Maine OUI Laws

Last reviewed July 2026 · 5 primary sources · How we research and review these pages

Reviewed by the LegalLimit editorial team →

Standard BAC limit

0.08%

Commercial driver BAC

0.04%

Under-21 BAC

> 0.00%

Prior-offense lookback

10-year window

Aggravating factors

BAC of 0.15 or higher (48-hour mandatory minimum on first offense): Under 29-A M.R.S.A. § 2411(5)(A)(3)(a)(i), a first offender with a BAC of 0.15 or higher faces a mandatory minimum of 48 hours incarceration. The .15 threshold also triggers the mandatory minimum for exceeding the speed limit by 30+ mph, eluding an officer, or having a passenger under 21. These are sentencing enhancements, not separate per-se charges.
Refusal to submit to testing (enhanced minimums + admissible at trial): Refusing a chemical test under 29-A M.R.S.A. § 2521 triggers: (1) administrative license suspension (275 days / 18 months / 4 years / 6 years by refusal count); (2) enhanced mandatory minimum incarceration at every tier under § 2411(5) (96 hours first, 12 days second, 40 days third, 6 months + 20 days fourth+); (3) enhanced fine minimums ($600 first, $900 second, $1,400 third, $2,500 fourth+); and (4) the refusal IS admissible at the OUI trial under § 2521(3)(B).
Passenger under 21: Under 29-A M.R.S.A. § 2411(5)(G), a person sentenced at any tier who had a passenger under 21 at the time of the offense receives an additional 275-day license suspension. On a first offense, a passenger under 21 also triggers the 48-hour mandatory minimum under (5)(A)(3)(a)(iv).
OUI causing serious bodily injury or death (separate felony): OUI causing serious bodily injury is a Class C crime under 29-A M.R.S.A. § 2411(5)(D-1): ≥6 months incarceration, ≥$2,100 fine, 6-year license suspension — all non-suspendable. OUI causing death, or OUI with a prior Class B/C OUI conviction or prior criminal-homicide-involving-OUI conviction, is a Class B crime under § 2411(5)(D-2): ≥6 months, ≥$2,100, 10-year suspension — non-suspendable. The prior-felony trigger has NO time limit ("convictions may have occurred at any time").

Maine prosecutes impaired driving as OUI (Operating Under the Influence) under 29-A M.R.S.A. § 2411, covering both impairment by intoxicants and a per se BAC of 0.08. Maine's implied consent law is notably strong — the person SHALL submit to testing (not merely deemed to have consented), and refusal IS explicitly admissible as evidence at the OUI trial under § 2521(3)(B). Refusal also triggers enhanced mandatory minimums at every tier and administrative license suspension (275 days through 6 years by refusal count). The penalty ladder runs four tiers keyed to a 10-year lookback: first offense (Class D crime, $500+ fine, 150-day suspension, no mandatory minimum for a modal first offender); second within 10 years (Class D, 7-day mandatory minimum, 3-year suspension); third within 10 years (Class C crime, 30-day mandatory minimum, 6-year suspension); fourth+ within 10 years (Class C crime, 6-month mandatory minimum, 8-year suspension). OUI causing serious injury is a Class C crime; OUI causing death or any OUI after a prior felony OUI or OUI-homicide conviction is a Class B crime — with a LIFETIME lookback for the prior-felony trigger. A BAC of 0.15 triggers a 48-hour mandatory minimum on a first offense. A passenger under 21 triggers both a mandatory minimum (first offense) and an additional 275-day license suspension at any tier. Maine has a zero-tolerance rule for drivers under 21 (any detectable alcohol above 0.00), enforced as an administrative license suspension by the Secretary of State under § 2472 rather than a criminal § 2411 charge (1 year for a first offense, 2 years for a second, plus 180 additional days for a passenger under 21); a driver who is also 0.08+ or impaired faces the criminal § 2411 OUI as well. The statute was most recently amended in 2025 (PL 2025, c. 173 and c. 431).

Maine OUI penalties by offense tier

Offense tier	Fine	Jail	License action	Ignition interlock
First offense (no prior OUI within 10 years) — Class D crime	$500–$2,000 ($500 minimum ($600 if refused test) (29-A M.R.S.A. § 2411(5)(A)(1)). Plus a $30 surcharge ($125 for drug/combo).; Class D crime fine ceiling under 17-A M.R.S.A. § 1704(4).)	0 days–364 days (No mandatory minimum for a modal first offender. 48-hour mandatory minimum applies if BAC ≥ 0.15, exceeded speed by 30+ mph, eluded officer, or passenger under 21 (§ 2411(5)(A)(3)(a)). 96-hour minimum if refused test (5)(A)(3)(b).; Class D crime imprisonment ceiling: less than 1 year (364 days) under 17-A M.R.S.A. § 1604(1)(D).)	Suspended for 150–425 days — 150-day court-ordered license suspension (§ 2411(5)(A)(2)). An additional 275-day suspension if passenger under 21 (5)(G), totaling 425 days in the worst case. Maine suspends (rather than revokes) — the license reinstates after the period.	Required if restricted license or restoration
Second offense within 10 years — Class D crime	$700–$2,000 ($700 minimum ($900 if refused test) (§ 2411(5)(B)(1)). Plus surcharge.)	7 days–364 days (7-day mandatory minimum (12 days if refused test) (§ 2411(5)(B)(2)).)	Suspended for 1095–1370 days — 3-year court-ordered suspension (§ 2411(5)(B)(3)). Plus 275 days if passenger under 21 (5)(G) → up to ~3.75 years. Registration suspension under § 2416.	Required if restricted license or restoration
Third+ offense within 10 years (Class C or Class B felony)	$1,100–$20,000 (Third offense: ≥$1,100 ($1,400 if refused) (5)(C)(1). Fourth+: ≥$2,100 ($2,500 if refused) (5)(D)(1). Class B (death/prior felony): ≥$2,100 (5)(D-2).; Class C crime fine ceiling: $5,000 under 17-A M.R.S.A. § 1704(3). Class B crime fine ceiling: $20,000 under § 1704(2).)	1 month–10 years (Third offense: ≥30 days (≥40 days if refused) (5)(C)(2). Fourth+: ≥6 months (≥6mo + 20 days if refused) (5)(D)(2). OUI causing serious injury (Class C): ≥6 months (5)(D-1). OUI causing death or prior felony OUI (Class B): ≥6 months (5)(D-2).; Class C imprisonment ceiling: ≤5 years under 17-A M.R.S.A. § 1604(1)(C). Class B ceiling: ≤10 years under § 1604(1)(B). The 10-year Class B ceiling is the real max for this tier.)	Suspended for 2190–3650 days — Third offense: 6-year suspension (5)(C)(3). Fourth+: 8-year suspension (5)(D)(3). OUI causing serious injury (Class C): 6 years (5)(D-1). OUI causing death or prior felony (Class B): 10-year suspension (5)(D-2). Plus 275 days if passenger under 21.	Required if restricted license or restoration

Frequently asked questions

What is the legal BAC limit in Maine?

The per se limit is 0.08% (29-A M.R.S.A. § 2411(1-A)(A)(2)). The offense also covers impairment by alcohol or drugs without a specific BAC. For drivers under 21, Maine has a zero-tolerance law — any detectable amount of alcohol is a violation.

What are the penalties for a first OUI in Maine?

A first offense (§ 2411(5)(A)) is a Class D crime: a $500 fine ($600 if refused test; plus surcharge), a 150-day license suspension, and no mandatory minimum jail for a modal first offender — UNLESS BAC ≥ 0.15 (48 hours), exceeded speed by 30+ mph (48 hours), eluded officer (48 hours), passenger under 21 (48 hours), or refused test (96 hours). An additional 275-day suspension applies if passenger under 21.

What are the penalties for a second OUI in Maine?

A second offense within 10 years (§ 2411(5)(B)) is a Class D crime: 7-day mandatory minimum (12 days if refused), $700 fine ($900 if refused; plus surcharge), 3-year license suspension, and registration suspension.

When does a Maine OUI become a felony?

A THIRD offense within 10 years is a Class C crime (≥30 days, ≥$1,100, 6-year suspension). A fourth+ within 10 years is also Class C (≥6 months, ≥$2,100, 8-year suspension). OUI causing serious injury is Class C (≥6 months, ≥$2,100, 6-year). OUI causing death or any OUI after a prior felony OUI or OUI-homicide conviction is a Class B crime (≥6 months, ≥$2,100, 10-year) — with a LIFETIME lookback for the prior-felony trigger.

What happens if I refuse the breath test in Maine?

Maine's implied consent law (§ 2521) requires submission to testing — refusal triggers administrative license suspension (275 days first, 18 months second, 4 years third, 6 years fourth+), enhanced mandatory minimums at every tier, AND the refusal IS admissible as evidence at your OUI trial (§ 2521(3)(B)).

What happens if my BAC is 0.15 or higher in Maine?

A BAC of 0.15 or higher triggers a 48-hour mandatory minimum incarceration on a first offense (§ 2411(5)(A)(3)(a)(i)). It is a sentencing enhancement, not a separate charge. The same 48-hour minimum also applies for exceeding the speed limit by 30+ mph, eluding an officer, or having a passenger under 21.

How long do prior OUIs count against me in Maine?

A 10-year window governs tier escalation (first through fourth+). A LIFETIME lookback applies for the Class B trigger: any prior Class B or C OUI conviction, or any prior criminal homicide involving OUI, elevates a new OUI to a Class B crime regardless of when the prior occurred.

What happens if I have a passenger under 21 during an OUI in Maine?

A passenger under 21 triggers a 48-hour mandatory minimum on a first offense (§ 2411(5)(A)(3)(a)(iv)) AND an additional 275-day license suspension at ANY tier (§ 2411(5)(G)).

What is Maine's under-21 BAC rule?

Maine's under-21 rule is an administrative license condition, not a criminal charge. A juvenile provisional license (29-A M.R.S.A. § 2472) is conditioned on operating with an alcohol level of not more than 0.00 — any detectable amount above zero triggers the Secretary of State to suspend the license without a preliminary hearing (§ 2472(3)(B)): 1 year for a first offense, 2 years for a second (§ 2472(3-A)), or 18 months/30 months for a test refusal (§ 2472(4)), plus an additional 180 days if a passenger under 21 was present. If the driver is also 0.08+ or impaired, the criminal § 2411 OUI applies as it would to an adult.

How long will my license be suspended after a Maine OUI?

Court-ordered suspension periods: first offense 150 days (425 with passenger under 21); second 3 years; third 6 years; fourth+ 8 years; OUI causing death 10 years. A separate administrative refusal suspension applies if you refused testing: 275 days through 6 years by refusal count.

Sources

17-A M.R.S.A. § 1604 — Imprisonment for crimes other than murder (Maine Legislature) — Accessed July 7, 2026
17-A M.R.S.A. § 1704 — Maximum fine amounts authorized for convicted individuals (Maine Legislature) — Accessed July 7, 2026
29-A M.R.S.A. § 2411 — Criminal OUI (Maine Legislature) — Accessed July 7, 2026
29-A M.R.S.A. § 2472 — Juvenile provisional license (Maine Legislature) — Accessed July 7, 2026
29-A M.R.S.A. § 2521 — Implied consent to chemical tests (Maine Legislature) — Accessed July 7, 2026

Maine OUI Laws

Frequently asked questions

Sources

Related states