Penalties for Drunk Driving (OUI) in Maine: Comprehensive Guide

Updated – Revised August 2025

Operating Under the Influence (OUI) Defined

In Maine, driving while impaired is referred to as Operating Under the Influence (OUI). A driver may face an OUI charge if operating with a BAC of 0.08% or more, or with any level of impairment evident—“mental or physical faculties… impaired however slightly.”

Dual Proceedings: Criminal & Administrative

An OUI arrest in Maine triggers two separate processes:

1. Criminal Court Prosecution — Involves the formal criminal justice system with all constitutional rights.

2. Maine Bureau of Motor Vehicles (BMV) Administrative Suspension — Often starts before court hearings begin. Subject to administrative rules and fewer rights.

Criminal Penalties by Offense Level

Penalties escalate with each offense and depend on circumstances like refusal to test or other aggravating factors:

First Offense (Class D)

• Max Penalty: Up to 364 days jail; $2,000 fine

• Minimums:

  • No aggravating factors: $500 fine, 150-day license suspension

  • With aggravating factors (e.g., BAC ≥ .15, speeding 30+ mph, passenger < 21): 48 hours jail

  • Chemical test refusal: Additional 96 hours jail + $600 fine

Second Offense (Class D)

• Max Penalty: Up to 364 days jail; $2,000 fine

• Minimum: 7 days jail, $700 fine, 3-year license suspension

• With refusal: 12 days jail, $900 fine

Third Offense (Class C)

• Minimum: 30 days jail, $1,100 fine, 6-year license suspension

• With refusal: 40 days jail, $1,400 fine

Fourth & Subsequent Offenses (Class C)

• Minimum: 6 months jail, $2,100 fine, 8-year license suspension

• With refusal: 6 months + 20 days jail, $2,500 fine

Additional Aggravating Situations

• Causing serious bodily injury → Class C charges, min. 6 months jail, $2,100 fine, 6-year suspension.

• Causing a death or having a prior felony-OUI → Class B charges, min. 6 months jail, $2,100 fine, 10-year suspension.

• Passenger under 21 → Court shall impose an additional 275-day license suspension.

Administrative License Suspension by Maine BMV

Beyond criminal court penalties, the BMV enacts license suspensions:

Excessive Alcohol Level (BAC ≥ 0.08%)

• First Offense: 150-day suspension

• Second: 3 years

• Third: 6 years

• Fourth+: 8 years

These run concurrently with court-imposed suspensions and may be temporarily stayed if a hearing is requested.

Chemical Test Refusal

• First Refusal: 275-day suspension

• Second: 18 months

• Third: 4 years

• Fourth+: 6 years

Refusal suspensions run consecutively with court-imposed suspensions, leading to significantly longer loss of driving privileges

Why This Matters

• Combined Suspensions: A first offense with refusal could result in 425 days off the road (150 + 275)

• Implied Consent Law: Refusal penalties are severe and may be used as evidence in criminal trials

Practical Tips Following an OUI Arrest

1. Do not delay — contact an experienced Maine OUI attorney right away.

2. Prepare for dual proceedings: one in court, another with the BMV.

3. A refusal carries its own independent, serious consequences—both administratively and criminally.

Note: This update is for informational purposes and does not offer legal advice. If you’re facing an OUI charge, it’s critical to consult a qualified attorney who can navigate both the criminal and administrative processes.