OUI Penalties
29-A M.R.S. § 2411 — operating under the influence, or at 0.08; minimums that rise within 10 years
A person commits OUI by operating a motor vehicle while under the influence of intoxicants, or with an alcohol level of 0.08 grams or more. It is a Class D strict liability crime, and a Class C crime with 2 or more previous OUI offenses within a 10-year period. The minimum penalties below cannot be suspended.
Who handles this in Maine: legal aid programs and the state offices, listed in the Maine directory.
| Previous OUIs within 10 years | Minimum fine | Minimum jail | License suspension |
|---|---|---|---|
| Previous OUIs within 10 yearsNone | Minimum fine$500, or $600 after a refusal | Minimum jailNone, 48 hours with an aggravating fact, 96 hours after a refusal | License suspension150 days |
| Previous OUIs within 10 yearsOne | Minimum fine$700, or $900 after a refusal | Minimum jail7 days, or 12 days after a refusal | License suspension3 years |
| Previous OUIs within 10 yearsTwo | Minimum fine$1,100, or $1,400 after a refusal | Minimum jail30 days, or 40 days after a refusal | License suspension6 years |
| Previous OUIs within 10 yearsThree or more | Minimum fine$2,100, or $2,500 after a refusal | Minimum jail6 months, or 6 months and 20 days after a refusal | License suspension8 years |
What raises a first offense to 48 hours. An alcohol level of 0.15 grams or more, driving 30 miles per hour or more over the limit, eluding an officer, or a passenger under 21. A passenger under 21 also adds 275 days to the suspension at any offense level.
Causing serious bodily injury is a Class C crime with at least 6 months, a $2,100 fine and a 6 year suspension; causing a death is a Class B crime with at least 6 months, a $2,100 fine and a 10 year suspension. A surcharge of $30, or $125 when drugs were involved, comes on top.
Sources for this section (1)
- 29-A M.R.S. § 2411 — Criminal OUI
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maine attorney.