Criminal DUI and OUI offenses in Maine can lead to life-altering penalties. It helps to understand the laws here as well as the potential Criminal Lawyer sentences for different classes of crime.

In this post, we’ll pass on our experience in Maine criminal law to cover most of the basics that you need to know about OUI and other criminal offenses in Maine.

What is the difference between OUI & DUI?

DUI in Maine is termed “OUI”, which OUI Lawyer stands for Operating Under the Influence. This is a serious traffic offense that needs a serious defense to avoid potentially harsh penalties.

If you are stopped and suspected of having consumed alcohol or illicit drugs, you will be asked to take a field sobriety test and/or blow into a breathalyzer. The results of this may lead to an OUI charge — and you cannot refuse a blood or breath test or you will be arrested and charged immediately (more about this below).

Note that the legal limit is 0.08 percent blood alcohol concentration (BAC) but you do not need to be at or over that limit to be charged with OUI in Maine. If your driving is impaired by the use of alcohol or drugs in any way, according to the observations of the police officer(s), you can be arrested and charged with OUI.

Do not try to defend an OUI charge yourself. As you will see in the next section, the consequences are harsh — and you do not want to be saddled with a criminal record for the rest of your life.

An experienced OUI defense lawyer can often challenge the police evidence and fight your OUI charge.

What are the penalties for OUI/DUI in Maine? 

The penalties for OUI/DUI in Maine depend upon whether it is your first offense — or a subsequent one. Be aware that Maine judges routinely exceed the recommended minimum penalties when sentencing.

First OUI offense

A first OUI in Maine is a misdemeanor offense with the following penalties:

  • Mandatory minimum 150-day license suspension 
  • $500 fine plus additional court-related fees
  • Ineligible for a work-only license during the first 100 days of the license suspension
  • Attendance at alcohol school (after which a full license reinstatement is allowed after 30 days of no driving —with an Ignition Interlock Device installed until the end of the suspension)

If there are aggravating circumstances present, such as a BAC of .15 percent or higher, passengers under the age of 21, or speeding over 30 mph above the speed limit, a mandatory minimum two-day jail sentence applies.

Second OUI offense 

If your DUI happened within 10 years of a previous offense in any state (or you refused a breath test in Maine during the same period), it will be counted as a second misdemeanor offense and the following penalties will apply:

  • Mandatory minimum three-year license and registration suspension
  • Seven-day jail sentence 
  • $700 fine
  • Attendance at alcohol school (after which a full license reinstatement is allowed after three months of no driving — with an Ignition Interlock Device installed for two years)

Third OUI offense

A third or subsequent OUI conviction within ten years or an OUI accident resulting in serious injury elevates the OUI to a Class C felony with the following punishments:

  • A maximum of five years in prison, a $5,000 fine, and two-year probation
  • A minimum 30-day jail sentence and a $1,100 fine 
  • A six-year license suspension without a work-only license and suspension of the right to register a vehicle
  • Attendance at alcohol school (after which a full license reinstatement is allowed after three months of no driving — with an Ignition Interlock Device installed for three years)

Fourth OUI offense

A fourth OUI offense is a Class C felony in Maine and carries the following penalties:

  • A maximum of five years in prison, a $5,000 fine and a two-year probation period
  • A minimum six-month jail term and $2,100 fine 
  • Eight-year license suspension without a work-only license and suspension of the right to register a vehicle
  • Mandatory installation of an Ignition Interlock Device for four years AFTER the license suspension has ended

OUI with an injury

Any OUI involving an accident with serious injury is a Class C felony that results in the following penalties:

  • A maximum of five years in prison, a $5,000 fine and two-year probation
  • A minimum six-month jail term and $2,100 fine
  • Six-year license suspension without a work-only license and suspension of the right to register a vehicle
  • Attendance at alcohol school (after which a full license reinstatement is allowed after three months of no driving — with an Ignition Interlock Device installed for three years)

License suspension for excessive blood-alcohol levels

The license suspensions outlined above can be imposed even before you go to court by the Maine Bureau of Motor Vehicles for drivers with BAC levels of .08 percent or more.

If you want to challenge the suspension, you’ll need to request a hearing in writing within ten days of the date of suspension. 

Whether or not you are found guilty of the criminal OUI charge, the administrative suspension will apply unless it is successfully challenged.

Suspensions are even more serious for drivers aged 21 years or older with a passenger under the age of 21, with an additional 275-days imposed.

Refusal to submit to implied consent testing in Maine

The implied consent laws in Maine mean that you cannot refuse to submit to a blood, urine or breath test if requested by a police officer.

If you do refuse, you will face the following administrative BMV penalties:

  • A 275-day license suspension for a first refusal
  • An 18-month operator license suspension for a second refusal within 10 years
  • A three-year driver’s license suspension for a third refusal within 10 years
  • A six-year operator’s license suspension for a fourth refusal within 10 years
  • An 18-month driver’s license suspension for a first refusal by a driver aged under 21
  • A 30-month driver’s license suspension for a second refusal by a driver aged under 21

Criminal felonies and misdemeanors in Maine 

Criminal offenses are usually divided into felonies (the most serious with the harshest penalties) and misdemeanors, which usually carry smaller fines, temporary punishments, and minimal jail time.

In Maine, criminal offences are generally referred to according to their class: from A to E, with Class A, B and C crimes considered felonies and Class D and E offenses considered misdemeanors.

Types of misdemeanors in Maine 

With misdemeanor offenses, there are few mandatory minimum sentences and considerable leeway is often provided when sentencing.

Class E misdemeanor offenses are the least serious criminal offenses in Maine and may include:

  • Shoplifting
  • Driving on a suspended license
  • Disorderly conduct
  • Criminal trespass

For Class E misdemeanors, a maximum penalty of six months in county jail and a fine of up to $1,000 can apply. Probation is uncommon.

Common Class D misdemeanor offenses in Maine include:

  • OUI
  • Most domestic violence cases (though they may be elevated to a felony)
  • Drug possession

For Class D misdemeanors, a maximum penalty of one year behind bars and a fine of up to $2,000 can apply.

Types of felony offenses in Maine 

Common Class C felony offenses include:

  • Aggravated OUI
  • Felony theft
  • Aggravated criminal mischief

For such crimes, a maximum penalty of five years in prison and a fine of up to $5,000 can apply.

Class B offenses include:

  • Assault with a deadly weapon
  • Drug trafficking
  • Certain sexual assault charges 

For such crimes, a maximum penalty of 10 years in prison and a fine of up to $20,000 can apply.

Class A offenses are the most serious crimes under Maine law and include 

  • Rape
  • Murder
  • Aggravated drug trafficking

For such crimes, a maximum penalty of 30 years in prison and a fine of up to $50,000 can apply (but murder has its own sentencing rules).

Other consequences of a criminal conviction in Maine

If you are convicted of a criminal offense in Maine, you will face other consequences in addition to the criminal penalties outlined above.

All criminal convictions result in a criminal record that shows on background checks, which can affect employment, career choices, housing, travel, and other areas of your life. 

Felonies can result in especially harsh consequences, including the loss of a professional license, the loss of the right to vote or own a firearm, and even the loss of custody rights.

If you need help defending an assault charge, call the Maine Criminal Defense Group at 207-203-6813 for an initial case evaluation.