Maine · OUI · Checked October 2026
Maine OUI Penalties: First, Second and Third Offense
Maine OUI Penalties: What Are the Rules?
Maine sets OUI penalties by offense, and they rise with each conviction.
- 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
- Lookback period
- 10 years
Maine OUI Penalties by 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 |
Other First Offense Penalties in Maine
- $30 surcharge ($125 when drugs were involved)
- Driver Education and Evaluation Program (DEEP) required for reinstatement after administrative suspensions
Other Second Offense Penalties in Maine
- court-ordered suspension of the right to register a motor vehicle
- Department of Health and Human Services alcohol and other drug program
- proof of financial responsibility before reinstatement
Other Third Offense Penalties in Maine
- court-ordered suspension of the right to register a motor vehicle
- Department of Health and Human Services alcohol and other drug program
- proof of financial responsibility before reinstatement
- a fourth or later offense within 10 years: at least 6 months jail (6 months 20 days if you refused), at least $2,100 fine ($2,500 if you refused), 8-year suspension
When Penalties Are Higher in Maine
- 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 jail
- 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)
- passenger under 21 in the vehicle: additional 275-day license suspension
- OUI causing serious bodily injury to another person: Class C crime: at least 6 months jail, at least $2,100 fine, 6-year suspension
- 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 suspension
When an OUI Is 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 conviction29-A M.R.S. § 2411(5)(C), (D), (D-1), (D-2); 17-A M.R.S. § 1604(1)
How Far Back Prior Offenses Count in Maine
10 years. prior OUI offenses count if the date of the prior action or sentence is 10 years or less from the new conduct; an OUI offense includes both an OUI conviction and a suspension for failing to submit to a test; prior Class B or C OUI convictions and OUI-related homicide convictions count with no time limit for the Class B charge29-A M.R.S. § 2402; § 2401(11); § 2411(1-A)(D)(2)
More on OUI Law in Maine
See the full overview of OUI laws in Maine and read about first-offense DUI penalties across the states.
This page summarizes Maine law from official sources, checked October 2026. It isn't legal advice; 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.
What Is the Penalty for a Second OUI in Maine?
Jail: at least 7 days (12 days if you refused a test), maximum less than one year (Class D). Fine: at least $700 ($900 if you refused a test), up to $2,000. License suspension: 3 years (court-ordered); add 275 days if a passenger under 21 was in the vehicle.
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