Maine DUI Penalties


What are the Penalties for an OUI in Maine?

Legal Representation for Clients in Portland, Augusta, Bangor, Saco, and Biddeford

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According to the Maine Bureau of Highway Safety, any driver found to have a blood alcohol content (BAC) of 0.08% or higher could be arrested and charged with DUI. Also known as OUI (operating under the influence) or DWI (driving while intoxicated), a conviction of DUI can lead to harsh penalties, some which could affect you long after you have served your sentence. Besides jail time and fines, you could lose your driving privileges for a set amount of time or be required to install an ignition interlock device in your vehicle. The penalties vary depending on the specific situation as well as if there were any aggravating factors.

First Offense A conviction of a first DUI will result in at least a 150 day suspended license as well as a $500 fine. However, if there were any aggravating factors involved, the penalties will increase. Aggravating factors include an extremely high BAC of 0.15% or more , going 30 mph over the speed limit, trying to evade the police officer, or having a passenger in your care who was under 21. Along with the previously mentioned penalties, the individual could also be facing up to 48 hours in jail. If there was a passenger under the age of 21, then there will also be an additional 180 day license suspension imposed. If the driver had also refused to submit to breath testing or blood testing, the jail time could increase to 96 hours as well as a 275 day administrative license suspension that would run consecutively to any court imposed suspension for possible total suspension time of one year.

Second Offense If the individual was convicted of a second DUI, the license suspension period will jump from 150 days to 3 years. They will also be put in jail for 7 days and ordered to pay a $700 fine. These are only minimum penalties, a judge could order more jail time, a higher fine or both. If this was the second DUI in ten years, they will not be able to get a work-restricted license or register a vehicle. For a second conviction coupled with a breath test or blood test refusal, the jail time will increase to 12 days, the minimum fine will increase to $900 and you may face other penalties as well including license suspension.

Third Offense Those who are convicted of a third OUI could be left without the ability to drive for six years. This could bring with it many difficulties, such as the inability to get to work and take care of your family. You will also be sent to jail for a mandatory minimum 30 days and fined no less than $1,100. Along with all the other costs which result from a court case, these expenses can prove to be too much for many families and individuals. When a third conviction is aggravated by a breath test refusal, the jail time can increase to 40 days and the fine can increase to $1,400. In addition, you will have to attend alcohol or drug counseling as well as any other penalty the judge may deem to sentence you with.

Fourth Offense A mandatory minimum six months in jail as well as eight years without a driver's license is what is facing individual's convicted of DUI for a fourth time. Not only that, but they will have to pay a minimum $2,100 fine and attend drug or alcohol counseling. A conviction involving a field sobriety test or chemical test refusal will also involve higher penalties. Six months and twenty days in jail and a $2,400 fine will be placed on anyone found to violate this law. Keep in mind that these are the mandatory minimum penalties that can be imposed by statute.

Other Maine OUI Penalties

According to the Maine Revised Statutes §2411 (2003), you can be convicted of criminal OUI if you caused a serious bodily injury to another driver or passenger or caused the death of another person. Any OUI offense that results in loss of life or serious injury will result in steeper penalties and, in some cases, additional charges. Multiple OUI offenses in a ten year period of time can also lead to an increase in penalties. Most Out charges are Class D crimes, but when one of these factors are present, the charges get more serious.

An OUI accident that resulted in serious injury is a Class C offense and will result in:

  • A minimum fine of $2,100
  • A minimum of 6 months of incarceration
  • 6 years of license suspension
An OUI accident that resulting in death as well as an OUI conviction where the driver has previously been convicted of a Class B or Class C OUI or driving offense are both Class B offenses and will result in:
  • A minimum fine of $2,100
  • A minimum of 6 months of incarceration
  • 10 years of license suspension

If you have been charged with Operating Under the Influence in Biddeford or anywhere else in the state of Maine, the experienced attorneys at the Law Office of William T. Bly can help you fight the charges. We have the experience and the knowledge to defend you. Our legal team will go over your case with you and build a defense strategy. Call us now to get started. 



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