Drunk and drugged driving laws in Maine

By the end of this topic you can

• You can state the legal alcohol limits for adults and drivers under 21.
• You can explain implied consent and what refusing a test costs.
• You can outline the minimum penalties for a first OUI conviction.
• You can explain why drugs, including legal ones, can lead to OUI.

What you need to know and understand

• Driving with an alcohol level of 0.08 or more is OUI for adult drivers.
• Drivers under 21 may not drive with any alcohol at all (more than 0.00). A violation costs your license for at least one year.
• By driving in Maine you agree to a breath or blood test. Refusing leads to an immediate administrative suspension that can last up to six years.
• A first OUI conviction at 0.08 to 0.14 means a fine of at least $500 ($600 with a refusal) and a suspension of at least 150 days.
• At 0.15 or more, with a test refusal, a passenger under 21, eluding police or speeding 30 mph over, a first offense adds at least 48 hours in jail.
• There is no work license during the minimum OUI suspension.
• Drugs, including prescription and over-the-counter medicine, can lead to an OUI charge if they impair you.

Zero tolerance for drivers under 21

Every license held by someone under 21 carries the condition that they will not drive with any alcohol. If you break it, or refuse a test, the suspension is at least one year. If you had a passenger under 21 with you, another 180 days is added. Even after your 2-year provisional period ends, Maine still treats you as provisional for OUI purposes until you turn 21.

Under 21 it is also illegal to carry alcohol in a vehicle unless you are working or a parent asks you to, and illegal drugs may never be carried. A minor caught with alcohol or drugs in a vehicle faces a suspension of at least 30 days.

What happens after an OUI arrest

1. The officer asks you to take a breath test, or a blood test if a breath test is not reasonable.
2. If the test shows 0.08 or more, or you refuse, the Secretary of State suspends your license right away based on the police report.
3. In court, a conviction brings a fine, a suspension, an alcohol and drug education program and a reinstatement fee, and some cases mean jail and vehicle seizure.
4. When your license comes back, it is conditional: you may not drive with any alcohol for one year after a first offense.

Other rules to know

• Open containers: neither the driver nor passengers may drink or have an open alcohol container in the passenger area.
• A passenger under 21 in the car adds 275 days to an adult's OUI or refusal suspension.
• Drivers in a fatal crash must take a chemical test.
• The manual estimates one OUI can cost more than $7,000 once fines, lawyers and insurance are added up.

Common mistakes

• Believing coffee, a cold shower or food sobers you up. Only time removes alcohol.
• Thinking one drink is fine at 18 or 20. Under 21 the limit is zero.
• Driving after taking medicine that warns of drowsiness. Read the label or ask a pharmacist.
• Riding with a driver who has been drinking. Plan a sober ride before you go out.

Test yourself: Drunk and drugged driving laws in Maine

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• Avoiding Moose and Deer Collisions in Maine
• Learning to Drive in Maine
• Maine 70 Hour Driving Log