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Maine OUI Laws & Penalties

Per Maine OUI law title 29-A §2411 it is unlawful for any person to operate a motor vehicle while under the influence of alcohol, drugs or an intoxicant with a blood alcohol concentration of .08% or greater.  It is not necessary for a person stopped on suspicion of OUI to show signs of impairment, if that person's BAC level is .08% or greater they are in violation of Maine's 'per se' law and will be arrested for driving under the influence.

A person may still be arrested and charged with driving under the influence even if their blood alcohol concentration is less than .08% just by displaying signs or behavior consistent with impairment or by failing any part of the field sobriety tests (if submitted to).

Maine CDL OUI

A person operating a commercial motor vehicle in the state of Maine while under the influence of alcohol, drugs or an intoxicant with a blood alcohol concentration of .04% or greater or failing to submit to a chemical test will be arrested for OUI.  If this was a first offense violation within the past 10 years your CDL will be suspended for 1-year.

If you were carrying hazardous materials at the time, your CDL will be suspended for 3-years.  A second offense violation will result in a permanent CDL revocation, you will never be able to drive or operate a CMV again.  A CMV operator stopped and found to have any measurable amount of alcohol less than .04% in their system will be issued an "out-of-service" notice and will not be allowed to drive for the next 24-hours.

Maine First Offense OUI Under 21 Years of Age

Maine has a "zero tolerance" law when it comes to under age drinking and driving, meaning that a person who is under 21 years of age and is stopped for any reason and found to have any measurable amount of alcohol in their system is in violation of Maine's "zero tolerance" law.

A first time offender who submitted to a chemical test and had a BAC of less than .079% will have their license suspended for 1-year.  An additional 180 days will be added to the suspension period if a passenger under 21 years of age was in the vehicle at the time. First time offenders who submitted to a chemical test are eligible for a work restriction license immediately and may have their license full restored after 6-months of the suspension has lapsed and they have completed DEEP requirements.  Proof of financial responsibility in the form of an sr22 filing with the Maine BMV will be required for a license to be reinstated.

A first time offender who refuses a chemical test will have their license suspended for 18-months.  An additional 180 days will be added to the suspension period of there was a passenger under 21 years of age in the vehicle at the time.  A first time offender who refuses a chemical test is not eligible for a work restriction license and is subject to the full 18-month suspension period.

A first time offender who's BAC was .08% or greater will have their license suspended for 1-year and will be eligible for a work restricted license after 6-months of the suspension period has lapsed.  An additional 180 days will be added to the suspension period if a passenger under 21 years of age was in the vehicle at the time.  First time offender's who's BAC was .08% or greater will also have to pay $400 in fines and complete DEEP requirements.  Proof of financial responsibility in the form of Maine SR22 insurance will also have to be filed with the Maine BMV will be required for a license to be reinstated.

Maine Second Offense OUI Under 21 Years of Age

A second time offender who submitted to a chemical test and had a BAC of less than .079% will have their license suspended for 2-years.  An additional 180 days will be added to the suspension period if a passenger under 21 years of age was in the vehicle at the time.  Second time offender's who submitted to a chemical test are eligible for a work restriction license immediately and may have their license full restored after 1-year of the suspension has lapsed and they have completed DEEP requirements.  Proof of financial responsibility in the form of an sr22 filing with the Maine BMV will be required for a license to be reinstated.

A second time offender who refuses a chemical test will have their license suspended for 30-months.  An additional 180 days will be added to the suspension period if there was a passenger under 21 years of age in the vehicle at the time.  A second time offender who refuses a chemical test is not eligible for a work restriction license and is subject to the full 30-month suspension period.

A second time offender who's BAC was .08% or greater will have their license suspended for 2-years and will be eligible for a work restricted license after 1-year of the suspension period has lapsed.  An additional 180 days will be added to the suspension period if a passenger under 21 years of age was in the vehicle at the time.  Second time offender's who's BAC was .08% or greater will also have to pay $600 in fines, complete DEEP requirements and may be subject to 7 days in jail.  Proof of financial responsibility in the form of SR22 insurance will also have to be filed with the Maine BMV will be required for a license to be reinstated.

Maine Third Offense OUI Under 21 Years of Age

A third time offender who submitted to a chemical test and had a BAC of less than .079% will have their license suspended for 2-years.  An additional 180 days will be added to the suspension period if a passenger under 21 years of age was in the vehicle at the time. Third time offender's who submitted to a chemical test are eligible for a work restriction license immediately and may have their license full restored after 1-year of the suspension has lapsed and they have completed DEEP requirements.  Proof of financial responsibility in the form of an sr22 filing with the Maine BMV will be required for a license to be reinstated.

A third time offender who refuses a chemical test will have their license suspended for 30-months.  An additional 180 days will be added to the suspension period if there was a passenger under 21 years of age in the vehicle at the time.  A third time offender who refuses a chemical test is not eligible for a work restriction license and is subject to the full 30-month suspension period.

A third time offender who's BAC was .08% or greater will have their license suspended for 4-years and will be eligible for a work restricted license after 2-years of the suspension period has lapsed.  An additional 180 days will be added to the suspension period if a passenger under 21 years of age was in the vehicle at the time.  Third time offender's who's BAC was .08% or greater will also have to pay $1,000 in fines, complete DEEP requirements and may be subject to 30 days in jail.  Proof of financial responsibility in the form of Maine SR22 filing will also have to be filed with the Maine BMV will be required for a license to be reinstated.

Maine Administrative Hearing Process

You must request an administrative hearing within 10 days of your arrest if you wish to retain your driving privileges.  Failure to request a hearing in the allotted time will result in the suspension of your license being upheld.

The administrative hearing officer will review all of the evidence and report provided by the arresting officer to verify that the officer followed the proper procedures during the stop and established probable cause before initiating an arrest.  The hearing officer will then hear testimony from the arresting officer under oath.

The administrative hearing officer will then review the evidence presented in your defense by your lawyer and will hear testimony from you and your lawyer, plus any witnesses that were subpoenaed.  After reviewing all of the evidence and hearing testimony from all parties, the hearing officer will make their decision to either uphold the suspension or rule in your favor and reinstate your license.

If you hope to have any chance of retaining your driving privileges and not have your license suspended, you must request an administrative hearing and hire a skilled Maine OUI lawyer who has experience when it comes to representing clients at administrative hearings.

Obtaining a Maine Restricted License

If the hearing officer does not rule in your favor and reinstate your license, you may be eligible for a restricted license through the Secretary of State's office if you meet the following requirements:

  1. You are a first time OUI offender.
  2. At least two thirds of your suspension period has been completed.
  3. The Secretary of State has received a notice of completion of a alcohol and drug program.

If you are granted a restricted license, it will allow you to travel between home and work and to any court required treatment program.  Any other acceptable destinations will be determined by the Secretary of State.  Before being issued a restricted license you will be required to show proof financial responsibility in the form of a Maine SR22 insurance policy.

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Maine First Offense OUI

A Maine first offense OUI is a misdemeanor offense if there are no previous OUI offenses within the last 10-years.  A first offense OUI charge carries the following penalties:

Jail time:  Failure to submit to a chemical test will result in a minimum of 96 hours in jail.  If your BAC was .15% or greater, you were exceeding 30 mph over the posted speed limit, attempted to elude the police or had a passenger under the age of 21 in the vehicle at the time of the arrest you will have to spend a mandatory minimum of 48-hours in jail.

Fines:  If you submitted to a chemical test, you will have to pay fines of at least $500 plus court costs.  If you refused or failed to complete a chemical test, you will have to pay fines of at least $600 plus court costs.

License Suspension:  Your license will be suspended for a minimum of 90 days for a first offense OUI charge.  If a passenger under the age of 21 was in the vehicle at the time, your license will be suspended for 1-year.

A first time offender may be eligible for a work restricted license after 2/3 of the suspension period has lapsed and DEEP requirements have been met. Before the Maine BMV will reinstate your license or issue you a work restricted license you will be required to file proof of financial responsibility in the form of a Maine SR22 insurance policy with them.

Maine Second Offense OUI

A Maine second offense OUI is a misdemeanor offense if there is no more than one previous OUI offense within the last 10-years.  A second offense OUI charge carries the following penalties:

Jail time:  Failure to submit to a chemical test will result in a minimum of 12 days in jail. If you submitted to a chemical test the minimum jail sentence is 7 days.

Fines:  If you submitted to a chemical test, you will have to pay fines of at least $700 plus court costs.  If you refused or failed to complete a chemical test, you will have to pay fines of at least $900 plus court costs.

License Suspension:  Your license will be suspended for 3-years for a second offense OUI charge.  If a passenger under the age of 21 was in the vehicle at the time, your license will be suspended for an additional 275 days.

A second time offender may be eligible for a work restricted license if you meet the requirements for one.  Before the Maine BMV will reinstate your license or issue you a work restricted license you will be required to file proof of financial responsibility in the form of a Maine SR22 filing policy with them.

Maine Third Offense OUI

A Maine third offense OUI is a Class C crime if there have been 2 previous OUI offenses within the last 10-years.  A third offense OUI charge carries the following penalties:

Jail time:  Failure to submit to a chemical test will result in a minimum of 40 days in jail. If you submit to a chemical test the minimum jail sentence is 30 days.

Fines:  If you submitted to a chemical test, you will have to pay fines of at least $1,100 plus court costs.  If you refused or failed to complete a chemical test, you will have to pay fines of at least $1,400 plus court costs.

License Suspension:  Your license will be suspended for 6-years for a third offense OUI charge.  If a passenger under the age of 21 was in the vehicle at the time, your license will be suspended for an additional 275 days.

A third time offender may be eligible for a work restricted license if you meet the requirements for one.  Before the Maine BMV will reinstate your license or issue you a work restricted license you will be required to file proof of financial responsibility in the form of a SR22 insurance policy with them.

Maine Fourth or Subsequent Offense OUI

A Maine fourth or subsequent offense OUI is a Class C crime if there have been 3 previous OUI offenses within the last 10-years.  A fourth or subsequent offense OUI charge carries the following penalties:

Jail time:  Failure to submit to a chemical test will result in a minimum of 6-months and 20 days in jail. If you submit to a chemical test the minimum jail sentence is 6-months.

Fines:  If you submitted to a chemical test, you will have to pay fines of at least $2,100 plus court costs.  If you refused or failed to complete a chemical test, you will have to pay fines of at least $2,500 plus court costs.

License Suspension:  Your license will be suspended for 6-years for a fourth or subsequent offense OUI charge.  If a passenger under the age of 21 was in the vehicle at the time, your license will be suspended for an additional 275 days.

A fourth or subsequent time offender may be eligible for a work restricted license if you meet the requirements for one.  Before the Maine BMV will reinstate your license or issue you a work restricted license you will be required to file proof of financial responsibility in the form of a Maine SR22 insurance policy with them.

Maine SR22 Requirements

Before the Maine BMV will reinstate your license following your suspension period or before issuing you a restricted license, they will require you to file an SR22 form with them before issuing you a new license. You will be required to carry your SR22 insurance for a period of 3-years.

At anytime during this 3-year period if there is a lapse in your Maine SR22 insurance coverage, your insurance provider is obligated by law to immediately inform the Maine BMV of the lapse.  If a lapse in coverage occurs, the Maine BMV will immediately suspended your license and you will be required to re-file an SR22 form with the BMV before they will issue you another license.

Since you are going to have to have your SR22 insurance for a period of 3-years, it is important to find the cheapest policy you can before choosing one.  DUI Process has partnered with the largest and most trusted SR22 insurance provider in the state of Maine and has worked out a special discount only available here for our website visitors.

You won't be able to find a SR22 insurance policy in Maine for any less. Type in your zip code below so we can provide you with the cheapest rates in your area.

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Other Maine OUI Resources

  • Maine First Offense OUI - First offense information including penalties, fines, potential jail time, license suspension, DEEP classes, and much more.

  • Maine SR22 Insurance Filing - We have compiled everything you need to know about Maine's SR22 insurance and filing requirements including important addresses, phone numbers, etc.

  • Maine DEEP driver education evaluation program - We offer a complete listing of state approved DEEP programs listed by County.

  • Maine Bail Bondsmen - Comprehensive list of Maine bail bond agents including address, phone, website, etc.

  • Maine OUI Courts - Comprehensive list of Maine's criminal courts listed by County.

  • Jails in Maine - Comprehensive list of Maine's jails and contact information.