Drinking and Driving Laws in Maine
The State of Maine prohibits drivers with a .08 percent blood alcohol content (BAC) or above from operating a motor vehicle. This criminal offense is called a OUI (Operating Under the Influence) in the State of Maine. The .08 BAC limit is the standard measurement used in all states for the "impaired" driver. The State of Maine has special laws for drivers under the age of 21 and commercial drivers. If you are under the age of 21, and have been found operating a motor vehicle with any alcohol in your system your drivers license will be suspended for at least 1 year. Maine has Zero tolerance for minors that drink and drive.
2008 Changes to the DUI Law in Maine
On 03/31/08 the Governor enacted ME S 266 (Found under LD 856). Here is the Summary of the Bill: Allows the Secretary of State to reinstate the license of a person convicted of more than one violation of the operating under the influence laws if the person installs an approved ignition interlock device, provides for a specified number of years operation as a condition of license reinstatement, provides for reinstatement fees. To View the text of this bill please CLICK HERE.
How many drinks does it take to reach the legal limit in Maine?
This question is often asked by drivers that want to know how many drinks they can have before they are considered legally drunk. There are calculators , tables and charts that can help you predict your BAC level based on a number of factors, however these devices cannot predict your individual BAC with certainty.
The best answer is not to drink and drive . The State of Maine has strict laws for drunk driving, and when you drink and drive in Maine, you risk your freedom, finances and your future.
Drunk Driving Laws in Maine
State of Maine BAC Laws:
All drivers with a BAC of .08 or higher.
Under 21 - Zero Tolerance
Commercial Vehicle Driver with a BAC of .04 or higher.
Maine Drunk Driving Fines & Penalties
First Drunk Driving Conviction
For your first OUI conviction in Maine you will receive up to 90 days in Jail and a $500 fine. Your drivers license will be immediately suspended until your day in court and for a minimum of 90 days after conviction. When your license is reinstated, it will be issued as a conditional license for the period of 1 year. If there is another conviction for OUI after the first, the conditional license will be for 10 years. A conditional license can be suspended for one year, without a preliminary hearing, for operating a vehicle with any amount of alcohol in the blood.
Second Drunk Driving Conviction
Your fine will be $700 and you will spend a minimum 7 days up to 18 months in Jail. Your drivers license will be suspended until your day of court, after that you will have your license suspended for a minimum of 18 months if you have a 2 OUI's within a 10 year period. If your second conviction is within 10 years of your previous conviction, you will be denied a work-restricted drivers license or registering a motor vehicle.
Third Drunk Driving Conviction
Your fine will be $1,100 and you will spend a minimum 30 days up to 4 years in Jail. Your drivers license will be suspended for 4 years if you have 3 OUI convictions within 10 years. If your third conviction is within 10 years of your previous conviction, you will be denied a work-restricted drivers license or registering a motor vehicle.
Fourth Drunk Driving Conviction
Your fine will be $2,100 and you will serve a minimum 6 months to 6 years in Jail. Your drivers license will also be suspended for 6 years of you have 4 or more OUI's within a 10 year period. You will also be denied a work-restricted drivers license and you will not be able to register a motor vehicle.
The Implied Consent Law in Maine
The implied consent law in the State of Maine deems that all drivers agree to submit to a test of their blood, breath or urine. Refusing to submit to a chemical test will bring on harsher penalties than a positive chemical test. The refusal of a chemical test brings on "Aggravated" factors to your OUI that bring additional jail time, monetary punishment and a longer license suspension. Additional Information on Drunk Driving Laws, Penalties and Fines in Maine
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