Second Offense DUI in Maine

The State of Maine prevents people from driving with a blood alcohol content, or BAC, level of .08 or higher. The BAC level is lower for commercial drivers. Maine does not tolerate minors who have any alcohol in their systems, so even a .01 BAC level will lead to penalties. Since July 2010, those convicted of DUIs (also known as OUIs – Operating Under the Influence) can have their driving privileges reinstated earlier if they allow the installation of an IID (Ignition Interlock Device) in their vehicles.  

Administrative Penalties

If you are convicted of a second DUI offense, the following administrative penalties are possible:

• Fine of at least $1,000.
• License is suspended for 3 years (at least 3 years if you have 2 prior DUIs within the last 10 years).
• An Ignition Interlock Device can be installed 9 months after conviction.

Criminal Penalties

If you are convicted of a second DUI offense, you will receive a jail sentence of at least 6 months.  

The Lookback Period

Maine courts look back 10 years to see if you had a previous DUI conviction. If you receive a second conviction within this time frame, it will count as a second offense.

Felony vs. Misdemeanor in Maine

If you cause serious bodily injury or death while driving under the influence, you may be charged with felony DUI, which can lead to greater penalties than those mentioned above. Such penalties usually include $5,000 in fines and 5 years in jail. If you caused an accident but did not seriously injure or kill anyone, you likely will be charged with a misdemeanor DUI. This normally results in fines of $2,000 and 1 year in jail.

Plea Options

The individual can do any of the following:

• Plead Guilty – the individual admits to everything with which he/she is charged and will accept whatever penalty the court imposes.
• Plead Not Guilty – the individual does not admit to anything with which he/she is charged and challenges the State of Maine to meet its burden of proof.
• Plea Bargaining – This can be an option, depending on your specific case, to reduce the charges to less severe penalties.

Obtaining Legal Help

Cases involving a person drinking and driving, especially when he/she has children in the vehicle at the time of arrest, can be trying and challenging for all involved. An established and experienced DUI/DWI lawyer will know the State of Maine DUI/DWI laws that apply to your case and will be able to formulate the strongest possible defense for your specific case.