A first OUI in Maine: what it can result in
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No jail unless one of four facts is present — but 150 days without a licence either way. Maine sets out the first OUI as a Class D crime and — unusually — says in the statute that it is a strict liability crime, so intent is not part of it. The minimum penalties listed may not be suspended. Two of them apply to everyone with no prior within ten years: a fine of at least $500, and a court-ordered licence suspension of 150 days. Incarceration is conditional rather than automatic. It becomes mandatory at not less than forty-eight hours if the person tested at 0.15 grams or more, was exceeding the speed limit by thirty miles an hour or more, eluded or tried to elude an officer, or was carrying a passenger under twenty-one. Refusing the test raises both the fine, to at least $600, and the jail floor, to not less than ninety-six hours. One prior within ten years moves the whole scale: at least $700, at least seven days, and a three-year suspension.
Written any number of ways — a 1st offense OUI, OUI 1st, OUI first offense ME, or a first OUI in ME — and the paperwork will use none of them. Maine charges it under a section number, and that is what decides the range below.
Grade. Class D crime, and a strict liability crime
Confinement. None by default; not less than 48 hours on an aggravating fact, not less than 96 hours on a refusal
Fine. Not less than $500; not less than $600 on a refusal
29-A M.R.S. § 2411 · 29-A M.R.S. § 2411(5)(A), (5)(B) · checked 2026-09-06
The device is a separate track
In Maine the device is voluntary — it exists to get your license back early. A first OUI suspension of 150 days drops to 30 served if you fit one for the rest of the term, and a second offense falls from three years to nine months. You must petition the Secretary of State and get written approval before installation.
In Maine the interlock term runs Length of suspension and is administered by Maine Bureau of Motor Vehicles (Secretary of State) — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Maine OUI questions
Is jail time mandatory for a 1st OUI in Maine?
Maine sets out the first OUI as a Class D crime and — unusually — says in the statute that it is a strict liability crime, so intent is not part of it. The minimum penalties listed may not be suspended. Two of them apply to everyone with no prior within ten years: a fine of at least $500, and a court-ordered licence suspension of 150 days. Incarceration is conditional rather than automatic. It becomes mandatory at not less than forty-eight hours if the person tested at 0.15 grams or more, was exceeding the speed limit by thirty miles an hour or more, eluded or tried to elude an officer, or was carrying a passenger under twenty-one. Refusing the test raises both the fine, to at least $600, and the jail floor, to not less than ninety-six hours. One prior within ten years moves the whole scale: at least $700, at least seven days, and a three-year suspension.
How likely is jail time for a first OUI in ME?
Start from what the statute forces and what it leaves to the judge. The floor here is none by default; not less than 48 hours on an aggravating fact, not less than 96 hours on a refusal. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.
What is the punishment range for a 1st OUI in Maine?
Class D crime, and a strict liability crime: none by default; not less than 48 hours on an aggravating fact, not less than 96 hours on a refusal, and a fine of not less than $500; not less than $600 on a refusal. The range is set by 29-A M.R.S. § 2411(5)(A), (5)(B), and the figures on this page come from the statute rather than from a summary of it.
Does an interlock come with it in Maine?
In Maine the device is voluntary — it exists to get your license back early. A first OUI suspension of 150 days drops to 30 served if you fit one for the rest of the term, and a second offense falls from three years to nine months. You must petition the Secretary of State and get written approval before installation. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Maine Bureau of Motor Vehicles (Secretary of State).
All Maine OUI rules →Penalties across the states →Maine DUI lawyers →Getting the license back →
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.