OUI Penalities in Maine
First OUI Offense In 10 Years
- This is a Class D (misdemeanor) crime, carrying a minimum mandatory $500.00 fine and 90-day suspension of right to drive a motor vehicle in Maine.
- The following aggravating factors also require imposition of a jail term of at least 48 hours : (1) an alcohol test result of .15% or more; (2) speed 30 or more miles per hour over the limit; (3) eluding or attempting to elude a police officer; and (4) operating with a passenger under age 21.
- Failure or refusal to complete a test for alcohol level or drugs increases the mandatory minimum fine to $600.00 and the mandatory minimum jail sentence to 96 hours.
Second Offense In 10 years
- This is a Class D (misdemeanor) crime, carrying mandatory minimum penalties of a $700.00 fine, 7 days in jail, a 3-year suspension of the right to drive, and a suspension of the right to register motor vehicles in Maine.
- Failure or refusal to complete a test for alcohol level or drugs increases the mandatory minimum fine to $900.00 and the mandatory minimum jail sentence to 12 days.
Third Offense In 10 years
- This is a Class C (felony) crime, punishable by up to 5 years in prison, 2 years of probation and a $5,000.00 maximum fine, carrying mandatory minimums of a $1,100.00 fine, 30 days in jail, a 6-year suspension of the right to drive, and a suspension of the right to register motor vehicles in Maine.
- Failure or refusal to complete a test for alcohol or drugs increases the mandatory minimum fine to $1,400.00 and the mandatory minimum jail sentence to 40 days.
Fourth or Subsequent Offense In 10 years
- This is a Class C (felony) crime, carrying mandatory minimums of a $2,100.00 fine, 6 months in jail and a 6-year suspension of the right to drive, and a suspension of the right to register motor vehicles in Maine.
- Failure or refusal to complete a test for alcohol or drugs increases the mandatory minimum fine to $2,500.00 and the mandatory minimum jail sentence to 6 months and 20 days.
Additional Aggravating Factor, Passenger Under Age 21
- Having a passenger under age 21 while operating under the influence adds an extra 275-day license suspension.
OUI Involving Causation of Serious Bodily Injury
- OUI involving serious bodily injury to another is a Class C crime. The crime carries mandatory penalties of at least 6 months in jail, at least a $2,100.00 fine and a 6-year suspension of the right to drive motor vehicles in Maine. The maximum penalties are 5 years in prison, a $5,000.00 fine and 2 years of probation.
OUI Involving Causation of Death and OUI Committed After Conviction of Manslaughter Or Class C OUI
- OUI involving death and an OUI committed after the offender was previously convicted of vehicular manslaughter or Class C OUI are Class B offenses, carrying mandatory penalties of at least 6 months in jail, at least a $2,100.00 fine and a 10-year suspension of the right to drive motor vehicles in Maine. The maximum penalties are 10 years in prison, a $20,000 fine and 3 years of probation.
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