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Maine DUI Laws Penalties And Fines
Maine Driving Under the Influence (DUI) Laws
Drunk driving offenses are regulated by state law, and different states have different names for them, like Driving Under the Influence (DUI), Driving While Intoxicated (DWI),
Operating Under the Influence (OUI), Operating While Intoxicated (OWI), and others.
In Maine, drunk driving is called Operating Under the Influence (OUI). On this and other pages on the drunk driving facts website, we will use OUI and DUI interchangeably.
Definition of Intoxication:
Under Maine drunk driving law, Maine Operating Under the Influence (OUI) may be proved two different ways:
1. With evidence that you were driving under the influence of alcohol, legal drugs, or controlled substances; or
2. With evidence that you drove with a BAC of 0.08 or greater (or 0.04, for CDL drivers).
Maine drivers under age 21 are DUI if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard.
Summary of Illegal BAC Levels in Maine:
- Adult Driver - DUI with BAC of 0.08 or higher
- Commercial Vehicle Driver - DUI with a BAC of 0.04 or higher
- Under 21 Driver – DUI with BAC of 0.02 or higher
When Can I Drive, if I’ve Been Drinking?
The Maine driver’s manual notes that alcohol is the most used and abused drug today – more than half of fatally injured drivers have been drinking. If you’ve been drinking, the best way to avoid OUI in Maine is to have someone else drive. If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had. In addition to time, many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be OUI, if a jury believes a police officer’s testimony about evidence of your intoxication. In other words, the “legal level” only works in favor of the prosecutor, if you cross it. Being below it does not make you legal. Having a doctor’s prescription for a drug is also not a defense in Maine, if you took the drug and drove while it impaired your ability to drive.
Consequences of a DUI Offense in Maine
The penalties for a drunk driving conviction in Maine are serious, and they become even more severe with repeat offenses. An OUI conviction in Maine remains on your record for ten (10) years, for purposes of calculating repeat offense levels. In Maine, a prior refusal to take a BAC test counts as a prior OUI offense, for purposes of calculating repeat offense levels.
A Maine OUI with a BAC of 0.15 or more, while driving with a minor passenger under age 21, while speeding in excess of 30 mph over the speed limit, while attempting to elude the police, or accompanied by a refusal to take a BAC test when requested by an officer, also produces more serious punishments, including jail time on a first offense.
Maine Drunk Driving Laws
A Maine police officer will administer a breath test for BAC, unless the officer suspects you are under the influence of a drug other than alcohol. If you are believed to be OUI in Maine due to prescription medications, over-the-counter (OTC) medications, or controlled substances, you’ll have to take a blood test. You can choose the physician for your Maine OUI blood test, if the physician is reasonably available.
The arresting officer confiscates a Maine OUI arrestee’s driver’s license immediately, pending an administrative suspension hearing. An administrative suspension by the state occurs automatically, and it is separate from any court-ordered suspension resulting from an OUI conviction. In addition, in Maine, if your driver’s license has been suspended three (3) times within a three-year period, you may be subject to an additional administrative suspension of up to 120 days, and if you were OUI or a BAC refusal with a passenger under age 21, an additional 275 days of administrative suspension is mandatory in Maine.
Operating Under the Influence while OUI Suspended
Driving while your license is OUI suspended is a separate crime, and if you drive OUI while your license is OUI suspended, your jail time and other penalties are severe, including the forfeiture of your vehicle.
Some drivers accused of Maine OUI can apply for a hardship, or work license, for business or employment purposes, when their minimum suspension periods have passed. If you are granted a work license in Maine, you must pay to equip your vehicle with an Ignition Interlock Device (a device that takes a breath sample from you and prevents your car from starting, if you have any BAC).
