Key points
Driving with an alcohol level of 0.08 grams is the criminal offense of operating under the influence.
Source: Handbook p. 3-9
“If you are the operator of a motor vehicle and are driving with an alcohol level of 0.08 grams per 100 milliliters of blood or 210 liters of breath, you are guilty of a criminal offense”
Maine Driver's License Manual, Handbook p. 3-9After an OUI arrest, the Secretary of State immediately suspends your license based on the police report and test result.
Source: Handbook p. 3-9
“Following your arrest and based solely on the police report and an alcohol level test result, the Secretary of State will immediately suspend your license.”
Maine Driver's License Manual, Handbook p. 3-9You will not be forced to take a test, but refusing brings an immediate suspension of up to 6 years.
Source: Handbook p. 3-9
“You will not be forced to take such a test, but your driver's license will be immediately suspended if you refuse. The suspension will be for a period of up to six years by the Secretary of State.”
Maine Driver's License Manual, Handbook p. 3-9The administrative suspension stays in effect even if you are later found innocent of OUI.
Source: Handbook p. 3-10
“The administrative suspension issued by the Secretary of State remains in effect even if you are later found innocent of OUI.”
Maine Driver's License Manual, Handbook p. 3-10A first conviction at 0.08 to 0.14 brings a fine of at least $500.00 ($600.00 with refusal) and a loss of license for at least 150 days.
Source: Handbook p. 3-10
“If you are convicted of OUI and your alcohol level is 0.08 to 0.14 grams per 100 milliliters of blood or 210 liters of breath: you will receive a mandatory fine of at least $500.00, $600.00 with refusal you lose your license for at least 150 days”
Maine Driver's License Manual, Handbook p. 3-10Harsher penalties apply with an alcohol level of 0.15 or more, speeding 30 mph or more over the limit, eluding police, refusing a test, or a passenger under 21.
Source: Handbook p. 3-10
“your alcohol level is 0.15 grams per 100 milliliters of blood or 210 liters of breath or more; or you are traveling 30 mph or more over the speed limit; or you attempt to elude an officer of the law; or you refuse to take an alcohol level test; or you have a passenger under the age of 21”
Maine Driver's License Manual, Handbook p. 3-10In those cases you spend at least 48 hours in jail (96 hours if you refused a test) and lose your license for at least 150 days.
Source: Handbook p. 3-10
“you will spend at least 48 hours in jail (96 hours if you refuse a test) lose your license for at least 150 days”
Maine Driver's License Manual, Handbook p. 3-10There is no work or limited license during the minimum OUI suspension.
Source: Handbook p. 3-10
“There are no provisions whatsoever for a work or limited license during the minimum period of suspension for an OUI conviction.”
Maine Driver's License Manual, Handbook p. 3-10After a first OUI, the reinstated license is conditional for 1 year; after a second or later, for 10 years.
Source: Handbook p. 3-11
“After the first OUI conviction, the reinstated license is conditional for one year. After a second or subsequent conviction, it is conditional for ten years.”
Maine Driver's License Manual, Handbook p. 3-11A driver in a fatal crash must take a chemical test; refusing means a 1 year suspension.
Source: Handbook p. 3-12
“Every driver involved in a fatal motor vehicle accident or an accident where a death is likely to occur must submit to a chemical test. Failure to do so will result in a one- year license suspension.”
Maine Driver's License Manual, Handbook p. 3-12
Numbers to know
| Number | What it means | Manual |
|---|---|---|
| 0.08 | alcohol level for the crime of OUI | Handbook p. 3-9 |
| 100 ml of blood or 210 liters of breath | how the alcohol level is measured | Handbook p. 3-9 |
| 6 years | maximum suspension for refusing a test | Handbook p. 3-9 |
| 0.08 to 0.14 | alcohol range for the basic first offense penalties | Handbook p. 3-10 |
| $500.00 ($600.00) | minimum first offense fine, higher with refusal | Handbook p. 3-10 |
| 150 days | minimum license loss for a first OUI | Handbook p. 3-10 |
| 0.15, 30 mph, under 21 | aggravating factors: alcohol level, speed over the limit, young passenger | Handbook p. 3-10 |
| 48 hours (96) | minimum jail with an aggravating factor, or with a refusal | Handbook p. 3-10 |
| 1 year and 10 years | conditional license after a first and a later OUI | Handbook p. 3-11 |
| 1 year | suspension for refusing a chemical test after a fatal crash | Handbook p. 3-12 |
3 questions from the Maine practice test
1. At what alcohol level does Maine identify operation of a motor vehicle as a criminal OUI offense?
- 0.05 grams per 100 milliliters of blood only
- 0.08 grams per 100 milliliters of blood or 210 liters of breath
- 0.10 grams per 100 milliliters of blood or 150 liters of breath
- 0.15 grams per 100 milliliters of blood only
Show answer
0.08 grams per 100 milliliters of blood or 210 liters of breath. Maine identifies 0.08 grams per 100 milliliters of blood or 210 liters of breath as the alcohol level for the criminal OUI offense described here. The breath and blood measures are paired alternatives, so the rule is not limited to a blood sample. The 0.15 figure is a higher level associated with more severe first conviction circumstances, not the basic threshold. Remember the two units together: blood uses 100 milliliters, while breath uses 210 liters.
2. If a driver is later found innocent of OUI, what happens to the administrative suspension issued by the Secretary of State?
- It changes to a warning only
- It is automatically erased
- It remains in effect
- It applies only after a second OUI
Show answer
It remains in effect. The Maine manual says the administrative suspension issued by the Secretary of State remains in effect even if the driver is later found innocent of OUI. The suspension is a separate administrative action, so an acquittal does not automatically erase it. The choices describing an automatic erasure, a warning only, or a second-offense requirement add conditions that the passage does not state. Keep the two processes distinct: the criminal case and the administrative suspension can produce different outcomes. That distinction is the key cue when a question mentions a later finding of innocence.
3. When an aggravating circumstance applies to a first OUI conviction, what minimum jail sentence is listed?
- At least 48 hours
- At least 12 hours
- At least 24 hours
- No jail sentence
Show answer
At least 48 hours. Maine lists at least 48 hours in jail when a first OUI conviction includes an aggravating circumstance. The 12 hour and 24 hour choices understate the minimum, while no jail sentence ignores the listed penalty. The manual also notes a longer 96 hour minimum when the driver refuses a test, but the general aggravated minimum remains 48 hours. On the exam, look for the separate aggravated category rather than the ordinary first conviction fine and license suspension. The useful cue is that aggravating facts trigger a jail term.
Practice this topic
Lock it in with alcohol and dui questions from the free Maine practice test. Every answer comes with a plain English explanation.
Source: the Maine Driver's License Manual, Section 3: Ready to Drive. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.