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What are Maine’s OUI Laws?

Maine OUI Laws.

 

Operating Under the Influence Laws in Maine.

Maine Law does not prohibit drinking alcohol and driving. Maine law prohibits operating a motor vehicle while under the influence of alcohol or drugs, which is defined as having your mental or physical facilities impaired, to the slightest degree, by alcohol, or other substances, such as marijuana. Maine law also prohibits operating a motor vehicle with a blood or breath alcohol level of 0.08 or greater. Maine’s OUI statute is 29-A MRSA §2411.

Information on Maine OUI Laws can be found on the Maine Department of Public Website.

  • §2411. Criminal OUI

    1. Offense.

    1-A. Offense. A person commits OUI if that person:

    A. Operates a motor vehicle:

    (1) While under the influence of intoxicants; or

    (2) While having an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath;

    B. Violates paragraph A and:

    (1) Has one previous OUI offense within a 10-year period;

    (2) Has 2 previous OUI offenses within a 10-year period; or

    (3) Has 3 or more previous OUI offenses within a 10-year period;

    C. Violates paragraph A, failed to submit to a test at the request of a law enforcement officer and:

    (1) Has no previous OUI offenses within a 10-year period;

    (2) Has one previous OUI offense within a 10-year period;

    (3) Has 2 previous OUI offenses within a 10-year period; or

    (4) Has 3 previous OUI offenses within a 10-year period; or

    D. Violates paragraph A, B or C and:

    (1) In fact causes serious bodily injury as defined in Title 17‑A, section 2, subsection 23 to another person;

    (1-A) In fact causes the death of another person; or

    (2) Has either a prior conviction for a Class B or Class C crime under this section or former Title 29, section 1312‑B or a prior criminal homicide conviction involving or resulting from the operation of a motor vehicle while under the influence of intoxicating liquor or drugs or with an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath. For purposes of this subparagraph, the 10-year limitation specified in section 2402 and Title 17‑A, section 9‑A, subsection 3 does not apply to the prior criminal homicide conviction or to a prior conviction for a Class B or Class C crime under this section or former Title 29, section 1312‑B. The convictions may have occurred at any time.

    2. Pleading and proof. The alternatives outlined in subsection 1‑A, paragraph A may be pleaded in the alternative. The State is not required to elect between the alternatives prior to submission to the fact finder. In a prosecution under subsection 1‑A, paragraph D, the State need not prove that the defendant's condition of being under the influence of intoxicants or having an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath caused the serious bodily injury or death alleged. The State must prove only that the defendant's operation caused the serious bodily injury or death. The court shall apply Title 17‑A, section 33 in assessing any causation under this section.

    4. Arrest. A law enforcement officer may arrest, without a warrant, a person the officer has probable cause to believe has operated a motor vehicle while under the influence of intoxicants if the arrest occurs within a period following the offense reasonably likely to result in the obtaining of probative evidence of an alcohol level or the presence of a drug or drug metabolite.

    5. Penalties. Except as otherwise provided in this section and section 2508, violation of this section is a Class D crime, which is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A. The following minimum penalties apply and may not be suspended:

    A. For a person having no previous OUI offenses within a 10-year period:

    (1) A fine of not less than $500, except that if the person failed to submit to a test, a fine of not less than $600;

    (2) A court-ordered suspension of a driver's license for a period of 150 days; and

    (3) A period of incarceration as follows:

    (a) Not less than 48 hours when the person:

    (i) Was tested as having an alcohol level of 0.15 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath;

    (ii) Was exceeding the speed limit by 30 miles per hour or more;

    (iii) Eluded or attempted to elude an officer; or

    (iv) Was operating with a passenger under 21 years of age; and

    (b) Not less than 96 hours when the person failed to submit to a test at the request of a law enforcement officer;

    B. For a person having one previous OUI offense within a 10-year period:

    (1) A fine of not less than $700, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $900;

    (2) A period of incarceration of not less than 7 days, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 12 days;

    (3) A court-ordered suspension of a driver's license for a period of 3 years; and

    (4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;

    C. For a person having 2 previous OUI offenses within a 10-year period, which is a Class C crime:

    (1) A fine of not less than $1,100, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $1,400;

    (2) A period of incarceration of not less than 30 days, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 40 days;

    (3) A court-ordered suspension of a driver's license for a period of 6 years; and

    (4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;

    D. For a person having 3 or more previous OUI offenses within a 10-year period, which is a Class C crime:

    (1) A fine of not less than $2,100, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $2,500;

    (2) A period of incarceration of not less than 6 months, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 6 months and 20 days;

    (3) A court-ordered suspension of a driver's license for a period of 8 years; and

    (4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;

    D-1. A violation of subsection 1‑A, paragraph D, subparagraph (1) is a Class C crime, which is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A. The sentence must include a period of incarceration of not less than 6 months, a fine of not less than $2,100 and a court-ordered suspension of a driver's license for a period of 6 years. These penalties may not be suspended;

    D-2. A violation of subsection 1‑A, paragraph D, subparagraph (1‑A) or (2) is a Class B crime, which is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A. The sentence must include a period of incarceration of not less than 6 months, a fine of not less than $2,100 and a court-ordered suspension of a driver's license for a period of 10 years. These penalties may not be suspended;

    E. If a law enforcement officer failed to provide the warnings required by section 2521, subsection 3, the increase in minimum penalties required because of a refusal to submit to a test is not mandatory;

    F. For a person sentenced under paragraph B, C or D, the court shall order the defendant to participate in the alcohol and other drug program of the Department of Health and Human Services. The court may waive the program pursuant to Title 5, section 20073‑B, if the court finds that the defendant has completed an alcohol or other drug treatment program subsequent to the date of the offense; and

    G. The court shall order an additional period of license suspension of 275 days for a person sentenced under paragraph A, B, C, D, D‑1 or D‑2 if the person was operating the motor vehicle at the time of the offense with a passenger under 21 years of age.

    5-A. Notice and custody. The court shall give notice of a license suspension and shall take physical custody of the driver's license, except when the defendant demonstrates that the defendant's license was previously restored by the Secretary of State following an administrative suspension under section 2453 or 2453‑A for operating under the influence based on the same facts and circumstances giving rise to the court-ordered suspension.

    5-B. Additional period of suspension. The Secretary of State may impose an additional period of suspension under section 2451, subsection 3 or may extend a period of suspension until satisfaction of any conditions imposed pursuant to chapter 23, subchapter III, article 4.

    6. Aggravated punishment category.

    7. Surcharge. A surcharge must be charged for a conviction under this section. The surcharge is $30, except that, when the person operated or attempted to operate a motor vehicle while under the influence of drugs or a combination of liquor and drugs, the surcharge is $125. For the purposes of collection procedures, the surcharge is considered a fine. Notwithstanding section 2602, this surcharge accrues to the Highway Fund for the purpose of covering the costs associated with the administration and analysis of alcohol level tests.

    8. Juvenile crime. References in this Title to this section include the juvenile crime in Title 15, section 3103, subsection 1, paragraph F, and the disposition, including a suspension, for that juvenile crime in Title 15, section 3314, subsection 3, except as otherwise provided or except where the context clearly requires otherwise.

What are the penalties for OUI in Maine?

The following penalties apply to convictions for operating under the influence convictions in Maine.

  • 1st Offense: 1-year maximum penalty and fine of $500 to $2,000, License Suspension 150 days; (there is a mandatory minimum jail sentence of 48 hours minimum for a BAC test of 0.15 or higher, or if a passenger under 21 was in the vheicle; and a 96 hours minimum sentence if the chemical test was refused);

  • 2nd Offense: Mandatory minimum 7 days in jail and up to 1 year (12 days minimum for unlawful BAC test refusal), Fine $700 to $2,000 ($900 minimum for unlawful BAC test refusal), License Suspension 3 years;

  • 3rd Offense (class C felony): 30 days in jail to 5 years (40 days minimum for unlawful BAC test refusal), Fine $1,100 to $5,000 ($1,400 minimum for unlawful BAC test refusal), License Suspension 6 years;

29-A MRSA §2411.

Generally, only prior OUI convictions within the last ten years count to enhance a current OUI charge and potential penalties; however, a prior felony OUI conviction will enhance a new OUI charge to an aggravated OUI felony no matter how much time has passed since the prior conviction.

First-offense enhancements. A first-offense OUI requires a mandatory 48 hours in jail if the driver had a BAC of .15% or more, or had a passenger under the age of 21.

Enhancements for injuries and fatalities. An OUI that involves serious bodily injury or death will result in increased penalties. An injury OUI is a class C crime, which carries six months to five years in jail, $2,100 to $5,000 in fines, and a six-year driver’s license suspension. A fatality OUI is a class B crime and will result in six months to ten years in jail, $2,100 to $20,000 in fines, and a ten-year driver’s license suspension. A fatality or injury OUI conviction stays on a driver’s record forever and will increase the penalties for future OUI convictions.

Is someone convicted of OUI in Maine eligible for a restricted license?

Drivers who have their license suspended for an OUI offense are generally eligible for early reinstatement and a restricted license. To obtain a restricted license, the driver must install an ignition interlock device (IID), petition to the Secretary of State for reinstatement, and complete the following requirements:

  • First offense. For a first offense, the driver must complete 30 days of the suspension and maintain an IID for the remainder of the original suspension period.

  • Second offense. For a second offense, the driver must complete nine months of the suspension and maintain an IID for two years.

  • Third offense. For a third offense, the driver must complete three years of the suspension and maintain an IID for three years.

  • A work-related hardship license may also be available for a first-offense OUI-related administrative suspensions. A work-restricted license is not immediately available on a court imposed OUI suspension.

Mandatory counseling (D.E.E.P.) is required to reinstate a driver’s license after an OUI suspension has been imposed.

Underage OUI: Drivers who are under the age of 21 are prohibited from having any measurable amount of alcohol in their system while operating a vehicle. A violation carries a one-year suspension for a first offense and a two-year suspension for a second offense. Underage offenders who were transporting at least one passenger under the age of 21 at the time of the offense will receive an additional 275 days of suspension time. These suspensions are separate from any consequences that might result from an underage driver being found guilty of an OUI as defined above.

Commercial driver licenses (CDL) are suspended for one year for a first offense OUI conviction, and a lifetime revocations for a second offense OUI conviction.

The Maine Bureau of Motor Vehicles has the statutory authority to impose an administrative license suspension on a person charged with operating under the influence. The administrative suspension will match the suspension period authorized under the criminal statutes for convictions, except if there is an allegation of refusing the chemical test, in which case the BMV will issue a separate suspension period that would run consecutive to any court imposed suspension. A driver has the right to petition the BMV for an administrative hearing on the notice of suspension. At the hearing the State would need to prove by a preponderance of the evidence a person was operating a motor vehicle while under the influence with a breath or blood alcohol level of 0.08 or higher, or that the person refused a chemical test.

OUI CONVICTIONS OUTSIDE THE STATE OF MAINE

Maine, like many other states, has joined two interstate agreements to enforce driving rules and keep records of infractions. In Maine, drivers are subject to agreements between several states in the following compacts: The Driver License Compact (DLC) and Non-Resident Violators Compact (NRVC). States in the DLC share infraction records and enforce interstate license suspensions. So, if you are vacationing in Mobile and get a speeding ticket or DUI, Alabama DMV will pass the information on to regulatory authorities in Florida.

The following states did not sign the agreement, making them non-compact states: Georgia, Massachusetts, Michigan, Tennessee, Wisconsin. Just because these states do not belong to the DLC doesn’t mean OUIs in any of those states are irrelevant. All these states choose to share convictions and citation records with other states at their discretion.

The NRVC is an agreement between states that shares traffic infraction information between the states that joined the compact. The purpose of the NRVC is to enforce infractions committed by out-of-state drivers. So, if you are arrested for a driving infraction in another State and do not appear for your court date, that State will alert Maine asking the BMV in Maine to suspend your license. Not every state joined the NRVC compact agreement. The following states did not participate in the NRVC: Alaska, California, Montana, Michigan, Oregon, Wisconsin. As with the DLC, these states often send infractions to the home state.