Local DUI Laws

Being arrested for a second OUI (Operating Under the Influence) offense in Maine is a major legal event with serious and long-lasting consequences. Unlike a first offense—which may offer opportunities for reduced penalties—a second OUI in Maine triggers mandatory minimums, longer suspensions, and stricter enforcement from both the courts and the Bureau of Motor Vehicles (BMV).

In Maine, OUI laws apply when a driver operates a motor vehicle while impaired by alcohol or drugs, or with a blood alcohol concentration (BAC) of 0.08% or higher. But for repeat offenders, the threshold for leniency is dramatically lower. The state’s laws are designed to escalate penalties to discourage further offenses and prioritize public safety.

This post outlines what happens after a second OUI in Maine, including both the administrative and criminal penalties, license suspensions, jail time, ignition interlock requirements, and what sets second offenses apart from first-time convictions. While this guide is educational and not legal advice, it is written to help you understand the structured process and how Maine handles repeat OUI cases.

Let’s explore what you can expect when you’re facing a second impaired driving offense in the state.

Administrative Penalties for a Second OUI in Maine

Administrative penalties for a second OUI begin immediately after arrest and are enforced by the Bureau of Motor Vehicles (BMV), regardless of whether you are ultimately convicted in court. This means that your license can be suspended automatically, based solely on the arrest and supporting documentation from the police.

Key administrative penalties for a second offense include:

• License suspension of 3 years, beginning shortly after the arrest
• Immediate notice of suspension sent by the BMV
• Refusal to submit to a chemical test results in an 18-month suspension, separate from any criminal case outcome
• No eligibility for a hardship license—Maine does not offer them, and early reinstatement comes with stricter rules than for first-time offenders

If the driver refuses a chemical test, Maine’s implied consent law imposes the 18-month suspension automatically, even if there’s no conviction in court. This is a critical distinction—administrative penalties are not dependent on a guilty verdict.

Additionally, any new suspension for a second offense does not necessarily overlap with the first. That means if your license was already suspended from a previous OUI and you’re arrested again, the suspensions may run consecutively, further extending your time off the road.

Administrative penalties also affect your ability to obtain early reinstatement or install an ignition interlock device, which we’ll cover later in this post.

Criminal Penalties for a Second OUI Conviction

If you’re convicted in court for a second OUI in Maine within a 10-year period, the criminal penalties are significantly more severe than for a first offense. The law imposes mandatory minimum sentencing guidelines, and courts have little to no discretion to reduce these penalties.

Here’s what you can expect:

• Mandatory jail time of at least 7 days
• Minimum fine of $700
• 3-year license suspension (can be longer with other factors involved)
• Mandatory completion of Maine’s Driver Education and Evaluation Program (DEEP)
• Mandatory installation of an ignition interlock device (IID) upon reinstatement eligibility

If aggravating factors are present—such as a BAC of 0.15% or higher, excessive speeding, or a passenger under 21 years old—the court may increase the jail time and fines beyond the mandatory minimums.

In addition, a second offense means that any leniency you may have received the first time around (such as deferred sentencing or reduced fines) is no longer available. Maine law specifically bars certain diversion programs and plea options for repeat OUI offenders.

The criminal conviction becomes part of your permanent record and may be considered in future OUI cases, employment background checks, and insurance reviews. It also increases the penalties for any subsequent OUI charges.

How Administrative and Criminal Penalties Work Together

A second OUI in Maine involves two parallel penalty systems—administrative and criminal—that often overlap but function independently. It’s possible to face full consequences from both systems, and understanding how they interact is key to grasping the scope of the penalties.

Here’s how the two systems compare for a second OUI:

Penalty Type	Administrative (BMV)	Criminal (Court)
License Suspension	3 years (immediate)	3 years (imposed at sentencing)
Jail Time	No	Mandatory 7-day minimum
Fine	No	Minimum $700
Ignition Interlock	Required for early reinstatement	Required upon reinstatement
Refusal Penalty	18-month suspension (automatic)	Additional jail time and fines
DEEP Requirement	Yes	Yes

Both penalty systems can impose restrictions, but criminal penalties are tied to the conviction, while administrative actions occur as a result of the arrest itself. That means even if you avoid a conviction, you may still face full suspension and IID requirements from the BMV.

If you are convicted, the court-ordered suspension typically overlaps with the BMV suspension, but exact timing can vary. It’s possible to end up with consecutive suspensions if violations or prior restrictions are involved.

Refusal to Test and Its Additional Consequences

Refusing a chemical test—such as a breath, blood, or urine test—carries its own set of penalties in Maine, and they are even more severe for second-time offenders. Refusal invokes automatic administrative penalties and also affects criminal sentencing if you are later convicted.

Here’s what happens:

• License suspension of 18 months, effective immediately
• Ineligibility for early reinstatement for the first 9 months
• Additional jail time added to the mandatory minimums upon conviction
• Increased fines and possible denial of future IID eligibility

Maine’s implied consent law is clear: by refusing to test, you not only lose your license longer, but you also face harsher sentencing if the case proceeds to conviction. Judges in these cases have limited discretion to reduce the consequences.

For a second OUI involving test refusal, the suspension is especially burdensome because it limits access to early reinstatement options and may delay the installation of an IID, extending your inability to drive even further.

Refusal is considered an aggravating factor, and courts treat it seriously—particularly when combined with a prior OUI history.

Ignition Interlock Requirements and Early Reinstatement

After serving a portion of your suspension, Maine allows certain second-time OUI offenders to apply for early reinstatement—but this comes with conditions and is not guaranteed.

To qualify, you must:

• Serve at least 9 months of your 3-year suspension
• Install a state-approved ignition interlock device (IID)
• Complete or be enrolled in the Driver Education and Evaluation Program (DEEP)
• Submit a formal application to the BMV and receive approval

Once approved, you’ll receive a restricted license that allows driving only in a vehicle equipped with a functioning IID. You must continue using the IID for a minimum of 2 years after reinstatement, and any tampering or noncompliance can result in immediate re-suspension.

Early reinstatement is not available if:

• The second offense involved test refusal
• The arrest involved a serious crash or injury
• You’ve previously violated IID conditions

Maine’s system is built to offer a second chance—but only with a high level of monitoring and accountability. IID data is reviewed regularly, and even one violation can result in serious setbacks.

Impact of a Second OUI on Insurance and Employment

The legal penalties are only part of the cost of a second OUI in Maine. Many drivers also face long-term consequences in areas such as auto insurance rates, employment prospects, and even housing applications.

Insurance:

• Premiums typically increase two to three times
• Some insurers may drop coverage altogether
• You may be required to carry SR-22 insurance, a high-risk classification

Employment:

• Jobs that require driving may no longer be accessible
• Background checks will reflect a repeat criminal offense
• Licensing boards and professional organizations may take disciplinary action

In total, the financial cost of a second OUI can exceed $6,000–$10,000, including fines, court fees, DEEP, IID installation, and insurance hikes. The emotional and reputational impact can also be substantial, especially if driving is essential to your daily life.

For many, these secondary consequences are more long-lasting and disruptive than even the criminal sentence.

FAQ: Second OUI Penalties in Maine

What’s the license suspension for a second OUI in Maine?
A second OUI results in a 3-year license suspension, plus 18 months if you refused testing.

Is jail time required for a second offense?
Yes. There is a mandatory minimum of 7 days in jail, and more if aggravating factors apply.

Can I get early reinstatement?
Yes, but only after 9 months, and only with IID installation and DEEP completion. Not available if you refused testing.

Will a second OUI stay on my record permanently?
Yes. A second conviction becomes part of your permanent criminal record and can affect future charges.

What’s the fine for a second OUI?
At minimum, the court will impose a $700 fine, but the amount may increase depending on case details.

Conclusion

A second OUI in Maine carries serious and unavoidable penalties. With mandatory jail time, a 3-year license suspension, and strict conditions for reinstatement, the consequences are far more severe than for a first offense. The BMV and court systems work independently to enforce these rules, meaning drivers face both administrative and criminal consequences. If test refusal or other aggravating factors are involved, the penalties increase dramatically.

For a full overview of all criminal and administrative consequences related to impaired driving, read our complete guide on DUI penalties and consequences. To understand how the dual penalty system works in practice, visit our breakdown on criminal vs administrative DUI penalties explained.