Updated: September 19, 2025
As if the criminal process for operating under the influence (OUI) wasn’t already complex enough, with its administrative and criminal aspects, things get even more complicated if you’re arrested and charged for drunk driving, and you have a driver’s license from a state other than Maine. Now there are multiple states involved, both of which are interested in suspending your license.
How things work out varies greatly, depending on which state your driver’s license belongs to. You will almost certainly need two different OUI defense attorneys to help you through the process – one in Maine, and another in your home state.
Here’s what Maine will do, if you get charged for OUI in our state, but have a different state’s driver’s license.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI/DUI & criminal defense attorneys, serving Maine, today.
Table of Contents
Maine OUI Laws
The statute that prohibits drunk or drugged driving in the state of Maine is 29-A Maine Statute § 2411. It outlaws operating a motor vehicle while having a blood alcohol content, or BAC, at or above the state’s legal limit of 0.08%. It also prohibits being “under the influence of intoxicants” while operating a motor vehicle, allowing police to make arrests based on their subjective perception of impairment.
Penalties for an OUI Conviction in Maine
Violating OUI laws in Maine comes with some steep penalties. The following table shows just the minimum penalties of a conviction, based on whether you have been convicted for OUI before, or how many prior offenses you have:
| Minimum Jail Time | Minimum Fines | Minimum License Suspension | Crime Classification | |
| First OUI Offense | No minimum | $500 | 150 days | Class D misdemeanor |
| Second OUI Offense | 7 days | $700 | 3 years | Class D misdemeanor |
| Third OUI Offense | 30 days | $1,100 | 6 years | Class C felony |
These penalties can increase whenever there are aggravating factors in your OUI arrest. These include:
- Refusing to take a BAC test or breathalyzer
- Criminal speeding before the arrest, or going more than 30 miles per hour over the stated speed limit
- Causing an accident, especially if it caused an injury
- Vehicular manslaughter
- Attempting to elude the police
- Having a BAC of 0.15% or higher
- Having a child passenger in the car, which can lead to a charge of child endangerment OUI.
Maine OUI Process for Out of State Drivers
Maine will charge you for drunk driving, and your case will go before one of the courts in Maine. This means that a Maine prosecutor will handle your case, a Maine judge will hear it, and you’ll have to defend it in Maine. This can be a huge hassle if you’re from out of state, especially if you’re from out of the Northeast, and may require you to travel back to Maine to make a court appearance. In this way, the criminal process for an out-of-state license is the same as it is for a Maine resident.
The administrative process, however, is much different if you’re from out of state. Maine has no power to suspend your license if it wasn’t issued by the Maine Bureau of Motor Vehicles. However, nearly all states in the U.S. participate in the National Driver Registry (NDR), which is a database of traffic violations from across the country. States use the NDR to share information about which licenses have been suspended, and why.
Maine is one of these states. They’ll share your OUI charge with your home state, and your home state can take action, as well, which could mean that you’ll face legal issues in your home state, as well as in Maine. It typically also means that your home state will suspend your license for your Maine OUI. This is where you would need to consult an OUI defense attorney in your home state. Because each state handles OUI law differently, there are going to be little eccentricities in your home state that a Maine OUI attorney would not be aware of, but that your local OUI lawyer would understand perfectly. However, If you find yourself in this predicament, and you’ve retained The Maine Criminal Defense Group, we will consult with an attorney from your home state to determine what if any impact, a conviction or suspension will have upon your home state driver’s license.
Difficulties Faced By Out-of-State OUI Defendants
People who live out-of-state face some special difficulties if they get accused of OUI in Maine.
The most obvious is the need to be physically present for certain court appearances, like your trial. This inconvenience gets drastically worse when your OUI case moves through the court system and you don’t have an attorney to represent you. In cases where Maine Criminal Defense Group represents our out of court clients, we can get your physical presence waived from almost all court proceedings, including the arraignment. For those of you who don’t have an attorney, the courts will require you to appear in person at every juncture, even if it means flying in from California.
Less obvious difficulties that out-of-state OUI defendants face include:
- An unfamiliarity with Maine geography
- Difficulties finding an OUI-defense lawyer without being able to meet them face-to-face
- Potential time zone differences
- The potential of serving jail time in a Maine facility, rather than one closer to home
- Confusion in how your out-of-state driver’s license will be impacted by an OUI conviction in Maine.
The OUI defense lawyers at The Maine Criminal Defense Group understand that there are all very real problems. We can urge courts to take measures that minimize these inconveniences and try to schedule mandatory hearings that do not conflict with your life outside of Maine.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI/DUI & criminal defense attorneys, serving Maine, today.
How Out-of-State Driving Infractions Play a Role in a Maine OUI Charge
While aggravating factors can increase the penalties that you can face if you get convicted on an OUI charge in Maine, prior OUI offenses still remain the biggest factor. Just because the OUI charge is in Maine does not mean that only prior offenses in Maine will count. OUI offenses in other states will count as priors.
As a member of both the Driver’s License Compact and the Non-Resident Violators Compact, Maine has an agreement with nearly all other states in the U.S. to notify each other of driving infractions that happen in the state. This is a two-way agreement: Maine hears of prior offenses that happen out of state, as well.
Through these databases, prosecutors and law enforcement in Maine will learn of prior out-of-state OUI offenses and will take them into account in the current in-state accusation. Any penalties that are issued in Maine will then get reported to your home state, which will impose those sanctions without further discussion.
Defending Against an Out-of-State OUI Allegation in Maine
Just because it is more inconvenient than simply pleading guilty does not mean that you should simply disregard the possibility of defending against an OUI charge. The penalties of a conviction are serious and can alter how you live your life and even how you get to work. In many cases, it is well worth the time and effort to challenge the prosecutor’s case against you by arguing that:
- The police officer had no reasonable suspicion to support the traffic stop that led to your arrest.
- They administered field sobriety tests or BAC tests incorrectly.
- The BAC test was not properly maintained or calibrated.
- The officer’s testimony should not be trusted.
- The officer’s certifications expired.
- There are medical conditions that would explain the test result or your performance on the field sobriety tests.
The thought of having to come to Maine for an OUI trial should not deter you from pursuing one of these defenses. Simply raising it can make the prosecutor review the case against you, potentially leading to a good plea deal or causing them to drop the case, altogether.
Contact our Maine Out-of-State OUI Defense Lawyers For Help Today
If you’ve been charged with an OUI in Maine, but have an out-of-state license, call OUI defense attorney William T. Bly at The Maine Criminal Defense Group. He understands the difficulties you’re facing, and will vigorously defend your interests. Call or contact us online to start planning your defense now.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI/DUI & criminal defense attorneys, serving Maine, today.
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