DUI & DWI in Maine

In Maine, the Blood Alcohol Content (BAC) limit is set at:

0.08%  – for drivers over 21 years of age

0.04%  – for commercial drivers (CDL)

0.02%  – for drivers under 21 years of age

Having a license in the state of Maine automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked for: 275 days for the 1st offense, 18 months if you refuse a 2nd time, 4 years for 3rd time, and 6 years if you refuse for the 4th time. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!

If you are over 21 years old:

1. You can apply for early license reinstatement and drive an ignition interlock device for your 2nd or 3rd OUI offense provided you meet the conditions after 9 months for 2nd offense, after 3 years for 3rd offense, and after the total suspension period is over for 4th and subsequent offense.
2. You will have to pay a $30 surcharge on behalf of the aggravated punishment category. The amount is $125 if you operated or tried to operate a motor vehicle while under the influence of drugs or a combination of drugs and liquor.

• Your vehicle may be seized or you may have to forfeit your vehicle. Your vehicle may be seized and kept for at least 8 hours. You will have to bear towing and storage costs.

• Imprisonment for at least 48 hours for BAC of 0.15% and above (96 hours if you refuse to submit to a test).
• Minimum fine of $500 ($600 if you refuse to submit to a test).
• Points will be added to your driving record.
• Your license will be suspended for 90 days.
• You may be eligible to apply for a Work Restricted License if you meet the requirements.

(within 10 years) “multiple offender”

• Imprisonment for minimum of 7 days (12 days if you refuse to submit to a test).
• Minimum fine of $700 ($900 if you refuse to submit to a test).
• Points will be added to your driving record.
• Your license will be revoked for 3 years.
• You may be eligible to apply for a Work Restricted License if you meet the requirements.
• The court may suspend your right to register a vehicle.
• You will have to undergo the drug and alcohol program of the Department of Health and Human Services, Office of Substance Abuse.

(in 10 years) “multiple offender”

• Is treated as a Class C crime.
• Imprisonment for a minimum 30 days (40 days if you refuse to submit to a test).
• A minimum fine of $1,100 ($1,400 if you refuse to submit to a test).
• Points will be added to your driving record.
• Your license will be suspended for a 6 years.
• You may be eligible to apply for a Work Restricted License if you meet the requirements.
• The court may suspend your right to register a vehicle.
• You will have to undergo the drug and alcohol program of the Department of Health and Human Services, Office of Substance Abuse.

in 10 years “habitual offender”

• Is treated as a Class C crime.
• Imprisonment minimum 6 months (6 months and 20 days if you refuse to submit to a test).
• A fine of $2,100 ($2,500 if you refuse to submit to a test).
• Points will be added to your driving record.
• Your license will be suspended for 6 years.
• You may be eligible to apply for a Work Restricted License if you meet the requirements.
• The court may suspend your right to register a vehicle.
• You will have to drive with an Ignition Interlock Device for 4 years after your suspension ends.
• You will have to undergo the drug and alcohol program of the Department of Health and Human Services, Office of Substance Abuse.

• Points will be added to your driving record and your license suspended or revoked, if you are convicted under the “Minor In Possession/Other Alcohol Offenses Law” – trying to purchase, possessing or having purchased any intoxicant; or being intoxicated using alcohol, drugs or other intoxicants; or having a BAC higher than 0.02% while driving.
• The Juvenile Provisional license may be suspended for 1 year after the 1st conviction, for 2 years after the 2nd conviction, and for a full year following the 3rd or subsequent conviction.
• There is an additional suspension of 275 days if you are accompanied by a minor under 21 years old at the time of the offense.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

• Points will be added to your driving record and you will be barred from driving a commercial vehicle for 1 year for your 1st offense, if you are convicted for your BAC being higher than 0.04%. The arresting officer will also issue you an “out-of-service” order valid for 24 hours if there is any detectable alcohol amount of below 0.04%.
• You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
• You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

Maine laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

• The driver is age 21 and over and is driving with BAC 0.08% or more.
• The driver is under age 21 and is driving with BAC 0.02% or more.

If you are arrested for DUI/DWI, the arresting officer will confiscate your Maine driver license, complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the Secretary of State. The driver can schedule an administrative hearing within 10 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous 5-year driving record. You may be eligible to apply for a Work Restricted License if you meet the requirements. The suspension or revocation begins 10 days after the final order of the hearing officer is mailed from the Secretary of State.

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Bureau of Motor Vehicles, once the period of suspension or revocation is over. Reinstating a license after a suspension of 1 year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

• To complete the reinstatement requirements, you must prove that you have successfully completed the other drug and alcohol program of the Department of Health and Human Services, Office of Substance Abuse or a comparable program (the agency will send the proof to the BMV once you have completed the program), pay the reinstatement fee of $50, and maintain proof of financial responsibility as required by filing SR-22.
• You may be eligible for driving with an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive provided you meet the conditions.
• You can submit the reinstatement application and fees in person at a Bureau of Motor Vehicles office near you. The money order or check must be made payable to the Secretary of State. You can call (207) 624-9000 Ext. 52100 for information about revocation or suspension or write to the following address:

Bureau of Motor Vehicles

Driver License Services Division

29 State House Station

Augusta, Maine 04333-0029