OUI in Maine
Maine’s laws regarding Operating Under the Influence of drugs or alcohol are considered some of the toughest in the nation. Penalties for OUI convictions in Maine may include:
- fines
- license restrictions or suspension
- required attendance at drug/alcohol programs
- probation with random searches, in-house counseling, and restrictions on alcohol use
- jail time - up to 40 years, if someone dies as a result.
It’s Not Just About Cars...
OUI laws apply to any motor vehicles, including tractors, ATV’s snowmobiles, motorboats, motorcycles, and riding lawn-mowers.
Or Actually Going Anywhere…
Any action which can be interpreted as “attempting to operate” a motor vehicle while intoxicated is enough to be charged with OUI.
Some Related OUI Legal Terms and Definitions
Attempting to Operate – This can mean sitting on a tractor seat, getting into the driver’s side of a car, unmooring a boat, or any of many actions that convey an intent to begin using a motorized vehicle.
Legal Limit – There is no “legal limit.” A blood alcohol level of .08% or more is automatically illegal - but the state only needs to prove that the driver’s ability to operate a vehicle was impaired due to the use of intoxicants.
Field Sobriety Tests – These are tasks an officer can ask a driver to do that may reveal mental or physical impairment, such as counting backwards or walking a straight line.
Immediate Arrest - An officer may make an immediate arrest without running a field test if it appears the driver is operating impaired.
Vehicle - Any self-propelled vehicle not on tracks.
Legal Stops – Police may stop a motor vehicle for infractions, safety concerns, or if there is reason to think that a crime or motor vehicle law violation has occurred. These can range from erratic driving, to expired inspection stickers, defective lights, or not using seat belts.
Improper Stop - A traffic stop for which the officer cannot cite a safety issue, traffic law, or suspicion of criminal activity as reason.
HGN - The Horizontal Gaze Nystagmus test is most often used as a field test for drug impairment, measured by the driver’s ability to follow the movement of a pen or light.
Maine’s Implied Consent Law - Any motorist arrested in Maine on an OUI charge must give blood, urine, or breath samples at a police station or hospital for chemical testing, if requested.
These definitions cover only some of Maine’s OUI laws.
To understand how to handle your particular situation, consult an attorney.
For Referral to a Maine OUI Attorney call,