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Maine OUI Laws.

 

Operating Under the Influence Laws in Maine.

Maine Law does not prohibit drinking alcohol and driving. Maine law prohibits operating a motor vehicle while under the influence of alcohol or drugs, which is defined as having your mental or physical facilities impaired, to the slightest degree, by alcohol, or other substances, such as marijuana. Maine law also prohibits operating a motor vehicle with a blood or breath alcohol level of 0.08 or greater.

Information on Maine OUI Laws can be found on the Maine Department of Public Website.

What are the penalties for OUI in Maine?

The following penalties apply to convictions for operating under the influence convictions in Maine.

  • 1st Offense: 1-year maximum penalty and fine of $500 to $2,000, License Suspension 150 days; (there is a mandatory minimum jail sentence of 48 hours minimum for a BAC test of 0.15 or higher, or if a passenger under 21 was in the vheicle; and a 96 hours minimum sentence if the chemical test was refused);

  • 2nd Offense: Mandatory minimum 7 days in jail and up to 1 year (12 days minimum for unlawful BAC test refusal), Fine $700 to $2,000 ($900 minimum for unlawful BAC test refusal), License Suspension 3 years;

  • 3rd Offense (class C felony): 30 days in jail to 5 years (40 days minimum for unlawful BAC test refusal), Fine $1,100 to $5,000 ($1,400 minimum for unlawful BAC test refusal), License Suspension 6 years;

Generally, only prior OUI convictions within the last ten years count to enhance a current OUI charge and potential penalties; however, a prior felony OUI conviction will enhance a new OUI charge to an aggravated OUI felony no matter how much time has passed since the prior conviction.

First-offense enhancements. A first-offense OUI requires a mandatory 48 hours in jail if the driver had a BAC of .15% or more, or had a passenger under the age of 21.

Enhancements for injuries and fatalities. An OUI that involves serious bodily injury or death will result in increased penalties. An injury OUI is a class C crime, which carries six months to five years in jail, $2,100 to $5,000 in fines, and a six-year driver’s license suspension. A fatality OUI is a class B crime and will result in six months to ten years in jail, $2,100 to $20,000 in fines, and a ten-year driver’s license suspension. A fatality or injury OUI conviction stays on a driver’s record forever and will increase the penalties for future OUI convictions.

Is someone convicted of OUI in Maine eligible for a restricted license?

Drivers who have their license suspended for an OUI offense are generally eligible for early reinstatement and a restricted license. To obtain a restricted license, the driver must install an ignition interlock device (IID), petition to the Secretary of State for reinstatement, and complete the following requirements:

  • First offense. For a first offense, the driver must complete 30 days of the suspension and maintain an IID for the remainder of the original suspension period.

  • Second offense. For a second offense, the driver must complete nine months of the suspension and maintain an IID for two years.

  • Third offense. For a third offense, the driver must complete three years of the suspension and maintain an IID for three years.

  • A work-related hardship license may also be available for a first-offense OUI-related administrative suspensions. A work-restricted license is not immediately available on a court imposed OUI suspension.

Mandatory counseling (D.E.E.P.) is required to reinstate a driver’s license after an OUI suspension has been imposed.

Underage OUI: Drivers who are under the age of 21 are prohibited from having any measurable amount of alcohol in their system while operating a vehicle. A violation carries a one-year suspension for a first offense and a two-year suspension for a second offense. Underage offenders who were transporting at least one passenger under the age of 21 at the time of the offense will receive an additional 180 days of suspension time. These suspensions are separate from any consequences that might result from an underage driver being found guilty of an OUI as defined above.

Commercial driver licenses (CDL) are suspended for one year for a first offense OUI conviction, and a lifetime revocations for a second offense OUI conviction.

The Maine Bureau of Motor Vehicles has the statutory authority to impose an administrative license suspension on a person charged with operating under the influence. The administrative suspension will match the suspension period authorized under the criminal statutes for convictions, except if there is an allegation of refusing the chemical test, in which case the BMV will issue a separate suspension period that would run consecutive to any court imposed suspension. A driver has the right to petition the BMV for an administrative hearing on the notice of suspension. At the hearing the State would need to prove by a preponderance of the evidence a person was operating a motor vehicle while under the influence with a breath or blood alcohol level of 0.08 or higher, or that the person refused a chemical test.

OUI CONVICTIONS OUTSIDE THE STATE OF MAINE

Maine, like many other states, has joined two interstate agreements to enforce driving rules and keep records of infractions. In Maine, drivers are subject to agreements between several states in the following compacts: The Driver License Compact (DLC) and Non-Resident Violators Compact (NRVC). States in the DLC share infraction records and enforce interstate license suspensions. So, if you are vacationing in Mobile and get a speeding ticket or DUI, Alabama DMV will pass the information on to regulatory authorities in Florida.

The following states did not sign the agreement, making them non-compact states: Georgia, Massachusetts, Michigan, Tennessee, Wisconsin. Just because these states do not belong to the DLC doesn’t mean OUIs in any of those states are irrelevant. All these states choose to share convictions and citation records with other states at their discretion.

The NRVC is an agreement between states that shares traffic infraction information between the states that joined the compact. The purpose of the NRVC is to enforce infractions committed by out-of-state drivers. So, if you are arrested for a driving infraction in another State and do not appear for your court date, that State will alert Maine asking the BMV in Maine to suspend your license. Not every state joined the NRVC compact agreement. The following states did not participate in the NRVC: Alaska, California, Montana, Michigan, Oregon, Wisconsin. As with the DLC, these states often send infractions to the home state.