OUI Penalties

Maine Drunk Driving Penalties and Consequences for OUI

Click the links to go through the penalties and consequences for OUI

  1. 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.

  2. 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.

  3. 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.

  4. 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)