DWI/DUI/OWI - Drunk Driving Laws And Attorneys In Maine
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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DWI/DUI /OWI- Drunk Driving Laws And Penalties In
Maine
In Maine, if you are driving a motor vehicle with a blood alcohol content of
.08% or more, you are guilty of a criminal offense known as Operating
Under the Influence (OUI). Following your arrest, based solely on the
police report and blood alcohol content (BAC) test results, the Secretary
of State will immediately suspend your license.
Implied Consent Law
It is important for Maine drivers to remember that a driver's license is not
a right guaranteed under our Constitution. It is a privilege that is
administratively issued and can be withdrawn by the State. Under
Implied Consent, you automatically agree to a chemical test (blood,
breath, or urine) at any time authorities have probable cause to
administer it. If you refuse to take such a test for alcohol or drugs, your
driver's license will be immediately suspended. The suspension could
be for a period of up to six years. Because it is an administrative
suspension, no court action is necessary. In addition, testimony from
the arresting officer regarding your driving performance can result in an
OUI conviction even without the BAC test!
If you are found guilty of OUI based on the police officer's testimony, your
refusal to take a test will be considered as an aggravating factor by the
judge and another suspension, as well as mandatory jail time, will be
tacked on. So by refusing, you will have a much harsher penalty than if
you'd taken the test.
Zero Tolerance Law
If you are under 21 years of age and are found operating, or attempting
to operate, a motor vehicle with any measurable amount of alcohol in
your body, you will lose your license for one year. If you refuse a test, you
will lose your license for at least 18 months. If you have a passenger
under 21 years of age, an additional 180 day suspension will be
imposed.
Drivers under 21 with a BAC of .08% or more can be prosecuted for the
criminal offense of OUI, but the license suspension must be for one
year.
Minimum Court Imposed Penalties
1st Offense (no aggravating factors)-
Suspension - 90 days
Jail - 0
Fine - $400
1st Offense (with aggravating factors)-
Suspension - 90 days
Jail - 48 hrs
Fine - $400
1st Offense with Refusal To BAC Test-
Suspension - 90 days
Jail - 96 hrs
Fine - $500
2nd Offense-
Suspension - 18 months
Jail - 7 days
Fine - $600
2nd Offense with Refusal To BAC Test-
Suspension - 18 months
Jail - 12 days
Fine - $800
3rd Offense-
Suspension - 4 years
Jail - 30 days
Fine - $1000
3rd Offense with Refusal To BAC Test-
Suspension - 4 years
Jail - 40 days
Fine - $1,300
4th or more Offenses-
Suspension - 6 years
Jail - 6 months
Fine - $2000
4th or more Offenses with Refusal To BAC Test-
Suspension - 6 years
Jail - 6 months and 20 days
Fine - $2,400
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.
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.
Conditional Licenses
Reinstated licenses include the condition of not driving after drinking.
After the first conviction, the license is conditional for one year. After any
subsequent conviction, it is conditional for ten years.
A conditional license can be suspended for one year, without a
preliminary hearing, for operating with any amount of alcohol in the
blood. A conditional license can be suspended for a period of two years
for any refusal to submit to a blood-alcohol test, a penalty which will be
added to any suspension previously handed down for an OUI conviction.
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.
Ignition Interlock Device
As a condition of license reinstatement, the Secretary of State may
require a person to have installed in the motor vehicle the person
operates for a period of up to 2 years an ignition interlock device
approved by the Secretary of State.
Driving Under Suspension
If the suspension was for OUI or an OUI offense, the court shall impose
a minimum fine of $600, a term of imprisonment of 7 consecutive days
and a suspension of license of not less than one year nor more than 3
years consecutive to the original suspension. The penalties may not be
suspended.
A. If the person has a prior conviction for violating this section within a 10-
year period and was subject to the minimum mandatory sentences,
then the following minimum penalties, which may not be suspended by
the court, apply in the event the suspension was for OUI:
(1) A minimum fine of $1,000, a term of imprisonment of 30 consecutive
days and a suspension of license for not less than one year nor more
than 3 years consecutive to the original suspension in the event of one
prior conviction;
(2) A minimum fine of $2,000, a term of imprisonment of 60 consecutive
days and a suspension of license for not less than one year nor more
than 3 years consecutive to the original suspension in the event of 2
prior convictions; or
(3) A minimum fine of $3,000, a term of imprisonment of 6 months and a
suspension of license for not less than one year nor more than 3 years
consecutive to the original suspension in the event of 3 or more prior
convictions. The sentencing class for this offense is a Class C crime.
Maine Driver Education and Evaluation Programs For OUI Offenders
The Driver Education and Evaluation Programs (DEEP) are the
Legislatively mandated course under statute (5 MRSA c.521, Sub-c. V)
Operating Under the Influence (OUI) countermeasures programs in the
state of Maine.
Reinstatement Of License
Under Maine law, a person who has his or her license suspended for a
OUI offense must pay a fee of $50 plus the regular license fee, before
the suspension is terminated.
Find DWI/DUI Lawyers And Attorneys In Maine
Maine
In Maine, if you are driving a motor vehicle with a blood alcohol content of
.08% or more, you are guilty of a criminal offense known as Operating
Under the Influence (OUI). Following your arrest, based solely on the
police report and blood alcohol content (BAC) test results, the Secretary
of State will immediately suspend your license.
Implied Consent Law
It is important for Maine drivers to remember that a driver's license is not
a right guaranteed under our Constitution. It is a privilege that is
administratively issued and can be withdrawn by the State. Under
Implied Consent, you automatically agree to a chemical test (blood,
breath, or urine) at any time authorities have probable cause to
administer it. If you refuse to take such a test for alcohol or drugs, your
driver's license will be immediately suspended. The suspension could
be for a period of up to six years. Because it is an administrative
suspension, no court action is necessary. In addition, testimony from
the arresting officer regarding your driving performance can result in an
OUI conviction even without the BAC test!
If you are found guilty of OUI based on the police officer's testimony, your
refusal to take a test will be considered as an aggravating factor by the
judge and another suspension, as well as mandatory jail time, will be
tacked on. So by refusing, you will have a much harsher penalty than if
you'd taken the test.
Zero Tolerance Law
If you are under 21 years of age and are found operating, or attempting
to operate, a motor vehicle with any measurable amount of alcohol in
your body, you will lose your license for one year. If you refuse a test, you
will lose your license for at least 18 months. If you have a passenger
under 21 years of age, an additional 180 day suspension will be
imposed.
Drivers under 21 with a BAC of .08% or more can be prosecuted for the
criminal offense of OUI, but the license suspension must be for one
year.
Minimum Court Imposed Penalties
1st Offense (no aggravating factors)-
Suspension - 90 days
Jail - 0
Fine - $400
1st Offense (with aggravating factors)-
Suspension - 90 days
Jail - 48 hrs
Fine - $400
1st Offense with Refusal To BAC Test-
Suspension - 90 days
Jail - 96 hrs
Fine - $500
2nd Offense-
Suspension - 18 months
Jail - 7 days
Fine - $600
2nd Offense with Refusal To BAC Test-
Suspension - 18 months
Jail - 12 days
Fine - $800
3rd Offense-
Suspension - 4 years
Jail - 30 days
Fine - $1000
3rd Offense with Refusal To BAC Test-
Suspension - 4 years
Jail - 40 days
Fine - $1,300
4th or more Offenses-
Suspension - 6 years
Jail - 6 months
Fine - $2000
4th or more Offenses with Refusal To BAC Test-
Suspension - 6 years
Jail - 6 months and 20 days
Fine - $2,400
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.
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.
Conditional Licenses
Reinstated licenses include the condition of not driving after drinking.
After the first conviction, the license is conditional for one year. After any
subsequent conviction, it is conditional for ten years.
A conditional license can be suspended for one year, without a
preliminary hearing, for operating with any amount of alcohol in the
blood. A conditional license can be suspended for a period of two years
for any refusal to submit to a blood-alcohol test, a penalty which will be
added to any suspension previously handed down for an OUI conviction.
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.
Ignition Interlock Device
As a condition of license reinstatement, the Secretary of State may
require a person to have installed in the motor vehicle the person
operates for a period of up to 2 years an ignition interlock device
approved by the Secretary of State.
Driving Under Suspension
If the suspension was for OUI or an OUI offense, the court shall impose
a minimum fine of $600, a term of imprisonment of 7 consecutive days
and a suspension of license of not less than one year nor more than 3
years consecutive to the original suspension. The penalties may not be
suspended.
A. If the person has a prior conviction for violating this section within a 10-
year period and was subject to the minimum mandatory sentences,
then the following minimum penalties, which may not be suspended by
the court, apply in the event the suspension was for OUI:
(1) A minimum fine of $1,000, a term of imprisonment of 30 consecutive
days and a suspension of license for not less than one year nor more
than 3 years consecutive to the original suspension in the event of one
prior conviction;
(2) A minimum fine of $2,000, a term of imprisonment of 60 consecutive
days and a suspension of license for not less than one year nor more
than 3 years consecutive to the original suspension in the event of 2
prior convictions; or
(3) A minimum fine of $3,000, a term of imprisonment of 6 months and a
suspension of license for not less than one year nor more than 3 years
consecutive to the original suspension in the event of 3 or more prior
convictions. The sentencing class for this offense is a Class C crime.
Maine Driver Education and Evaluation Programs For OUI Offenders
The Driver Education and Evaluation Programs (DEEP) are the
Legislatively mandated course under statute (5 MRSA c.521, Sub-c. V)
Operating Under the Influence (OUI) countermeasures programs in the
state of Maine.
Reinstatement Of License
Under Maine law, a person who has his or her license suspended for a
OUI offense must pay a fee of $50 plus the regular license fee, before
the suspension is terminated.
Find DWI/DUI Lawyers And Attorneys In Maine
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