 in the vehicle, 180 days will be added to the suspension. Even with a BAC (blood alcohol content) of less than .08%, the person in question can be prosecuted for OUI.

BAC (Blood Alcohol Content) Limit

In Maine, the BAC threshold for operating under the influence is .08%. This is measured by a breath test or a blood test. This can be enough evidence to convict without further evidence.

Minimum Penalties for OUI

Offense Suspension Jail Time Fine
1st no aggravating factors 90 days 0 $400
1st w/aggravating factors* 90 days 48 hours $400
1st (refusal)** 90 days 96 hours $500
2nd*** 18 months 7 days $600
2nd (refusal) 18 months 12 days $800
3rd 4 years 30 days $1,000
3rd (refusal) 4 years 40 days $1,300
4th or more 6 years 6 months $2,000
4th (refusal) 6 years 6 months & 20 days $2,400

*Aggravating factors include a BAC of .15 percent or more, or traveling 30 m.p.h. or more over the speed limit, or attempting to elude an officer of the law, or having a passenger under 21 years of age. The law requires an additional 275 day suspension be imposed by the court or the Secretary of State if transporting a passenger under 21.

**Refusal to be tested results in a loss of license for at least 275 days which is consecutive to any suspension imposed for an OUI conviction.

***A second conviction within ten years prohibits the offender from obtaining a work-restricted license or from registering a vehicle.

Information taken from Bureau of Highway Safety – Maine’s OUI Laws Explained