Maine Drunk Driving Penalties and Consequences for 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 an additional Sixth-Five Dollars ($65.00) in surcharges. Therefore, a Five Hundred Dollar ($500.00) OUI fine means a Six Hundred Sixty-Five Dollar ($665.00) check to the "Clerk of Courts".

JAIL - Forty-Eight (48) hours to the county jail if: (1) breath 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 - One Hundred Fifty (150) days - The Court ordered 150-day suspension will be concurrent (run at the time as) any administrative suspension imposed by the Secretary of State at the BMV hearing. However, if there was a Secretary of State's suspension for refusing to submit a chemical test, then the 150-day Court ordered suspension will be consecutive to (tacked onto) the 275-day administrative suspension.

WORK LICENSE AFTER FIRST OFFENSE OUI CONVICTION -After serving 100 days of suspension following an OUI conviction, you are eligible for a work restricted license, but you must complete the DEEP requirement first.

IGNITION INTERLOCK DEVICE AFTER FIRST OFFENSE OUI CONVICTION - After 30 days of suspension you may have an IID installed in your vehicle if you have completed your DEEP requirement. The 30 days can be served as part of the BMV suspension or the Court suspension. It is usually prudent to get the 30 days of “hard suspension” (no driving) completed immediately after the BMV suspension is imposed. Then by the time of the court appearance you are already driving on the IID or have been fully reinstated.

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 - Minimum of Seven (7) days to the county jail. The jail sentence could be up to 364 days which is the maximum for a misdemeanor charge. One year of Probation is also a sentencing alternative on a 2nd offense OUI conviction.

OR

- Minimum of Twelve (12) days to the county jail if the person failed to submit to a chemical test.

SUSPENSION - Three (3) years. There is no eligibility for work-restricted status. However, you would be eligible for the Ignition Interlock Device (IID) after nine (9) months if you have completed the DEEP requirement; paid the BMV reinstatement fee ($50); filed proof of financial responsibility (SR-22) with the Secretary of State. There is an additional $50 fee paid to BMV when filing a Petition for Reinstatement with the IID. Your driving privileges would be restricted to the IID for 2 years. The Court ordered suspension of 3 years 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 Court ordered suspension will be consecutive to the 275-day administrative suspension previously imposed. The refusal suspension will delay your eligibility for the IID. To figure your eligibility for the IID you add the 6-month period to get a work license on a refusal suspension to the 9-month period for IID eligibility after the 2nd offense conviction. The total is 15 months.

SUSPENSION OF RIGHT TO REGISTER MOTOR VEHICLE - In addition to the 3-year suspension of your license the Court will also suspend your right to register your vehicle.

At least two OUI convictions, or administrative suspensions for failure to submit to a chemical test within a ten-year period.

FINE - Minimum fine of 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. Maximum for a Class C felony is Five Thousand Dollars ($5000.00).

JAIL - Minimum of Thirty (30) days to the county jail. A Class C felony carries a maximum sentence of 5 years. A 2-year period of Probation is also a sentencing alternative.

OR

- Minimum or Forty (40) days to the county jail if the person failed to submit to a chemical test.

SUSPENSION - Six (6) years - Court ordered license suspension. There is no work restricted status available, but the IID may be installed after 3 years of suspension if DEEP requirements are met; proof of insurance is filed (SR-22); and reinstatement fee ($50.00) is paid.

SUSENSION OF RIGHT TO REGISTER - The Court will also suspend the right to register a motor vehicle for the 6-year period.

Three or more OUI convictions, or refusal to submit to a chemical test within a ten-year period. This is a Class C felony offense.

FINE - Minimum fine of 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. Maximum fine of Five Thousand Dollars ($5000.00).

JAIL - Minimum of Six (6) months to the county jail. Maximum Five (5) years.

OR

- Minimum of Six (6) months and twenty (20) days to the county jail if the person failed to submit to a chemical test.

SUSPENSION - Eight (8) years - Court ordered suspension. There is no work restricted status available, but the IID may be installed after 4 years of suspension if DEEP requirements are met; proof of insurance is filed (SR-22); and reinstatement fee ($50.00) is paid.

SUSENSION OF RIGHT TO REGISTER - The Court will also suspend the right to register a motor vehicle for the 6-year period.