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)
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)
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)