Maine Operating Under the Influence Law
In common with many other States, an OUI arrest in Maine will lead to two cases being brought against the defendant, a criminal case and a Maine Bureau of Motor Vehicles case. If you have been arrested for OUI in Maine, you have only 10 days in order to apply for a hearing at the Maine Bureau of Motor Vehicles in order to retain your driver's license. It is therefore essential that you contact a Maine OUI lawyer as soon as possible.
Operating under the influence of alcohol or drugs in Maine is defined as being impaired in the slightest degree by the presence of alcohol or drugs in the blood system. The refusal to provide a sample is admissible as evidence of a person operating under the influence, and will also lead to increases in the value of fines and incarceration.
| Conviction | Punishment |
| First | Minimum 90 day license suspension and $400 fine. If BAC exceeds 0.14%, refusal to provide a sample, presence of passenger under 21 there is a minimum four day jail term and $600 fine. |
| Second | Minimum 7 day jail sentence, 12 days if there is a refusal, a $600 fine increased to $800 for a refusal and 18 month license suspension |
| Third | Minimum 30 day jail term, 40 days for refusal to provide a sample, $1000 fine increased to $1300 for a refusal and a 4 year suspension of license. |
| Fourth | A fourth offense is a felony, as is any offense involving serious injury or death. 5 year prison sentence, with a minimum of 6 months - six months and 20 days for a refusal, minimum fine of $2000 increasing to $2400 for a refusal and a 6 year suspension of license. |
| Causing death | Maximum of 20 years in prison, $20000 fine and lifetime suspension of license. |
Contact your Portland DUI lawyer