Maine · OUI · Checked October 2026

OUI Laws in Maine

What Happens if You Get an OUI in Maine?

Maine calls it OUI, and the legal limit for adult drivers is 0.08 blood alcohol content.

License hearing deadline: 10 days to challenge your license suspension
First offense jail: No mandatory jail unless an aggravating factor applies: at least 48 hours for a test result of 0.15 or more, speeding 30 mph or more over the limit, eluding an officer, or a passenger under 21; at least 96 hours for refusing a test; maximum less than one year (Class D)
First offense fine: At least $500 ($600 if you refused a test), up to $2,000
First offense license: 150 days (court-ordered); add 275 days if a passenger under 21 was in the vehicle
Felony: Maine grades crimes by class rather than felony and misdemeanor. OUI becomes a Class C crime (up to 5 years) with 2 or more previous OUI offenses within 10 years, or when it causes serious bodily injury; it is a Class B crime (up to 10 years) when it causes death or the person has a prior Class B or C OUI conviction

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

Maine OUI Laws: Key Facts

Legal limit (adults): 0.08 BAC29-A M.R.S. § 2411(1-A)(A), (5)(A)(3)(a)(i); § 2472(1); § 2523(1)
Commercial drivers (CDL): 0.04 BAC
Drivers under 21: 0 BAC (drivers under 21 may not operate with an alcohol level of more than 0.00 grams per 100 milliliters of blood or 210 liters of breath)
Enhanced penalties from: 0.15 BAC
Lookback period: 10 years
Insurance filing: SR-22, required before reinstatement after an OUI conviction with a prior OUI conviction within 10 years; proof must then be maintained for at least 3 years

Maine OUI Penalties by Offense

OUI penalties in Maine for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Charge	Class D crime (strict liability)	Class D crime (strict liability)	Class C crime (strict liability)
Jail	no mandatory jail unless an aggravating factor applies: at least 48 hours for a test result of 0.15 or more, speeding 30 mph or more over the limit, eluding an officer, or a passenger under 21; at least 96 hours for refusing a test; maximum less than one year (Class D)	at least 7 days (12 days if you refused a test), maximum less than one year (Class D)	at least 30 days (40 days if you refused a test), up to 5 years (Class C)
Fine	at least $500 ($600 if you refused a test), up to $2,000	at least $700 ($900 if you refused a test), up to $2,000	at least $1,100 ($1,400 if you refused a test), up to $5,000
License suspension	150 days (court-ordered); add 275 days if a passenger under 21 was in the vehicle	3 years (court-ordered); add 275 days if a passenger under 21 was in the vehicle	6 years (court-ordered); add 275 days if a passenger under 21 was in the vehicle
Ignition interlock	optional: license may be reinstated after 30 days of the suspension with an approved ignition interlock for the rest of the suspension	optional: license may be reinstated after 9 months of the suspension with an approved ignition interlock for the rest of the suspension	optional: license may be reinstated after 3 years of the suspension with an approved ignition interlock for the rest of the suspension

First offense: 29-A M.R.S. § 2411(5)(A), (5)(G), (7); § 2508(1)(A-1); 17-A M.R.S. §§ 1604(1), 1704 · Second offense: 29-A M.R.S. § 2411(5)(B), (5)(F); § 2508(1)(A); § 1603(2); 17-A M.R.S. §§ 1604(1), 1704 · Third offense: 29-A M.R.S. § 2411(5)(C), (5)(D); § 2508(1)(B); 17-A M.R.S. §§ 1604(1), 1704

When Penalties Are Higher

first offense with a test result of 0.15 or more, speeding 30 mph or more over the limit, eluding an officer, or a passenger under 21: at least 48 hours in jail29-A M.R.S. § 2411(5)(A)(3)(a)
refusing a chemical test (with the required warnings given): higher mandatory minimum fine and jail at every offense level (first offense: at least 96 hours and $600)29-A M.R.S. § 2411(5)(A)-(E)
passenger under 21 in the vehicle: additional 275-day license suspension29-A M.R.S. § 2411(5)(G)
OUI causing serious bodily injury to another person: Class C crime: at least 6 months jail, at least $2,100 fine, 6-year suspension29-A M.R.S. § 2411(1-A)(D)(1), (5)(D-1)
OUI causing death, or OUI with a prior Class B or C OUI conviction or prior OUI-related criminal homicide conviction (no time limit): Class B crime: at least 6 months jail, at least $2,100 fine, 10-year suspension29-A M.R.S. § 2411(1-A)(D)(1-A), (2), (5)(D-2)

More on Maine OUI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

immediate license suspension of 275 days for a first refusal (1 year when there is probable cause that death occurred or will occur), 18 months for a second, 4 years for a third and 6 years for a fourth; the refusal is admissible at trial and raises the mandatory minimum jail and fine if you are convicted of OUI29-A M.R.S. § 2521(3), (5), (6), (6-A); § 2411(5)

Official source: if you refuse a breath or blood test in Maine

Ignition Interlock

First offense: not required; optional early reinstatement after 30 days of a first-offense suspension if an approved device is installed for the remaining suspension Repeat offenses: optional early reinstatement with a device: after 9 months (2 offenses), 3 years (3 offenses) or 4 years (4 or more offenses); not available after an OUI causing death the device stays installed for the remaining suspension period; driving without it or tampering is a Class E crime with at least 7 days jail and a $500 fine; a $50 administrative fee applies; providers must cut costs at least 50% for households at or below 150% of the federal poverty guidelines

Official source: ignition interlock in Maine

Drivers Under 21

a driver under 21 may not operate with any alcohol (more than 0.00) or under the influence of drugs; refusing a test is a separate suspension license suspension of 1 year (first offense) or 2 years (second), plus 180 days if a passenger under 21 was in the vehicle; refusal suspension of 18 months (first) or 30 months (second or later); a first offender may be relicensed after half the suspension once the alcohol and drug program is complete

Official source: drivers under 21 in Maine

Driving After Using Drugs

yes: 'under the influence of intoxicants' means under the influence of alcohol, a drug other than alcohol, a combination of drugs, or alcohol and drugs, all covered by the same OUI statute

Official source: driving after using drugs in Maine

More on OUI Law in Maine

For the state's own guidance, see Maine Bureau of Motor Vehicles: Operating Under the Influence Information.

This page summarizes Maine law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Maine can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First OUI in Maine?

Jail: no mandatory jail unless an aggravating factor applies: at least 48 hours for a test result of 0.15 or more, speeding 30 mph or more over the limit, eluding an officer, or a passenger under 21; at least 96 hours for refusing a test; maximum less than one year (Class D). Fine: at least $500 ($600 if you refused a test), up to $2,000. License suspension: 150 days (court-ordered); add 275 days if a passenger under 21 was in the vehicle.

How Long Do You Have to Request a License Hearing in Maine?

10 days. How it is counted: the effective date of the suspension. A written request to the Bureau of Motor Vehicles Hearings Section (Division of Legal Affairs, Adjudications & Hearings, 29 State House Station, Augusta, ME 04333-0029); a timely request stays an excessive-alcohol suspension until the hearing decision, but not a refusal suspension. If you miss it, the suspension usually takes effect automatically.

When Is an OUI a Felony in Maine?

Maine grades crimes by class rather than felony and misdemeanor. OUI becomes a Class C crime (up to 5 years) with 2 or more previous OUI offenses within 10 years, or when it causes serious bodily injury; it is a Class B crime (up to 10 years) when it causes death or the person has a prior Class B or C OUI conviction

Do You Need an SR-22 After an OUI in Maine?

Yes. How long: required before reinstatement after an OUI conviction with a prior OUI conviction within 10 years; proof must then be maintained for at least 3 years. An SR-22 is a form your insurer files with the state to prove you carry the required coverage.