Maine DUI Penalties, Fines and Suspensions

In the state of Maine, driving under the influence (DUI), is an offense that is punishable by law.  Maine DUI laws shall suspend the driving privileges of any person upon receiving satisfactory evidence of conviction for a charge of driving under the influence (DUI) as required under the laws of Maine.

Maine DUI – statute(s)

• 29-A M.R.S.A. § 2411.

Maine DUI – standard

• “A person commits OUI [operating under the influence] if that person: . . . operates a motor vehicle: . . . [w]hile under the influence of intoxicants.” 29-A M.R.S.A. § 2411(1-A). This is defined as being under the influence of “alcohol, a drug other than alcohol, a combination of drugs or a combination of alcohol and drugs.” 29-A M.R.S.A. § 2401(13). DUI – applicable substances Drugs. “Drugs” is defined as “scheduled drugs as defined under Title 17-A, section 1101” and “any natural or artificial chemical substance that, when taken into the human body, can impair the ability of the person to safely operate a motor vehicle.” 29-A M.R.S.A. § 2401(4). DUI – affirmative defense None.

Maine Per se – statute(s)

Maine Per se – standard

• N/A

Maine Per se – applicable substances

• N/A

Maine Per se – affirmative defense(s)

• N/A

Maine Implied consent – applicable drivers

• A person who operates a motor vehicle. 29-A M.R.S.A. § 2521.
• Implied consent – tests authorized A test to determine the presence of a drug or drug metabolite by analysis of blood, breath or urine. 29-A M.R.S.A. § 2401(3).

Maine Implied consent – basis for test

• LEO must have “probable cause to believe” a person has operated a motor vehicle while under the influence of intoxicants. 29-A M.R.S.A. § 2521(1).
• Test is required if LEO has “probable cause to believe” that “death has occurred or will occur as a result of an accident.” 29-A M.R.S.A. § 2522(1).

Maine Implied consent – evidence of refusal

• Evidence of refusal is admissible at a trial for operating a vehicle under the influence of intoxicants. 29-A M.R.S.A. § 2521(3)(B).

Maine Implied consent – administrative / civil penalty for refusal

• First refusalà driver’s license suspended for 275 days.
• Second refusalà driver’s license suspended for 18 months.
• Third refusalà driver’s license suspended for four years.
• Fourth refusalà driver’s license suspended for six years. 29-A M.R.S.A. § 2521(6).
• Implied consent – criminal penalty for refusal Minimum penalties for conviction are increased (both fine and jail sentence) if the driver refused a chemical test at time of arrest. 29-A M.R.S.A. § 2411(5).

Maine DUI Conviction – administrative / civil penalty (license suspension, use of IID)

• First convictionà driver’s license suspension of 150 days.
• Second conviction within 10 yearsà driver’s license suspension of three years.
• Third conviction within 10 yearsà driver’s license suspension of six years.
• Fourth or subsequent conviction within 10 yearsà driver’s license suspension of eight years. 29-A M.R.S.A. § 2411(5). Conviction – criminal penalties (jail sentence, fines, community service) First convictionà no minimum jail sentence; minimum fine of $500.
• Second conviction within 10 yearsà minimum jail sentence of seven days; minimum fine of $700.
• Third conviction within 10 yearsà Class C crime; minimum jail sentence of 30 days; minimum fine of $1,100.
• Fourth or subsequent conviction within 10 yearsà Class C crime; minimum jail sentence of 6 months; minimum fine of $2,100. 29-A M.R.S.A. § 2411(5).
• Enhanced penalties in cases where an offender commits a violation and causes the death or serious bodily injury of a person. 29-A M.R.S.A. § 2411(5) (D-1), (D-2). Child endangerment Committing a violation while a person under age 21 is a passenger at the time of the offense. M.R.S.A. § 2411(5).

Vehicle Seizure or Forfeiture*

A person operating under the influence while under suspension for a previous OUI, is subject to vehicle seizure and forfeiture, as well as a fine and jail time.

Other Consequences

There are many other consequences to consider as a result of drinking and driving. Here are just a few:

All OUI convictions result in a criminal record, not an asset when applying for a job or college entry.

Overall cost associated with an OUI conviction can reach $7000.

Drinking and driving takes thousands of innocent lives each year. Could you live with yourself?

At present, drunk driving causes more deaths and injuries than any other violent crime: no one, including friends and family, is immune.

Minimum Court Imposed Penalties for OUI (Penalties No Less Than)

*Aggravating factors include a BAC of .15 percent or more, or traveling 30 m.p.h. or more over the speed limit, or attempting to elude an officer of the law, or having a passenger under 21 years of age. The law requires an additional 275 day suspension be imposed by the court or the Secretary of State if transporting a passenger under 21.

**Refusal to be tested results in a loss of license for at least 275 days which is consecutive to any suspension imposed for an OUI conviction.

***A second conviction within ten years prohibits the offender from obtaining a work-restricted license or from registering a vehicle.

Drivers Involved in Fatal Crashes

Every driver involved in a fatal motor vehicle crash, or a crash where a death is likely to occur, must submit to a blood alcohol test. Failure to do so will result in a three year license suspension

If the Secretary of State is satisfied a driver, while under the influence of alcohol or drugs, negligently operated a motor vehicle in such a manner as to cause the death of any person, the Secretary shall immediately suspend the operator’s license for at least three years. This suspension will be in addition to any suspension imposed for refusal to submit to a chemical test.

Moreover, a conviction for vehicular homicide can result in a prison term of up to 30 years and a permanent loss of your driver’s license if alcohol is involved.

*Maine Department of Public Safety, Bureau of Highway Safety

DUI Arrest Statistics and Maine Drunk Driving

* Sources: State Justice Department, Federal Highway Administration