First OUI Penalties in Maine (2026)
Complete guide to what happens when you get your first OUI in Maine — jail time, fines, license suspension, and what you can do about it.
Understanding First-Offense OUI in Maine
A first-offense OUI in Maine is classified as a Class D crime. While this is the least severe OUI charge, the consequences are still significant and can affect your life for years. Maine uses a 10-year lookback period, meaning any subsequent OUI within that window will be treated as a repeat offense with harsher penalties.
Maine uses the term OUI (Operating Under the Influence). The state has zero tolerance for drivers under 21. The BAC (Blood Alcohol Concentration) limit in Maine is 0.08% for standard drivers, 0.04% for commercial drivers, and 0.00% for drivers under 21. Being at or above these limits creates a "per se" OUI charge — the prosecution does not need to prove impairment.
Penalties Breakdown
What Happens After a First OUI Arrest in Maine
After being arrested for a first OUI in Maine, you will face two separate proceedings: a criminal court case and an administrative license suspension through the DMV. Maine has implied consent laws, meaning you automatically consent to chemical testing by driving on state roads. Refusing a test triggers additional penalties.
The criminal case will determine whether you are convicted and what sentence you receive. Meanwhile, the DMV will independently suspend your license. In many cases, you have only 10 to 30 days to request a DMV hearing to challenge the suspension. Missing this deadline means an automatic suspension.
How a OUI Attorney Can Help
An experienced OUI attorney in Maine can challenge the traffic stop, question the accuracy of breath or blood tests, negotiate reduced charges (such as a "wet reckless"), protect your driving privileges, and minimize the long-term impact on your record. Attorney fees for a first OUI typically range from $2,000 to $5,000, but the savings in reduced penalties and protected employment can be far greater.
Unfortunately, Maine does not allow OUI expungement. This makes it even more important to fight the charges or negotiate a reduction with an experienced attorney.
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Official Sources
DUIFinders.com is not a law firm and does not provide legal advice. Information is for general purposes only.
Frequently Asked Questions
What is the penalty for a first OUI in Maine?
A first OUI in Maine is classified as a Class D crime. Penalties include Up to 364 days (48 hours mandatory if BAC ≥ 0.15%) jail time, $500+ in fines, and 150-day suspension.
Will I go to jail for a first OUI in Maine?
Maine does not have mandatory minimum jail for a first OUI, but the judge can sentence up to Up to 364 days (48 hours mandatory if BAC ≥ 0.15%).
How much does a first OUI cost in Maine?
Court fines alone are $500+, but total costs including attorney fees, classes, insurance increases, and IID installation typically range from $10,000 to $25,000.
Will I lose my license for a first OUI in Maine?
Yes. A first OUI in Maine results in 150-day suspension. You may be eligible for a restricted license with an ignition interlock device.
Can a first OUI be expunged in Maine?
No, Maine does not currently allow OUI expungement.