Local DUI Laws

In Maine, being charged with Operating Under the Influence (OUI) is a serious legal matter—but is it considered a misdemeanor or a felony? The answer depends on a range of factors including prior offenses, whether anyone was injured, and if aggravating circumstances were involved. Maine’s OUI laws are structured to escalate penalties with repeat offenses, and certain violations can quickly elevate a charge from a misdemeanor to a felony.

This guide explains how Maine classifies OUI offenses and the circumstances under which a charge becomes a felony. We’ll break down the legal definitions, review how first, second, and third offenses are treated, and explain how injury, test refusal, and other conditions influence the legal category of the offense. You’ll also learn how Maine’s legal system distinguishes between administrative actions and criminal classifications, and how these impact your record, rights, and penalties.

Whether you’re researching for clarity or facing an OUI situation in Maine, this post will help explain the legal classifications involved—without legal jargon or advice.

Most OUI Offenses in Maine Begin as Misdemeanors

In Maine, a first or second OUI offense is typically classified as a Class D misdemeanor, assuming there are no aggravating circumstances like injury or high-speed collisions. A third OUI offense is a Class C felony, and penalties increase significantly from that point forward.

Here’s a general overview of how Maine classifies OUI charges:

• First Offense OUI: Class D misdemeanor
• Second Offense OUI (within 10 years): Class D misdemeanor
• Third Offense OUI: Class C felony
• Fourth or subsequent OUI: Class C felony
• OUI with serious injury or death: May be charged as Class B or C felony, depending on severity

Class D misdemeanors in Maine carry penalties such as:

• Fines of at least $500
• Up to 364 days in jail (though rarely served in full for first offenses)
• License suspension and administrative penalties

While jail time is not always imposed for a first offense, the conviction does go on your criminal record and can affect employment, housing, and future legal issues.

Once an OUI charge escalates to a felony (third offense or more), the consequences become much more severe, and the case may be handled in a different division of the court system with different sentencing standards.

When Does an OUI Become a Felony in Maine?

In Maine, OUI becomes a felony when the charge meets specific legal thresholds. The most common ways this occurs include:

• Third OUI offense within 10 years
• Fourth or subsequent offense
• OUI resulting in serious bodily injury or death
• OUI while driving with a suspended or revoked license for a prior OUI

A third offense triggers a Class C felony charge. This means:

• Minimum of 30 days in jail
• Mandatory $1,100 fine
• License suspension of 6 years
• Mandatory ignition interlock device (IID) installation upon reinstatement
• Criminal record with felony classification

If the offense also involves refusal to submit to chemical testing, the jail time and fines increase further.

More serious circumstances—such as causing serious injury or death—can escalate the charge to a Class B felony, which includes the potential for up to 10 years in prison and substantial fines. These cases are handled more aggressively by the courts and are prosecuted differently from standard OUI offenses.

Understanding when a charge moves from misdemeanor to felony is essential, as the long-term consequences of a felony conviction go beyond the immediate legal penalties.

Differences Between Misdemeanor and Felony OUI Offenses

The distinction between a misdemeanor and felony OUI in Maine is more than just terminology—it significantly impacts your legal rights, penalties, and future opportunities.

Here’s how the two compare:

Feature	Misdemeanor OUI (Class D)	Felony OUI (Class C or B)
Typical Offense Count	First or second	Third or higher / serious injury / death
Jail Time	Up to 364 days	1 to 10 years
Fines	$500 minimum	$1,100 to $5,000+
License Suspension	150 days to 3 years	6 years or more
Criminal Record Impact	Misdemeanor conviction	Felony conviction
Voting Rights	Retained	May be lost during incarceration
Firearm Ownership	Retained	May be lost or restricted

A felony conviction in Maine can also result in loss of professional licenses, restricted housing options, and permanent loss of firearm rights in some cases. It’s a classification that carries social, financial, and legal implications that extend far beyond the immediate sentence.

While a misdemeanor may carry fewer long-term consequences, it still results in a criminal record and can affect life decisions such as applying for jobs, college, or loans.

The Role of Administrative vs. Criminal Classifications

It’s important to understand that not all penalties tied to an OUI are classified as criminal. Maine enforces a dual system of enforcement: administrative actions by the Bureau of Motor Vehicles (BMV) and criminal charges through the court system.

Administrative actions include:

• License suspension
• Ignition interlock device (IID) requirements
• Test refusal penalties
• Driver program requirements (DEEP)

These are civil in nature and occur regardless of conviction. For example, if you are arrested and fail or refuse a breath test, the BMV may automatically suspend your license—even if the charges are dropped or you’re found not guilty.

Criminal charges, by contrast, are decided in court and result in a misdemeanor or felony conviction, depending on your offense history and the facts of the case.

The two systems work independently but concurrently. That’s why someone may face both a license suspension and a jail sentence, or still lose their license even if they’re not convicted in court.

How Prior Convictions Influence OUI Classification

In Maine, OUI penalties escalate quickly with repeat offenses. The state uses a 10-year lookback period, meaning any prior conviction within the past decade counts toward your offense level.

Here’s how that progression works:

• First offense: Class D misdemeanor
• Second offense (within 10 years): Class D misdemeanor, but with harsher penalties
• Third offense: Class C felony
• Fourth or more: Class C felony (or higher if injury/death is involved)

Refusals to submit to chemical testing also influence penalty severity. If you refused testing in a prior offense, the new charge might include additional mandatory jail time and longer license suspension, even before reaching felony level.

The court treats every new offense as more serious than the last. For that reason, understanding your record and how it affects classification is key to anticipating whether an OUI will be charged as a misdemeanor or felony.

Long-Term Impact of a Felony vs. Misdemeanor OUI in Maine

The long-term consequences of a felony OUI go well beyond the courtroom. Once convicted, individuals face a range of civil disabilities and life restrictions that can linger for years—or even permanently.

Consequences of a felony OUI may include:

• Loss of firearm ownership rights
• Ineligibility for certain professional licenses
• Barriers to housing or federal aid
• Immigration complications (for non-citizens)
• Harsher sentencing for any future crimes

Even misdemeanor OUIs come with lasting effects, but a felony conviction can fundamentally change a person’s legal and social status. Maine does not have automatic expungement for felony records, and sealing options are limited.

Many employers, landlords, and institutions perform background checks. A felony OUI may appear on those reports indefinitely, affecting your ability to move forward in life long after the legal penalties have ended.

FAQ: OUI Felony vs Misdemeanor in Maine

Is a first-time OUI a felony in Maine?
No. A first-time OUI is usually a Class D misdemeanor, unless it involves serious injury or death.

When does an OUI become a felony?
An OUI becomes a Class C felony on the third offense, or sooner if the offense involves serious injury, death, or other extreme circumstances.

Are administrative penalties criminal?
No. Administrative penalties (like license suspension) are handled by the BMV and are not part of the criminal court process.

Can a misdemeanor OUI turn into a felony later?
If more offenses occur, yes. Prior misdemeanors are counted in the 10-year lookback, and additional charges may then be prosecuted as felonies.

Does a felony OUI stay on your record permanently?
Yes. Felony convictions in Maine are permanent unless specifically pardoned or addressed through limited sealing mechanisms.

Conclusion

In Maine, an OUI can be classified as either a misdemeanor or a felony, depending on the number of prior offenses and the severity of the current incident. Most first and second offenses are misdemeanors, but third offenses, test refusals, and cases involving injury or death are treated as felonies. Understanding the difference matters because the consequences—from jail time to permanent record status—are far more serious with a felony charge. Maine’s legal structure escalates penalties quickly to discourage repeat offenses and prioritize public safety.

For more context on how Maine’s OUI laws are structured, check out our full guide on state-by-state DUI laws. To explore how your state’s classification impacts legal penalties and enforcement, read our post on how state DUI laws affect arrests and penalties.