Maine has one of the toughest O.U.I. laws in the nation. Your license can be suspended before you ever see a judge, and refusing a test makes things worse, not better.
Alcohol level (grams per 100 ml of blood or 210 liters of breath) that is criminal O.U.I.
Handbook p. 31 ↗Know the rule
After an O.U.I. arrest, the Secretary of State immediately suspends your license based solely on the police report and alcohol test result, before any court appearance.
Handbook p. 31 ↗Breath alcohol concentration (BrAC)
Grams of alcohol per 210 liters of breath. It depends on how much you drank, the time your body needs to eliminate it, and your weight.
Handbook p. 31 ↗Know the rule
The officer gives a breath test (Sobermeter or Intoxilizer) unless that's unreasonable; then you must take a blood test, which a physician of your choice may give if reasonably available. Results are accepted in all courts.
Handbook p. 31 ↗Implied consent
By driving in Maine you automatically consent to a test whenever authorities ask. You won't be forced, but refusing brings immediate suspension.
Handbook p. 31 ↗Administrative suspension for refusing a test (no court action needed)
Handbook p. 31 ↗Know the rule
An officer's testimony about your driving can bring an O.U.I. conviction even without a test result. You must also submit to a drug test if there is probable cause of drug impairment.
Handbook p. 31 ↗Know the rule
The administrative suspension stands even if you are later found innocent. If convicted, a refusal is an aggravating factor and adds another suspension.
Handbook p. 32 ↗First O.U.I. conviction
| Situation | Minimum penalty | License loss |
|---|---|---|
| Alcohol level 0.08 to 0.14 | $500 fine ($600 with refusal) | At least 150 days |
| Any aggravating factor below | 48 hours in jail (96 if you refused) | At least 150 days |
Aggravating factors that bring the jail penalty:
- Alcohol level of 0.15 or more
- Traveling 30 mph or more over the speed limit
- Attempting to elude an officer
- Refusing to take an alcohol test
- Having a passenger under 21 in the vehicle
Know the rule
Every first-offense penalty also includes a license reinstatement fee and an alcohol and other drug education and treatment program.
Handbook p. 32 ↗Know the rule
Second and later O.U.I. offenders must show proof of liability insurance before reinstatement. Maine offers an ignition interlock program for O.U.I. offenders.
Handbook p. 32 ↗Know the rule
There is no work or limited license during the minimum O.U.I. suspension period.
Handbook p. 32 ↗Put it into practice
A driver stopped at 0.16 who refuses the breath test faces immediate administrative suspension for refusing, and if convicted at least 96 hours in jail and a 150-day suspension. Taking the test would have cut the minimum jail time in half.