Portland Maine OUI Criminal Penalties

Criminal Penalties
The State of Maine treats OUI offenders harshly and these are cases not to be taken lightly. If you are convicted of an OUI in Maine, you face some rather stiff penalties. Please keep in mind that these penalties are mandatory minimum penalties. That means they are the minimum penalties provided by statute, none of which may be suspended by the Judge. Misdemeanor OUIs (Class D crimes) can be punished by up to 364 days in jail and a fine of up to $2,000.00. Class C OUIs, which can be charged if you have two prior OUI convictions within a ten year period, carries a maximum prison term of five (5) years and a maximum fine of $5,000.00.

• A. For a person having no previous OUI offenses within a 10-year period, which is a Class D crime:
• 1. A fine of not less than $500, except that if the person failed to submit to a test, a fine of not less than $600;
• 2. A court-ordered suspension of a driver's license for a period of 90 days; and
• 3. A period of incarceration as follows:
  • a. Not less than 48 hours when the person:
  • i. Was tested as having a blood-alcohol level of 0.15% or more;
  • ii. Was exceeding the speed limit by 30 miles per hour or more;
  • iii. Eluded or attempted to elude an officer; or
  • iv. Was operating with a passenger under 21 years of age; and
  • b. Not less than 96 hours when the person failed to submit to a test at the request of a law enforcement officer.
• B.For a person having one previous OUI offense within a 10-year period, which is a Class D crime:
• 1. A fine of not less than $700, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $900;
• 2. A period of incarceration of not less than 7 days, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 12 days;
• 3. A court-ordered suspension of a driver's license for a period of 18 months; and
• 4. In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle.
• C.For a person having 2 previous OUI offenses within a 10-year period, which is a Class C crime:
• 1. A fine of not less than $1,100, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $1,400;
• 2. A period of incarceration of not less than 30 days, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 40 days;
• 3. A court-ordered suspension of a driver's license for a period of 4 years; and
• 4. In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle.
• D.For a person having 3 or more previous OUI offenses within a 10-year period, which is a Class C crime:
• 1. A fine of not less than $2,100, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $2,500;
• 2. A period of incarceration of not less than 6 months, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 6 months and 20 days;
• 3. A court-ordered suspension of a driver's license for a period of 6 years; and
• 4. In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle.
• E.In addition, the court shall order an additional period of license suspension of 275 days for a person sentenced under paragraph A, B, C, D if the person was operating the motor vehicle at the time of the offense with a passenger under 21 years of age.