OUI Penalties
Maine Drunk Driving Penalties and Consequences for OUI
Click the links to go through the penalties and consequences for OUI
- First Offense OUI
No previous "OUI offenses" within a ten year period. "OUI Offense" is either a conviction for OUI, DUI, or DWI in Maine or in any other state, or an administrative suspension for failure to submit to a chemical test. The ten year "look back" runs from the date of the previous conviction to the date of the new criminal conduct.
FINE - Five Hundred Dollars ($500.00) or Six Hundred Dollars ($600.00) if the person failed to submit to a chemical test. These fines also carry surcharges of 20%, plus a Thirty Dollar ($30.00) OUI surcharge, and finally a Ten Dollar ($10.00) contribution to the victim's fund. Therefore, a Five Hundred Dollar ($500.00) OUI fine means a Six Hundred Forty Dollar ($640.00) check to the "Clerk of Courts".
JAIL - Forty-Eight (48) hours to the county jail if: (1) blood alcohol level of .15% or more; (2) speeding 30 MPH over limit; (3) eluding an officer; (4) passenger under 21 years of age.
OR
- Ninety-Six (96) hours to county jail if the person failed to submit to a chemical test.
SUSPENSION - Ninety (90) days - The Court ordered 90 days suspension will be concurrent (at the time as) any administrative suspension imposed by the Secretary of State. However, if there was a Secretary of State's suspension for refusing to submit a chemical test, then the 90 day Court ordered suspension will be consecutive to (tacked onto) the 275 day administrative suspension.
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Second Offense OUI
One OUI conviction, or failure to submit to a chemical test within a ten year period.
FINE - Seven Hundred Dollars ($700.00) plus surcharges. The fine is Nine Hundred Dollars ($900.00) plus surcharges if the person failed to submit to a chemical test.
JAIL - Seven (7) days to the county jail.
OR
- Twelve (12) days to the county jail if the person failed to submit to a chemical test.
SUSPENSION - Eighteen (18) months - There is no eligibility for work-restricted status. The Court ordered suspension of 18 months is concurrent with any previously imposed administrative suspension, except if the administrative suspension was for refusal to submit to a chemical test. In that case, the 18 month Court ordered suspension will be consecutive to the 275 day administrative suspension previously imposed.
- Third Offense OUI (Class C or "Felony")
At least two OUI convictions, or administrative suspensions for failure to submit to a chemical test withing a ten year period.
FINE - One Thousand One Hundred Dollars ($1,100.00), or One Thousand Four Hundred Dollars ($1,400.00) if the person failed to submit to a chemical test.
JAIL - Thirty (30) days to the county jail.
OR
- Forty (40) days to the county jail if the person failed to submit to a chemical test.
SUSPENSION - Four (4) years - Court ordered suspension.
- Fourth or More Offense OUI
Three or more OUI convictions, or refusal to submit to a chemical test within a ten year period.
FINE - Two Thousand One Hundred Dollars ($2,100.00), or Two Thousand Five Hundred Dollars ($2,500.00) if the person failed to submit to a chemical test.
JAIL - Six (6) months to the county jail.
OR
- Six (6) months and twenty (20) days to the county jail if the person failed to submit to a chemical test.
SUSPENSION - Six (6) years - Court ordered suspension.
NOTE: For second+ offenses, the person's right to register a vehicle will also be suspended. (29-A M.R.S.A. §2416)