{"id":373788,"date":"2016-04-11T01:22:49","date_gmt":"2016-04-11T06:22:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/maine-law\/what-are-the-oui-laws-in-maine.html"},"modified":"2024-01-28T03:45:04","modified_gmt":"2024-01-28T08:45:04","slug":"what-are-the-oui-laws-in-maine","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/maine-law\/what-are-the-oui-laws-in-maine.html","title":{"rendered":"Maine OUI Laws"},"content":{"rendered":"\n
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Maine OUI Laws<\/h1>\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Driving under the influence is more widely known as a DUI, but some states use other terms for the offense. Some may call it driving while intoxicated (DWI). The state of Maine uses "operating under the influence" (OUI). Whatever the terms, Maine takes impaired driving<\/a> very seriously. Maine’s OUI laws impose relatively strict penalties for offenders. You face significant fines, lengthy driver’s license suspension, and time in jail, even for first offenses.<\/p>\r\n

Law enforcement takes OUIs very seriously, too. They undergo extensive training in identifying intoxicated drivers and investigating offenses properly.<\/p>\r\n

Learn more about Maine’s operating under the influence (OUI) laws below.<\/p>\r\n\r\n

Blood Alcohol Concentration (BAC) Limits and Implied Consent<\/p>\r\n<\/th>\r\n<\/tr>

"Per Se" BAC Limit<\/a><\/td>\r\n0.08%<\/td>\r\n<\/tr>
Zero Tolerance (Underage) BAC Limit<\/a><\/td>\r\n0.00%<\/td>\r\n<\/tr>
Enhanced Penalty (Aggravated) BAC Limit<\/a><\/td>\r\n0.15%<\/td>\r\n<\/tr>
Implied Consent<\/a> to Submit to BAC Test?<\/td>\r\nYes<\/td>\r\n<\/tr>
 <\/td>\r\n<\/tr>

Select Penalties<\/p>\r\n<\/th>\r\n<\/tr>

Minimum License Suspension or Revocation<\/a> (1st, 2nd, 3rd offense)<\/td>\r\n150 days \/ 3 years \/ 6 years<\/td>\r\n<\/tr>
Mandatory Alcohol Education, Assessment and Treatment<\/a><\/td>\r\nBoth<\/td>\r\n<\/tr>
Vehicle Confiscation<\/a> Possible?<\/td>\r\nYes<\/td>\r\n<\/tr>
Ignition Interlock Device<\/a> Possible?<\/td>\r\nYes<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Maine OUI Law<\/h2>\r\n

Maine law prohibits anyone from operating a motor vehicle while under the influence of intoxicants or with a blood alcohol content (BAC) of 0.08%.<\/p>\r\n

This language captures a wide variety of impaired driving. An intoxicant can be any drug or amount of alcohol that impairs your mental or physical facilities. It can be a combination of drugs and alcohol. It can also be just alcohol if you show impairment, even if your BAC is under the legal limit.<\/p>\r\n

Operating a motor vehicle includes attempting to drive. You don’t have to be in motion to face arrest. If you have the keys in the ignition, you’re in the driver’s seat, or your hands on the wheel, an officer can arrest you for OUI.<\/p>\r\n

Implied Consent Law<\/h3>\r\n

Under Maine’s implied consent law<\/a>, if a police officer reasonably believes you are driving while intoxicated, they will ask you to submit to chemical testing. You have a duty to comply with chemical testing when asked as part of your driving privileges.<\/p>\r\n

Usually, the police officer will administer a Breathalyzer or handheld breath test first. The officer may ask you to participate in a series of field sobriety tests. The officer will next ask you to provide a blood test, urine, or saliva analysis to confirm your BAC and look for drugs. These test results can give the officer probable cause to arrest you for OUI.<\/p>\r\n

You may refuse<\/a> the preliminary breath testing and chemical tests. The police officer will warn you that not cooperating will immediately result in losing your driver’s license. For a first-time refusal, the Maine Department of Motor Vehicles will suspend your driver’s license for 275 days. A second refusal will suspend your driving privileges for 18 months. You are not eligible for a suspension reduction through the ignition interlock program.<\/p>\r\n

This is an administrative suspension that is separate from your criminal charge. Any additional suspension you may receive if convicted will be added to this suspension period. However, law enforcement may use evidence of your refusal in court. The judge may consider it an aggravating factor impacting your sentencing if you’re convicted. This includes mandatory jail time.<\/p>\r\n

Per Se OUI Law<\/h3>\r\n

While Maine doesn’t label it a "per se" OUI offense<\/a>, if you are operating a vehicle with a proven BAC of 0.08% or more, this is enough evidence for an OUI conviction. This is how a per se offense works. The police officer doesn’t have to show you were acting intoxicated or driving dangerously. You may not show any symptoms of intoxication at all. But if your BAC is 0.08% or greater, you face arrest for an OUI charge.<\/p>\r\n

Aggravating Factors<\/h3>\r\n

Multiple aggravating factors<\/a> will impact your OUI charge. If you are later convicted, these factors will increase your penalties at sentencing. Aggravating factors include:<\/p>\r\n