Second Offense OUI in Maine

According to Maine's Operating Under the Influence (OUI) Law (Title 29-A MRSA §2411), a second OUI offense in Maine is subject to investigation, arrest, and penalties. If a person commits an OUI offense, the person is arrested for operating a motor vehicle while having an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath while driving under the influence of intoxicants.

Maine's legislature's penalties for a second OUI offense are more severe than those for first OUI offenses. These penalties include higher fines, driver suspensions, and mandatory jail time. Maine's legislature's perspective on increasing OUI penalties reflects a stricter stance on repeat offenders and the need to ensure that the public is always safe.

Is a 2nd OUI a Felony in Maine?

A second OUI offense in Maine is classified as a Class D misdemeanor. The criminal OUI law in Maine does not directly specify which crimes are felonies and which are misdemeanors. A criminal classification system ranks all crimes from class A to E. Many consider class A, B, and C felonies, while class D and E offenses are classified as misdemeanors.

The state law can elevate a second OUI charge to a felony under certain circumstances, including if:

• The offender has two or more records of previous drunk driving offenses in the past 10 years
• The offender has a prior record of drunk driving offenses, regardless of the amount of time that has passed
• The OUI offense causes a serious bodily injury or death.

What is the Lookback Period for a Second OUI in Maine?

The look-back period refers to the time that should pass after an OUI before the next one is considered a first offense. In Maine, the look-back period for an OUI offense is 10 years. This means the court will only review the last ten years of the defendant's criminal record when calculating prior convictions. At this point, second OUI offenses will move to a felony classification, incurring more serious penalties.

What are Aggravating Factors in a Second OUI?

In Maine, aggravating factors in second OUI are elements that can make a drunk driving case more complicated, increasing penalties. According to the Implied Consent Law of the Department of Public Safety in Maine, examples of the most common aggravating factors include:

• A Blood Alcohol Concentration (BAC) of. 15% or over
• Attempting to avoid the police or an arrest (also applies to hit and run)
• Excessive speeding (driving 30 mph or more over the speed limit)
• Implied consent violation
• Child endangerment (under the legal drinking age)
• Several OUI convictions.

There are sub-aggravating factors that could trigger an increase in charges and penalties. For instance, when a person is accused of OUI in Maine, the police will request for a State-administered chemical sobriety test. If the driver refuses to comply with a lawful request for chemical testing, it will incur 275 days of license suspension for first refusal (§2521).

What Happens If You Get a 2nd OUI in Maine?

The following are potential mandatory penalties a offender could face for a second OUI in Maine:

• Fine of not less than $700, except if the person failed to submit to a test at the request of a law enforcement officer (plus fees and surcharges)
• Jail sentence of not less than seven days
• Court-ordered suspension of the driver's right to register a motor vehicle (§2416)
• License suspension of three years under court order.

How Long Does a Second OUI Stay On Your Record in Maine?

In Maine, a second OUI conviction will permanently remain on a person's record and could attract life long consequences. Beyond mandatory penalties such as a jail sentence and fines, the OUI conviction can limit freedom and ability to drive for a certain period of time. Other unforeseen consequences may include impact on employment, loss of professional license, and immigration issues.

How Much Does a Second OUI Cost in Maine?

The range of fines for a second OUI offense or Class D misdemeanor in Maine is $700 to $2,000. An increase in each fine depends on aggravating factors like failure to conduct a chemical test, BAC of 0.18% or more, or child endangerment. Additionally, a second OUI offense can incur other fines such as:

• A fine of not less than $900 for chemical test refusal
• Surcharge of $30 for a second OUI conviction
• Surcharge of $125 (under the influence of a combination of liquor and drugs)

Chances of Going to Jail for a Second OUI in Maine

A second OUI offense in Maine is a Class D crime, subject to a maximum jail sentence of 364 days or a year. However, other aggravating factors such as a chemical test refusal, child endangerment, injury or death from drunk driving, or BAC of 0.18% or more. For instance, a second OUI offense within ten years carries a mandatory jail sentence of seven days and not less than twelve days for second time refusal offenses. In other cases, a driver who causes the death of another person because of an OUI driving could face up to 30 years in prison.

Driver's License Suspension for a Second OUI in Maine

A second OUI conviction in Maine within a 10-year period may lead to a suspension of driver's license for not less than one year or more than 3 years (§2451). However, the license suspension period may extend due to certain aggravating factors. For example, Maine's Secretary of State (SoS) may impose an additional suspension period of 275 days for any failure to submit to a chemical test. This condition also applies if the person was driving at the time of the offense with a passenger under 21 years of age.

Generally, only first-time OUI offenders can apply for a Maine restricted license that allows one to drive for work throughout an administrative suspension. Restricted licenses are issued under Title 29-A, §2453 or 2472 of the Maine statutes.

Ignition Interlock Device Requirement

The ignition interlock device (IID) is a breathalyzer, which when installed in motor vehicles, locks the engine until the driver registers a zero reading. According to Title 29-A §2508, the license of a person with second OUI offenses may be reinstated after 9 months of the suspension period if the person installs and maintains an ignition interlock device. The Secretary of State has to approve the device in the motor vehicle the person operates for the length of suspension time remaining.

The offender with a reinstated license must make certain payments, including an administrative and reinstatement fee (§ 2486) of $50 each for suspensions to the SoS.

DUI School and Substance Abuse Treatment

Maine (Title 5, § 20072) mandates the Driver Education and Evaluation Program (DEEP) for the OUI countermeasure program. The goal of each program is to reduce any chance of injury and death that result from alcohol and drug-related motor vehicle accidents, including the risk of OUI offenses.

The DEEP office is part of the Substance Abuse office, which falls under the Department of Health and Human Services. It recommends one-on-one substance abuse counseling for individuals 21 years of age or older at the time of registration, lasting three days (20 hours).

Probation Conditions

In Maine, second OUI offenses are subject to one-year of supervised probation. During probation, offenders must meet requirements such as treatment and sobriety to avoid additional jail time. Penalties may also include surcharges and license suspension for chemical test refusal.

Community Service Requirements

The mandatory jail sentence for second OUI offenders is served in the Second Offender Alternative Sentencing Program with community service, which may last for 7 days.

Impact on Auto Insurance

One of the consequences of an OUI conviction in Maine is increased insurance premiums for second offenders. Drivers with a high risk of driving violations, such as a second OUI attract higher rates and premiums. The state requires serious second OUI offenders to file an SR-22 form to show insurance coverage. When the BMV gets this form, the driver's license is suspended until a new SR-22 form is filed, which depends on the conviction. In addition, the insurance company may also terminate the auto insurance policy as the DUI offender will be seen as a high-risk driver.

Which Courts Handle DUI Cases in Maine?

Most operating under the influence (OUI) cases are misdemeanors and are heard in the District Court. There are one or several District Courts in each county in Maine run by 36 judges. The ticket or bail papers the jail gives upon release, determines which court will hear an OUI case. However, Maine Superior Courts handle serious and repeated felony OUI offenses, including those that lead to injuries and deaths.

Below is the contact information of Maine's District Courts that handle OUI cases, grouped by city or town:

Augusta City Court
1 Court Street, Suite 101,
Augusta,
ME 04330
Phone: (207) 213-2800
Website: Augusta District Court

Bangor City Court
78 Exchange Street,
Bangor,
ME 04401
Phone: (207) 561-2300
Website: Bangor District Court

Caribou City Court
144 Sweden Street, Suite 104,
Caribou,
ME 04736
Phone: (207) 493-3144
Website: Caribou District Court

Ellsworth City Court
50 State Street, Suite 2,
Ellsworth,
ME 04605
Phone: (207) 667-7141
Website: Ellsworth District Court

Fort Kent City Court
139 Market Street, Suite 101,
Fort Kent,
ME 04743
Phone: (207) 834-5003
Website: Fort Kent District Court.

In general, the Maine Bureau of Motor Vehicles (BMV) along with the court and law enforcement officers, address the concern for public safety following the use of automobiles. Under the office of the Department of the Secretary of State, BMV helps the public and users of Maine highways qualify and license drivers. The following are the responsibilities of Maine's BMV:

• Maintains records of driver history, vehicle ownership, and vehicle registration
• Provides revenue to build and maintain Maine's highways
• It offers online services at various office locations for drivers to renew and duplicate licenses, vehicle registrations, and more.

Individuals can contact the BMV for license hearings or appeals at the different branch office locations or call the Administrative office:

Physical Location:
101 Hospital St.,
Augusta, ME
Phone: (207) 624-9000
Fax: (207) 624-9013

Mailing Address:
29 State House Station
Augusta, ME 04333-0029

The following are a few other locations:

Bangor
396 Griffin Road,
Suite 202,
Bangor, ME 04401
Phone: (207) 942-1319
Fax: (207) 945-0175

Ellsworth
22 School St.,
Ellsworth, ME 04605
Phone: (207) 667-9363
Fax: (207) 667-0048

Lewiston
36 Mollison Way Suite 1,
Lewiston, ME 04240
Phone: (207) 753-7750
Fax: (207) 783-5385

Rockland
360 Old County Road,
Suite 1,
Rockland, ME 04841
Phone: (207) 596-2255
Fax: (207) 596-2209

Springvale
456 Main St.,
Springvale, ME 04083
Phone: (207) 490-1261
Fax: (207) 324-4883

Can You Get a OUI on a Horse in Maine?

No. Maine's OUI law specifically applies to motor vehicles, not horses. However, actions such as animal cruelty or endangerment when riding a horse under the influence can subject the rider to criminal penalties.