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First OUI Offense In 10 Years

  • This is a Class D (misdemeanor) crime, carrying a minimum mandatory $500.00 fine and, for conduct committed  on or after December 1, 2013, a license suspension of 150 days with the chance to become reinstated early with an installed ignition interlock device.   Early reinstatement with an ignition interlock device is available (provided all other reinstatement conditions have been met) after the person has served 30 days of the suspension term.   Whether for a first or subsequent offense, to be reinstated early with an installed ignition interlock device, the person must first have met all DEEP requirements, must have paid his or her reinstatement fee, and must have paid a $50.00 administrative fee in addition to the reinstatement fee.   Early reinstatement with an ignition interlock device is available on a first offense non-refusal administrative suspension and on a suspension for conviction of OUI.  However, to become eligible for early, ignition interlock reinstatement on a first offense administrative suspension, the person must first serve 30 days of the suspension term off the road.  If the person elects to apply for a work-restricted license on the first offense administrative suspension, none of the time served on a work-restricted license will count toward the 30 days that must be served before the person becomes eligible for ignition interlock reinstatement.  The interplay between  administrative suspensions, court-ordered suspensions, work-restricted licenses on administrative suspensions, and ignition interlock reinstatement on administrative and court suspensions is complicated.  Effectively navigating that complexity requires a careful assessment of each person’s individual circumstances.
  • 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 operate motor vehicles and a suspension of the right to register motor vehicles in Maine.   Early reinstatement with an installed ignition interlock device is available after the person has served 9 months of the suspension term.
  • 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.    Early reinstatement is available with an installed ignition interlock device after 3 years of the suspension term has been served.
  • 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 suspension of the right to register motor vehicles in Maine.   For conduct committed before October 9, 2013, the license suspension for this offense was 6 years.  For conduct committed on or after October 9, 2013, the license suspension is 8 years with a chance to become reinstated after 4 years with an installed ignition interlock device.   Those who were previously suspended for 6 years for this offense (under the law applicable prior to October 9, 2013) are eligible for early reinstatement with an installed ignition interlock device after they have served 4 years of the suspension term, on condition that the device must remain installed for the balance of the 6-year suspension term.
  •  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.    A person is eligible for early reinstatement with an installed ignition interlock device after 3 years of the suspension term has been served.  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 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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