Maine DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense §29-A-2411
A first OUI in Maine is classified as a Class D crime (misdemeanor).
- Jail: 0 days (no mandatory minimum for first offense without aggravating factors) minimum to 364 days maximum
- Fine: $500 to $2,000
- License suspension: 150 days
- Substance abuse program: alcohol and drug assessment required; Driver Education and Evaluation Program (DEEP)
- Community service: court may order community service
- Probation: available
Second offense
- Jail: 7 days minimum to 364 days maximum
- Fine: $700 to $2,000
- License suspension: 3 years
Third and subsequent offenses
- Jail/prison: 30 days minimum to 5 years maximum
- Fine: $1,100 to $5,000
- License suspension: 6 years
- Felony threshold: third offense within 10 years is a Class C felony (up to 5 years prison); felony OUI if death results (§ 2411(1-A))
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First OUI | 0 days (no mandatory minimum for first offense without aggravating factors)–364 days §29-A-2411 | $500–$2,000 §29-A-2411 | 150 days §29-A-2411 | |
| Second OUI | 7 days–364 days §29-A-2411 | $700–$2,000 §29-A-2411 | 3 years §29-A-2411 | |
| Third OUI | 30 days–5 years §29-A-2411 | $1,100–$5,000 §29-A-2411 | 6 years §29-A-2411 |
Lookback period
Maine uses a 10 years Lookback period to determine how prior offenses affect sentencing. Only OUI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors
- BAC ≥ 0.15 (mandatory 48-hour jail minimum for first offense)
- Excessive speed (30+ mph over limit)
- Passing a school bus
- Eluding officer
- Child under 21 in vehicle
- Wrong way driving
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.