Maine DUI / DWI Laws

Learn about the penalties for OUI/DUI conviction in Maine

regardless of whether your driving ability was actually impaired. And the law in Maine says that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Here are some details on the consequences of refusing to take a chemical test in Maine and other details about Maine OUI/DUI law.

In Maine, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of OUI/DUI?

Here are the consequences for not taking a breathalyzer or blood test in Maine, broken out by whether this is your first, second, or third offense:

First Offense DUI in Maine

  • First offense DUI in Maine results in an administrative license suspension of ninety (90) days, with the possibility of restricted reinstatement earlier, most likely alongside use of ignition interlock device. (The law requires an additional 275 day suspension be imposed by the court or the Secretary of State if transporting a passenger under 21.)
  • Refusals to submit under implied consent laws in Maine result in a mandatory administrative license suspension of two hundred and seventy-five (275) days
  • Reinstatement likely contingent upon payment of reinstatement fees and completion of alcohol/substance abuse assessment and education program

Second Offense DUI in Maine

If you are convicted of a second DUI offense, the following administrative penalties are possible:

  • License is suspended for 3 years (at least 3 years if you have 2 prior DUIs within the last 10 years).
  • An Ignition Interlock Device can be installed 9 months after conviction.
  • If you are convicted of a second DUI/OUI offense, you will receive a fine of at least $600 and a jail sentence of at least seven days (to six months). If this is a second DUI/OUI refusal to consent to chemical testing, the penalties include a fine of at least $800 and jail time of 12 days (to six months).

Second Offense DUI in Maine

An individual with a third offense OUI/DUI in Maine faces a 6 year suspension of their license. Confiscation of the vehicle is also a possibility. The return of the license after suspension ( or if it is reduced) will involve fitting your vehicle with an ignition interlock device.

Judicial penalties are as harsh. For a third offense DUI in Maine, an individual can expect:

  • Fines – A minimum of $1,000 and a maximum of $5,000
  • Jail time – 30-day mandatory jail sentence  and up to 5 years
  • 2 years probation
  • Mandatory alcohol education and assessment possibly as well as treatment
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