• State Penal Code  – Title 29-A section 2411
• Open Container Laws – None
• Repeat Offender Laws – Yes
• Check Points – Yes
• Alcohol Exclusion Laws Limiting Treatment – None

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Maine are:

1st Refusal

• 275 day license suspension (this rises to 18 months for underage drivers, an additional 180 days is added if the vehicle contained any underage passengers as well)
• Prison (96 hours minimum)

2nd Refusal

• 18 month license suspension (this rises to 30 months for underage drivers, an additional 180 days is added if the vehicle contained any underage passengers as well)
• Prison (12 day minimum, 60 day maximum)

3rd Refusal

• 4 year license suspension (a third refusal remains at 30 months for underage drivers, an additional 180 days is added if the vehicle contained any underage passengers as well)
• Prison (40 day minimum, 90 day maximum)

In Maine the lookback period is 10 years
Any arrest for DUI/DWI within 10 years of your first offense results in higher penalties

Drivers under 21 with a BAC of .01% or more will be charged with DUI/DWI
A BAC of .08% and above will result in the same penalties as drivers 21 and over

1st Offense

• 1 year license suspension (regardless of BAC level, also, 180 days is added to this if any passengers in the vehicle were underage)

• must complete a court approved Driver Education and Evaluation Program (DEEP) before any driving privileges can be regained

2nd Offense

• 2 year license suspension (regardless of BAC level, also, 180 days is added to this if any passengers in the vehicle were underage)

• must complete a court approved Driver Education and Evaluation Program (DEEP) before any driving privileges can be regained

1st Offense

• 150 day license suspension

• $400 – $500 fine

• Prison (6 month maximum sentence)
• must complete a 20 hour DEEP
• Installation of Ignition Interlock Device

2nd Offense

• 3 year license suspension
• $600 fine

• Prison (7 day minimum, 60 day maximum)
• must complete a 20 hour DEEP
• Installation of Ignition Interlock Device

– In Maine, several factors can lead to you being charged with Aggravated DUI/DWI. These are:

• BAC over .15%
• attempting to elude a law enforcement official
• a passenger under 21 years of age
• 30 miles above the speed limit

– An Aggravated charge affects the minimum amount of jail time you will be sentenced to

– A first offense Aggravated DUI/DWI will incur a minimum of 48 hours in prison

– A second offense within the 10 year lookback period will increase this minimum to 7 days.

• In Maine, there are a series of Driver Education and Evaluation Programs (DEEP) that are utilized by the court systems in cases of DUI/DWI
• These are often court ordered, and almost always mandatory should you wish to apply for a conditional license

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
• A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL.

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In Maine an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• Maine does allow for plea bargains in DUI/DWI cases
• It can only be pleaded down to reckless driving
• This allows you to avoid a criminal record
• Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
• The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
• This plea bargain is typically only allowed for first time offenders with no aggravating factors involved