Maine DUI/DWI Laws: Penalties, Court Process, and Records

In Maine, the official term is OUI (Operating Under the Influence), though DUI and DWI are often used informally. The state enforces strict impaired driving laws with automatic license suspensions for drivers, paying mandatory fines, and escalating penalties for repeat offenders.

What Is an OUI (DUI/DWI) in Maine?

According to Section 24.11 of the Maine Revised Statutes, OUI occurs when a person operates a motor vehicle while:

• Under the influence of intoxicants such as illegal drugs, prescription medication, marijuana, or other banned substances
• Having an excessive blood alcohol concentration (BAC) of 0.08% or a combination of alcohol and other intoxicants.

It is a crime for individuals under 21 years old to be found operating or attempting to operate a motor vehicle with any BAC level in their body. Consequently, they will lose their license for one year. If they refuse to take a test, they will lose their license for at least 18 months.

OUI Penalties in Maine

Maine enforces harsh penalties for OUI, even for first-time offenders. The state views OUI as a strict-liability crime and applies the 10-year look-back period to repeat offenses. Typical penalties for OUI in Maine include:

• First OUI Offense (Class D misdemeanor):
  • Minimum of 150-day suspension of the driver's license
  • Fine of at least $500
  • 48 hours to 90 days in jail if aggravating factors exist (e.g., BAC ≥0.15%, excessive speeding over 30 m.p.h., attempting to elude an officer, or having a passenger who is under 21 years of age)
  • A 96-hour jail sentence may be imposed if the driver refuses a test, which could result in a loss of driver’s license for at least 275 days.
• Second OUI Offense (within 10 years, Class D misdemeanor):
  • Minimum 7 days in jail
  • Fine of at least $600
  • Mandatory ignition interlock device (IID) after reinstatement
  • License suspension for 3 years
  • May be prohibited from obtaining a work-restricted license or from registering a vehicle.
• Third OUI Offense (Class C felony):
  • Sentenced to jail between 30 days and 4 years
  • Fine of at least $1,000
  • License suspension for 6 years
  • IID required for reinstatement
• Fourth or Subsequent OUI Offense (Class C felony):
  • Minimum 6 months in jail
  • Fine of at least $2,000
  • License suspension for 8 years
  • IID required for reinstatement

If an OUI crime causes serious injury or leads to death, penalties may increase substantially to long-term imprisonment and permanent license revocation.

DUI Arrest and Court Process in Maine

In Maine, once an individual is arrested for OUI, the Secretary of State will immediately suspend the individual's license. This administrative suspension takes effect before any court appearance, so while an individual is waiting for their court appearance, they will not be permitted to drive. In summary, a review of the arrest and court processes for DUI in the state is listed below:

1. Traffic Stop and Arrest – Any law enforcement officer, whether on duty or off duty, may conduct field sobriety and chemical tests to determine the driver's level of intoxication. Refusal by the driver to take the test may result in automatic license suspension under Maine’s implied consent law.
2. Booking and Charges – The accused is then processed, fingerprinted, and charged.
3. Administrative License Suspension – The Secretary of State imposes an immediate suspension on the accused driver’s license, which may later be contested at a court hearing.
4. Arraignment – The defendant appears in court, hears the charges, and enters a plea of guilty or not guilty.
5. Pre-Trial Hearings – Defense attorneys may challenge evidence or negotiate plea agreements on behalf of the defendant.
6. Trial – If no resolution is reached, the case then proceeds to trial.
7. Sentencing – Upon conviction of the accused, penalties may include jail, fines, suspension, IID, and court-ordered treatment.

How to Search for DUI/OUI Records in Maine

In Maine, OUI records usually show the blood alcohol concentration levels, conviction status, penalties, and license restrictions. Since OUI records are listed as public records in Maine, individuals may access the records through specific agencies, such as:

• Court Records Portal (Courts eFile or Odyssey system): The Maine Judicial Branch provides a new online portal that enables individuals to view court records, including OUI cases, by entering the offender’s name or docket number.
• Maine Bureau of Motor Vehicles (BMV): Maintains driver histories, including OUI convictions, suspensions, and IID requirements. Drivers may request their own record.
• Clerk of Court Offices: Individuals may visit the appropriate court to request certified copies of OUI judgments, case files, and sentencing records from the clerk of court.
• Maine State Bureau of Identification (SBI): Offers statewide criminal history checks for authorized purposes.
• Third-Party Background Check Services: Some websites or agencies may list OUI records, but they may lack complete accuracy.

How Long Does a DUI Stay on Your Record in Maine?

An OUI conviction in Maine remains for long periods. In general, they may affect:

• Criminal Record: An OUI conviction is permanent. Maine laws do not allow the expungement of an OUI conviction, but they may allow the sealing of certain criminal records.
• Driving Record: OUI convictions remain on a Maine driving record for life, though they count toward sentencing for 10 years under the look-back period.
• Insurance and Employment: An OUI conviction may raise insurance premiums for 5–10 years, and employers may see it permanently when they run a background check, unless they are sealed.

The State of Maine enforces tough OUI penalties, with mandatory license suspensions and jail time for repeat offenders. The state uses OUI as its official term, but DUI and DWI are commonly used in practice. Records are publicly accessible through the Maine courts, District Attorney Offices, Police Stations, andBMV. The convictions remain a stain permanently on criminal records and for life on driving records. For drivers, employers, and researchers, understanding Maine’s OUI laws is critical due to the severe and lasting consequences of an OUI conviction.