Maine OUI Laws: Penalties, BAC Limit & License (2026)

In Maine the offense is called operating under the influence (OUI), and 29-A M.R.S. § 2411 makes it a crime to operate a motor vehicle while under the influence of intoxicants or with an alcohol level of 0.08 grams or more. A first OUI is a Class D crime punishable by a fine of at least $500 and a 150-day license suspension.

This guide is part of our DUI Laws by State series.

What counts as an OUI in Maine

Maine's core impaired-driving statute, 29-A M.R.S. § 2411, defines operating under the influence two ways: operating while under the influence of intoxicants, or operating with an alcohol level of 0.08 grams or more per 100 milliliters of blood or 210 liters of breath. The base offense is a Class D crime, and the per se branch is a strict-liability offense, so a driver at or above 0.08 can be convicted without separate proof of impairment. Drivers under 21 face a true zero-tolerance rule: under Maine law their license carries the condition that they not operate with an alcohol level of more than 0.00, so any measurable amount triggers a suspension. Commercial drivers are held to a 0.04 standard under the commercial-license rules, consistent with the federal CDL benchmark. The 0.08 figure is the federal standard adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration describes.

First-offense OUI penalties in Maine (jail, fines, suspension)

A first OUI is a Class D crime. 29-A M.R.S. § 2411(5) provides for a fine of not less than $500, or not less than $600 if the person failed to submit to a test, and a court-ordered license suspension of 150 days. There is no mandatory jail on a clean first offense, but the statute imposes a mandatory minimum of 48 hours when the person tested at 0.15 or more, was exceeding the speed limit by 30 mph or more, eluded or attempted to elude an officer, or was operating with a passenger under 21. A first offender who refused the test faces a mandatory minimum of 96 hours. These minimums cannot be reduced below the stated terms.

Watch out: The Maine Bureau of Motor Vehicles administrative suspension and the criminal court case run on separate tracks. You can resolve the criminal case and still face a license suspension from the BMV, so both the court matter and the BMV suspension need attention.

Ignition interlock requirements in Maine

Maine treats the ignition interlock device as a voluntary way to shorten a suspension rather than an automatic mandate. Under 29-A M.R.S. § 2508, a person whose license is suspended for a first OUI may apply to reinstate after 30 days of the suspension have been served if an approved interlock device is installed for the remaining suspension period. The statute uses permissive language, so the device is an early-reinstatement option, not a separate requirement, and the same framework applies, with longer installation periods, to repeat offenders. Maine also provides a fee reduction of at least 50 percent for drivers at or below 150 percent of the federal poverty guidelines. The device requires a breath sample before the engine starts and at random points while driving.

License suspension and the administrative (ALS) process in Maine

Maine runs two suspension systems at once. The Maine Bureau of Motor Vehicles imposes an administrative suspension separate from the court case. A first-offense administrative suspension is 150 days, reducible to as little as 30 days with an interlock device, while a refusal is 275 days. The BMV publishes the longer tiers for repeat offenders: three years for a second offense, six years for a third, and eight years for a fourth, each with interlock reductions. All fines and fees must be paid before reinstatement, and second and subsequent offenders must show proof of insurance.

Repeat offenses and the Maine look-back period

Maine uses a 10-year look-back period. The offense tiers in 29-A M.R.S. § 2411 escalate a case based on prior OUI offenses within a 10-year period, and a separate section, 29-A M.R.S. § 2402, sets out how that window is measured: a prior conviction or action falls within the 10-year period if the date of the action, or the date the sentence was imposed, is 10 years or less from the date of the new conduct. The window therefore closes on the date of the new offense, not on the date of a later conviction for it. A first offense and a second offense within 10 years are both Class D crimes, with the second carrying mandatory jail of at least seven days and a three-year suspension. The felony-level threshold sits at the third offense: a person with two prior OUI offenses within 10 years commits a Class C crime, which in Maine is punishable by up to five years and is treated as felony-level. A fourth or subsequent offense within 10 years is also a Class C crime with longer mandatory minimums. OUI causing serious bodily injury is a Class C crime, and OUI causing death is a Class B crime.

Watch out: Refusing the breath or blood test in Maine carries a longer license suspension than failing it, 275 days instead of 150 days, and it adds a 96-hour mandatory minimum jail term on a first offense. The refusal is also admissible against you at trial.

Refusing a breath or blood test in Maine

Maine's implied consent law, in 29-A M.R.S. § 2521, provides that a person who operates a motor vehicle is deemed to have given consent to a chemical test when there is probable cause to believe the person operated under the influence. A driver who refuses faces a longer administrative suspension: 275 days on a first refusal, 18 months on a second, four years on a third, and six years on a fourth. The statute makes evidence of a refusal admissible at trial, and a refusal triggers the 96-hour mandatory minimum jail term carried in the OUI sentencing statute. Because the refusal suspension is substantially longer than the suspension for failing the test, refusing usually makes the license consequences worse rather than better.

Can you expunge or seal an OUI in Maine

Maine does not offer expungement of adult criminal convictions, which makes an OUI especially difficult to remove from the record. The Maine Judicial Branch explains that the state does not have expungement, and the older expungement statute has been repealed. A limited sealing process that took effect in 2024 applies only to certain Class E crimes, along with narrow marijuana and prostitution categories. Because an OUI is a Class D or Class C crime, it does not qualify for that sealing process. As a practical matter, an OUI conviction in Maine stays on the criminal record, which is a meaningful difference from states that allow misdemeanor expungement or sealing after a waiting period. Charges that were dismissed or that ended in acquittal are handled differently from convictions.

What to do after an OUI arrest in Maine

A Maine OUI creates two separate matters: a criminal case in court and an administrative license case at the Bureau of Motor Vehicles. The deadlines move quickly, so many people address the BMV suspension promptly, including any request for a hearing, while the criminal case proceeds on its own schedule from arraignment through resolution. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. If refusal or an aggravating factor brings a mandatory minimum into play, have a Maine OUI attorney walk through the court case and the interlock option in a free consultation (attorney advertising). Keep the summons, the arrest paperwork, and any test results in a safe place.

More Maine Laws

• Maine Expungement Laws
• Maine Warrant Search

Frequently Asked Questions

Is it OUI or DUI in Maine?

Maine's legal term is OUI, operating under the influence, under 29-A M.R.S. 2411. DUI and DWI are informal or out-of-state names for the same offense. The offense covers driving while under the influence of intoxicants or with an alcohol level of 0.08 or more.

What is the BAC limit in Maine?

The per se limit is 0.08 alcohol level for drivers 21 and older under 29-A M.R.S. 2411. Commercial drivers are limited to 0.04, and drivers under 21 face a 0.00 zero-tolerance limit, meaning any measurable amount of alcohol triggers a suspension.

How long do you lose your license for a first OUI in Maine?

A first OUI carries a 150-day license suspension. Installing an ignition interlock device can reduce that, allowing reinstatement after 30 days. If you refused the chemical test, the suspension is 275 days instead.

Will I go to jail for a first OUI in Maine?

There is generally no mandatory jail on a clean first offense. A mandatory minimum of 48 hours applies if your BAC was 0.15 or more, you were going 30 mph or more over the limit, you eluded an officer, or you had a passenger under 21, and 96 hours if you refused the test.

When does a Maine OUI become a felony?

An OUI rises to a Class C crime, which is felony-level in Maine, on the third offense within 10 years. An OUI causing serious bodily injury is Class C, and an OUI causing death is a Class B crime.

What happens if you refuse a breathalyzer in Maine?

Under implied consent in 29-A M.R.S. 2521, refusing the test results in a 275-day license suspension on a first offense, longer than the 150-day suspension for failing. The refusal is admissible at trial and adds a 96-hour mandatory minimum jail term.

Can you get an OUI expunged in Maine?

No. Maine does not have expungement for adult convictions, and the limited 2024 sealing process applies only to certain Class E crimes. Because an OUI is a Class D or Class C crime, it stays on the criminal record.

What is the look-back period for OUI in Maine?

Maine uses a 10-year look-back period built into the offense tiers of 29-A M.R.S. 2411. Prior OUI offenses within 10 years escalate a later case, raising it to a Class C crime on the third offense within that window.