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What are the penalties for an OUI / DUI in Maine?






OVER 65+


OVER 125+

Why you should never plead guilty to an OUI / DUI in Maine

If you are arrested for an OUI in Maine and, even worse, cause harm to someone as a result of an automobile accident when you were determined to be driving while intoxicated, do not expect the authorities to be receptive.

With over 30% of all traffic-related deaths in Maine attributable to drivers with OUI offenses, empathy will be hard to come by in the general population.

Even for a first offense, you face 30 days in jail, a hefty fine, and a long license ban. An experienced OUI lawyer may be able to occasionally reduce these penalties.

The law recognizes that individuals make honest mistakes, and though the penalties are severe, you may be able to get out of the worst of the consequences if your lawyer can show that you deserve it.

First Offense OUI / DUI

A conviction of a first DUI will result in at least a 150 day suspended license as well as a $500 fine. However, if there were any aggravating factors involved, the penalties will increase. Aggravating factors include an extremely high BAC of 0.15% or more, going 30 mph over the speed limit, trying to evade the police officer, or having a passenger in your care who was under 21.

Along with the previously mentioned penalties, the individual could also be facing up to 48 hours in jail. If there was a passenger under the age of 21, then there will also be an additional 180-day license suspension imposed. If the driver had also refused to submit to breath testing or blood testing, the jail time could increase to 96 hours as well as a 275-day administrative license suspension that would run consecutively to any court-imposed suspension for possible total suspension time of one year.

Second Offense OUI / DUI

If the individual was convicted of a second DUI, the license suspension period will jump from 150 days to 3 years. They will also be put in jail for 7 days and ordered to pay a $700 fine. These are only minimum penalties, a judge could order more jail time, a higher fine or both. If this was the second DUI in ten years, they will not be able to get a work-restricted license or register a vehicle.

For a second conviction coupled with a breath test or blood test refusal, the jail time will increase to 12 days, the minimum fine will increase to $900 and you may face other penalties as well including license suspension.

Third Offense OUI / DUI

Those who are convicted of a third OUI could be left without the ability to drive for six years. This could bring with it many difficulties, such as the inability to get to work and take care of your family. You will also be sent to jail for a mandatory minimum 30 days and fined no less than $1,100. Along with all the other costs which result from a court case, these expenses can prove to be too much for many families and individuals.

When a third conviction is aggravated by a breath test refusal, the jail time can increase to 40 days and the fine can increase to $1,400. In addition, you will have to attend alcohol or drug counseling as well as any other penalty the judge may deem to sentence you with.

Fourth Offense OUI / DUI

A mandatory minimum six months in jail as well as eight years without a driver’s license is what is facing individual’s convicted of DUI for a fourth time. Not only that, but they will have to pay a minimum $2,100 fine and attend drug or alcohol counseling.

A conviction involving a field sobriety test or chemical test refusal will also involve higher penalties. Six months and twenty days in jail and a $2,400 fine will be placed on anyone found to violate this law. Keep in mind that these are the mandatory minimum penalties that can be imposed by statute.

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