Maine OUI Laws: 2025 DUI Charges Guide

Getting Started

If you’re arrested for OUI in Maine, you face both administrative penalties through the Bureau of Motor Vehicles (BMV) and criminal charges in court. While these proceedings are separate, both can significantly impact your driving privileges and personal freedom. This guide provides general information about Maine’s OUI laws, but it’s essential to consult with a qualified OUI attorney for advice specific to your situation.

Definitions to Know

Maine Bureau of Motor Vehicles (BMV)

The Bureau of Motor Vehicles handles administrative license suspensions, restricted license applications, and monitors compliance with OUI requirements. The BMV’s administrative process operates independently from the court system, so you could face license suspension even before your court date. The BMV oversees license reinstatement procedures and monitors IID program compliance for qualified drivers. 

Steps to Take After OUI Arrest in Maine

1. Hire an Attorney

   Legal counsel can help navigate both administrative and criminal processes, potentially reducing penalties.

2. License Suspension

   Expect your driver’s license to be suspended administratively, separate from any court action.

3. Request an Administrative Hearing

   If disputing the suspension, you must request a hearing with the BMV within 10 days of receiving notice.

4. Apply for a Restricted License

   If eligible, you may apply for limited driving privileges by installing an IID.

5. Install an IID

   Required for certain offenses or to obtain restricted driving privileges during suspension period.
   Explore IIDs

6. File an SR-22 Form

   Provide an insurance certificate of proof of financial responsibility to get your license reinstated, if required.

7. Complete Substance Abuse Education and Evaluation

   Participate in Maine’s Driver Education and Evaluation Program (DEEP).

8. Pay Fines and Fees

   Court fines range from $500-$2,100 plus additional fees for license reinstatement and BMV charges.

9. Complete OUI Alcohol Program

   Alcohol treatment or rehabilitation program may be required before license reinstatement.

10. Attend Court Proceedings

    Your criminal case will proceed through court independently from administrative actions.

11. Probation

    Probation terms may include regular check-ins and abstaining from alcohol or drugs.

12. Avoid Further Violations

    Any additional OUI or driving violations while on probation or with a restricted license can result in severe penalties, including mandatory jail time and extended suspensions.

OUI Laws in Maine

What Are the Legal Driving Alcohol Limits in Maine?

Any additional OUI or driving violations while on probation or with a restricted license can result in severe penalties, including mandatory jail time and extended suspensions.

Felony vs Misdemeanor OUI charges

In Maine, most first and second OUI offenses are classified as misdemeanors, while more serious cases are prosecuted as felonies. An OUI becomes a felony under specific circumstances that demonstrate heightened risk to public safety.

Misdemeanor OUI cases typically involve first or second offenses without aggravating factors. These are handled in District Court and carry shorter jail sentences (up to one year) and lower fines. Felony OUI charges apply to third or subsequent offenses within a 10-year period, or cases involving serious injury or death. These felonies are prosecuted in Maine’s Superior Court and carry potential prison sentences of several years, much higher fines, and longer license suspensions.

What Are Drunk Driving Diversion Programs in Maine?

Maine does not offer formal pre-conviction diversion programs specifically for OUI offenses like some other states. However, drivers with a first-time OUI may benefit from completing the state’s Driver Education and Evaluation Program (DEEP), which can satisfy court requirements. This is not a true diversion program as it typically occurs after conviction rather than as an alternative to prosecution.

For repeat offenses, Maine law focuses on rehabilitation alongside punishment through mandatory substance abuse evaluations and treatment programs administered by the Department of Health and Human Services. These programs aim to address underlying substance use issues while still holding drivers accountable through the traditional court process.

Refusing a Chemical Test Under Maine OUI Law

Maine, like all states, operates under implied consent law. By driving on Maine roads, you implicitly agree to chemical testing if an officer has probable cause to believe you’re impaired. Refusing a test carries administrative penalties independent of any OUI conviction.

Additionally, if you’re convicted of OUI despite refusing the test, the court will consider the refusal as an aggravating factor when determining your sentence.

OUI Penalties & Consequences

Penalties for OUI Offenses in Maine

Penalties for OUIs in Maine become progressively severe with each conviction, especially for offenses occurring within a 10-year lookback period.

Aggravating Factors That Increase Maine OUI Penalties

In Maine, aggravating factors lead to:

• Elevated criminal charges
• Harsher fines
• Longer jail or prison time
• Extended license suspensions
• Additional requirements

Having a high BAC level (0.15% or higher) triggers enhanced penalties including mandatory minimum jail time even for first offenses. Refusing a chemical test automatically extends license suspension periods and can be used as evidence of guilt in court.

Driving with a passenger under 21 years old results in additional mandatory jail time and heightened scrutiny from the court. Causing an accident, especially those resulting in property damage, injury, or death, dramatically increases penalties and may trigger felony charges regardless of prior history. Prior OUI convictions within a 10-year period exponentially increase all penalties, with third and subsequent offenses treated as felonies with mandatory minimum jail sentences.

Driving Without a Valid License

Driving while your license is suspended due to an OUI conviction in Maine is a serious offense with severe consequences that extend far beyond a simple traffic ticket. If caught, you face mandatory minimum jail sentences starting at seven days for a first violation, with longer sentences for subsequent offenses. Fines for this violation start at $600 and increase substantially for repeat offenses.

The courts show little leniency for these violations because they demonstrate willful disregard for court orders and public safety. Additionally, driving while suspended will extend your original suspension period, potentially add points to your driving record, and may result in vehicle impoundment. These penalties apply even if you’re driving for what you consider essential purposes.

License Suspension

Who Determines if You Can Continue Driving After an OUI 

In Maine, two separate entities determine your driving privileges after an OUI arrest, creating a dual-track system of penalties. The Bureau of Motor Vehicles (BMV) handles administrative suspensions that take effect shortly after arrest, regardless of court outcomes. These administrative suspensions occur if you fail a chemical test (BAC of 0.08% or higher) or refuse testing.

The court system imposes additional license suspensions as part of criminal sentencing if you’re convicted of OUI. These two suspension processes operate independently, though they may be served at the same time in some cases. The BMV focuses on immediate public safety concerns based on chemical test results, while the court imposes punitive measures based on criminal conviction.

How Long Will Your License Be Suspended?

Getting your license suspended in Maine means you are no longer allowed to drive a vehicle unless you obtain a temporary or restricted license during your suspension. Here’s how long your regular license may be suspended for an OUI in Maine:

Steps to Reinstate Your License

To reinstate your driver’s license after an OUI suspension in Maine, you must complete several mandatory steps:

1. Serve your full suspension period completely.
2. Pay reinstatement fees ($50-$200, depending on circumstances).
3. Complete the required Driver Education and Evaluation Program (DEEP).
4. For early reinstatement install an IID if approved by court or BMV order.
5. Provide proof of completion for all required programs to the BMV.

How to Apply for a Restricted Driver’s License

To apply for a restricted license in Maine, you must complete several required steps:

• Install an IID on your vehicles (using an approved provider).
• Submit an application form to the Maine BMV.
• Provide documentation of need (e.g., employment verification or medical necessity).
• Pay applicable fees, including a reinstatement fee.
• Provide proof of completion or enrollment in required education programs.

Maine Ignition Interlock Device (IID) Requirements

Maine’s ignition interlock program allows certain drivers convicted of OUI to regain limited driving privileges by installing an IID that prevents the vehicle from starting if alcohol is detected on your breath. The program requires installation in all vehicles you operate. You must comply with regular IID calibration appointments. The device records all test results and vehicle usage, which are monitored by the BMV.

The required IID period varies based on your offense: first-time OUI offense is a 150-day suspension, but may be able to reduce the suspension to 30 days with installation of an IID and maintain limited driving privileges, while repeat offenses face longer required periods. For drivers with a second OUI conviction, the IID period is one year after serving part of the suspension; for third offenses, it extends to two years after serving part of the suspension.

Selecting the right ignition interlock provider can make a world of difference.

Find an Interlock Provider Near You

SR-22 Insurance Requirements

After an OUI conviction in Maine, the Maine Bureau of Motor Vehicles (BMV) may, in certain instances, require proof of insurance before reinstating a license after an OUI suspension. If an SR-22 filing is required, it would typically need to be maintained for several years following license reinstatement, and any lapse in coverage would result in a new license suspension.

Let us help connect you to the right licensed insurance specialist for you.

Explore SR-22 Insurance Requirements

Substance Abuse Evaluation and Treatment

Maine requires all drivers convicted of OUI to complete the Driver Education and Evaluation Program (DEEP) administered by the Office of Behavioral Health. This comprehensive program begins with a substance use evaluation to determine the appropriate level of intervention. The basic program includes risk reduction education sessions designed to prevent future impaired driving.

Based on evaluation results, you may be required to complete additional treatment ranging from short-term educational interventions to more intensive counseling or substance use disorder treatment. The BMV requires verification of program completion before reinstating driving privileges, regardless of whether you’ve served your full suspension period. Program costs vary based on the required level of intervention but typically start at several hundred dollars for the basic program, with additional costs for any required treatment.

Understand what to expect and how to prepare for a substance abuse evaluation.

Read Our Guide on Alcohol Assessments

FAQs About OUIs in Maine

Sources

1. Maine Department of Public Safety. (n.d.). Operating Under the Influence (OUI). https://www.maine.gov/dps/node/128
2. Maine Bureau of Motor Vehicles. (n.d.). OUI Offenses. https://www.maine.gov/sos/bmv/licenses/oui.html
3. FindLaw. (n.d.). What Are the OUI Laws in Maine? https://www.findlaw.com/state/maine-law/what-are-the-oui-laws-in-maine.html
4. National College for DUI Defense. (n.d.). Maine OUI Laws. https://www.ncdd.com/maine-oui-laws
5. Maine Legislature. (n.d.). Ignition interlock devices. https://legislature.maine.gov/statutes/29-a/title29-Asec2508.html
6. Maine Department of Health and Human Services. (n.d.). Impaired Driving. https://www.maine.gov/dhhs/obh/support-services/impaired-driving