Maine · OUI
Maine OUI laws and penalties
Maine's legal BAC limit is 0.08%. For a first offense, Maine's statute provides jail of less than 1 year, a fine of $500 to $2,000, and a license suspension of 150 days. The license hearing, the ignition interlock rule and the statute behind every figure are below.
In Maine the offense is called OUI (operating under the influence). It is the offense most states call DUI.
Figures read from official pages on .
Maine OUI laws at a glance
- Legal BAC limit
- 0.08%
- Standard US limit
- Enhanced penalty BAC
- 0.15%
- Where the penalties step up
- Zero tolerance (under 21)
- 0.00%
- Any trace may result in OUI
- Lookback period
- 10 years
- Prior OUI offenses that count
License hearing: ask within 10 days
In writing within 10 days of the effective date of the suspension; a timely request stays the suspension. Count the days with the license-hearing window calculator.Higher BAC level. A first offender tested at 0.15 or more serves at least 48 hours in jail, which cannot be suspended.
Ignition interlock. A condition of early reinstatement (after 30 days of the 150-day suspension for a first offense).
01Penalties
Maine OUI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | None | 7 days |
| Jail (maximum) | Less than 1 year | Less than 1 year |
| Fine (minimum) | $500 | $700 |
| Fine (maximum) | $2,000 | $2,000 |
| License suspension | 150 days | 3 years |
Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.
02Compare
How Maine compares
Of the 49 states with a confirmed BAC limit, 48 (Maine among them) use 0.08%; Utah has 0.05%.
On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Maine requires one in some cases.
The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Maine gives 10.
Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.
03The process
How an OUI case moves through the system in Maine
Arrest and booking
Police arrest a driver on suspicion of OUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
In writing within 10 days of the effective date of the suspension; a timely request stays the suspension.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Maine's statute provides jail of less than 1 year, a fine of $500 to $2,000, and a license suspension of 150 days. See the penalties table above.
04Sources
Where Maine's figures come from
- 29-A M.R.S. § 2411(1-A) (legislature.maine.gov)Main statute · BAC limit, age 21 and over · Higher BAC level · First offense: jail, minimum · First offense: fine, minimum · First offense: license · Second offense: jail, minimum · Second offense: fine, minimum · Second offense: license
- 29-A M.R.S. § 2472(1) (legislature.maine.gov)BAC limit under 21
- 29-A M.R.S. § 2402; § 2411(5) (legislature.maine.gov)Lookback period
- 29-A M.R.S. § 2483(1) (legislature.maine.gov)License hearing request
- 29-A M.R.S. § 2508(1)(A-1) (legislature.maine.gov)Ignition interlock, first offense
- 17-A M.R.S. § 1604(1)(D); 29-A M.R.S. § 2411(5) (legislature.maine.gov)First offense: jail, maximum · Second offense: jail, maximum
- 17-A M.R.S. § 1704(4); 29-A M.R.S. § 2411(5) (legislature.maine.gov)First offense: fine, maximum · Second offense: fine, maximum
Show the exact words behind each figureHide the exact words
- Main statute
29-A M.R.S. § 2411
29-A M.R.S. § 2411(1-A)
A person commits OUI if that person:
- BAC limit, age 21 and over
0.08%
29-A M.R.S. § 2411(1-A)(A)(2)
While having an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath
- Higher BAC level
0.15%
29-A M.R.S. § 2411(5)(A)(3)(a)(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;
- BAC limit under 21
0.00%
29-A M.R.S. § 2472(1)
A license of a person who has not yet attained 21 years of age includes the condition that the person not operate a motor vehicle with an alcohol level of more than 0.00 grams per 100 milliliters of blood or 210 liters of breath.
- Lookback period
10 years
29-A M.R.S. § 2402; § 2411(5)
For purposes of this chapter, a prior conviction or action has occurred within the 10-year period if the date of the action or the date the sentence is imposed is 10 years or less from the date of the new conduct.
- License hearing request
10 days
29-A M.R.S. § 2483(1)
A person may make a written request for a hearing to review the determination of the Secretary of State. The request must be made within 10 days from the effective date of the suspension.
- Ignition interlock, first offense
Required in some cases
29-A M.R.S. § 2508(1)(A-1)
The license of a person with one OUI offense may be reinstated after 30 days of the suspension period has been served if the person has installed for the length of time remaining for the suspension an ignition interlock device approved by the Secretary of State in the motor vehicle the person operates.
- First offense: jail, minimum
None
29-A M.R.S. § 2411(5)(A)(3)
A. For a person having no previous OUI offenses within a 10-year period: ... (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 ... (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;
- First offense: jail, maximum
Less than 1 year
17-A M.R.S. § 1604(1)(D); 29-A M.R.S. § 2411(5)
In the case of a Class D crime, less than one year; or
- First offense: fine, minimum
$500
29-A M.R.S. § 2411(5)(A)(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;
- First offense: fine, maximum
$2,000
17-A M.R.S. § 1704(4); 29-A M.R.S. § 2411(5)
In the case of a Class D crime, $2,000; and
- First offense: license
150 days
29-A M.R.S. § 2411(5)(A)(2); § 2451(3)(A)
A court-ordered suspension of a driver's license for a period of 150 days; and
- Second offense: jail, minimum
7 days
29-A M.R.S. § 2411(5)(B)(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;
- Second offense: jail, maximum
Less than 1 year
17-A M.R.S. § 1604(1)(D); 29-A M.R.S. § 2411(5)(B)
In the case of a Class D crime, less than one year; or
- Second offense: fine, minimum
$700
29-A M.R.S. § 2411(5)(B)(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;
- Second offense: fine, maximum
$2,000
17-A M.R.S. § 1704(4); 29-A M.R.S. § 2411(5)(B)
In the case of a Class D crime, $2,000; and
- Second offense: license
3 years
29-A M.R.S. § 2411(5)(B)(3); § 2451(3)(B)
A court-ordered suspension of a driver's license for a period of 3 years; and
05Related
Related pages
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.