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DUI & DWI in Maine

If you’ve been arrested for OUI in Maine, you may want to just hide your head in the sand. We understand. It’s stressful, embarrassing, and scary to be arrested for drunk driving. However, just because you’re arrested doesn’t mean you’re guilty – and it certainly doesn’t mean you’re not entitled to a zealous defense.

We think this article and a Maine DUI OUI attorney can help. It would be in your best interests to read on as we briefly summarize:

  • Maine OUI Laws
  • Maine OUI Punishments
  • Potential OUI Defenses
  • Maine’s Other Drunk Driving and Alcohol Laws
  • How to Find a Maine OUI Defense Lawyer

When is a Driver Considered to be Legally Drunk in Maine?

Maine drunk driving laws are found in The Maine Revised Statutes. The law explains drunk driving. For example:

  • The Maine Blood Alcohol Content (BAC) measure for adult non-commercial drivers is .08 or higher.
  • Maine has a zero tolerance policy for under age 21 drivers. Just one drop of alcohol in the system and the driver is drunk driving.
  • The illegal BAC mark for commercial drivers (including school bus drivers) is.04 or higher.

Depending on your size, just one or two drinks can easily put you over the legal limit; and, if you’re driving unsafely, you can be arrested for OUI under these BAC limits.

What is Maine’s Punishment for OUI Convictions?

Your OUI defense attorney will fight to get you the minimum OUI penalties if you are convicted. Here are the punishment ranges:

  • 1st DUI Conviction: Up to 3 years in jail – fine of $500- loss of commercial license – loss of regular drivers license for 90 days.
  • 2nd DUI Conviction within 10 Years: Jail time of 7 days to 3 years or at least 42 hours of community service – fine of at least $700 – loss of commercial license – alcohol program – loss of drivers license for 18 months.
  • 3rd DUI Conviction within 10 years: Jail time of 3 to 5 years – fine of at least $1,100 – driver’s license suspension of 4 years – loss of commercial license- alcohol program.

NOTE: Penalties are increased if you are driving with a person under age 21 in your car, you were driving 30 miles or more above the speed limit, you attempted to elude a police officer, or your BAC was .15 or higher when you’re arrested for OUI.

In addition, if you are a school bus driver and you were arrested for OUI while driving the bus, you will lose your school bus driving privileges forever – if you were driving another vehicle, you will lose your license for 3 or more years.

Maine Drunk Driving Defenses

As we mentioned immediately above, your DUI defense attorney will seek to have the minimum punishments doled out if you are convicted. He or she will point out mitigating factors such as a clean driving record, a BAC very close to the limit, and safe driving.

  • However, of course, the first effort will be to have the charges dropped or have you found innocent of the OUI charges.
  • And the second effort will be to get the OUI charges reduced to a lesser charge.

Mistakes with the original traffic stop, BAC testing, arrest, detainment, or trial, may be a complete defense.

Maine’s Other Drunk Driving and Alcohol Laws

Maine’s Liquor Control Law
A licensed drinking establishment such as a restaurant, bar, tavern, or pub needs to know who it’s serving. If the establishment negligently or recklessly serves alcohol to an underage or intoxicated person and injury results, financial compensation can be successfully sought.

Maine’s Providing Alcohol to Underage Persons Law
It’s illegal to allow an under age 21 person to drink in your home or to furnish any other place for him or her to drink. It’s also illegal to furnish alcohol to underage persons.

Jail time and fines are the punishments.

Maine’s Providing Alcohol to Intoxicated Persons Law
You may be handed a $500 fine if you furnish alcohol to someone who is visibly intoxicated.

How to Find a Maine DUI Attorney

We know being arrested for OUI is really difficult, but don’t hide from it. You may not even be guilty. It’s always in your best interests to consult with a qualified OUI defense attorney. To find a Maine DUI lawyer, search our website,, or ask friends or the bar association for a referral.

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