Maine · OUI · Checked October 2026

Refusing a Breath or Blood Test in Maine

Refusing a Breath or Blood Test in Maine: What Are the Rules?

What happens if you refuse a breath or blood test in Maine.

Refusal penalty
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 OUI
License suspension for refusing
275 days (first refusal), 18 months (second), 4 years (third), 6 years (fourth)
Deadline to challenge
10 days

Refusal Penalties in Maine

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: refusal penalties (Maine)

License Suspension for Refusing in Maine

275 days (first refusal), 18 months (second), 4 years (third), 6 years (fourth)29-A M.R.S. §§ 2453(5), (6); 2483(1), (3); 2521(6)

Official source: license suspension for refusing (Maine)

More on OUI Law in Maine

See the full overview of OUI laws in Maine and read about implied consent laws in every state.

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 Happens if You Refuse a Breath Test in Maine?

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 OUI

How Long Is the Suspension for Refusing?

275 days (first refusal), 18 months (second), 4 years (third), 6 years (fourth)

Sources

  1. Implied consent: 29-A M.R.S. § 2521(3), (5), (6), (6-A); § 2411(5)
  2. License suspension and hearing: 29-A M.R.S. §§ 2453(5), (6); 2483(1), (3); 2521(6)

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.