Maine's Drugged Driving Law

Learn about the laws and penalties for driving under the influence of drugs (DUID) in Maine.

Maine’s drugged driving law is located at Maine Revised Statute Title 29-A Section 2411. It states that a person commits an OUI if that person operates a motor vehicle while under the influence of intoxicants. “Under the influence of intoxicants” means being under the influence of a drug other than alcohol or a combination of drugs.

In other words, in Maine it’s a crime to drive while impaired by a drug. No blood testing standard is established in Maine – that is, there is no fixed amount of drugs within the blood system that determines conviction. Whether a driver is impaired is determined on a case-by-case basis and at the discretion of the prosecutor.

What drugs are prohibited?

Maine’s drugged driving law is directed at the prohibition of  "any drug" that acts as an intoxicant and impairs driving. It’s not an acceptable defense to a drugged driving charge to claim that the driver is legally entitled to use the controlled substance.

What happens if a driver is convicted of drug impaired driving in Maine?

A driver arrested for drugged driving in Maine will be charged with driving under the influence and subject to DUI penalties. A conviction for drugged driving will be considered as a prior offense for purposes of calculating punishment regardless of whether a subsequent offense is due to alcohol or drugs. Read more about Maine’s DUI laws.

Do Maine drivers have to submit to drug testing?

Yes, there is an implied consent rule for blood and urine testing. The refusal to take the test can be admitted into evidence against the driver.

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