Driving Under the Influence of Drugs in Maine

What is considered drugged driving in Maine and the related penalties.

Maine’s OUI (operating under the influence) laws apply not only to alcohol, but also all other intoxicants. An intoxicant is any substance that can lead to impairment, including illegal drugs, marijuana, and prescription medications. To be convicted of an OUI, the person’s physical or mental faculties need only be impaired by the intoxicant to the slightest extent.

Criminal Penalties

The penalties for a drug-related OUI conviction generally depend on the number of prior OUI convictions the offender has that occurred within the preceding ten years.

1st Offense

2nd Offense

3rd Offense

Jail

Up to 1 year

7 days to 1 year (minimum 12 days if implied consent violation)

30 days to 5 years (minimum 40 days if implied consent violation)

Fines

$500 to $2,000

$700 to $2,000 (minimum $900 if implied consent violation)

$1,100 to $5,000 (minimum $1,400 if implied consent violation)

License Suspension

150 days

3 years

6 years

Driver’s License Consequences

All OUI convictions result in license-related penalties. But Maine has special rules that apply to drug OUI cases.

Implied consent and unlawful refusals. Drivers who are lawfully arrested for an OUI are required by law to submit to a breath, blood, or urine test. Refusing a test isn’t a crime but can result in increased criminal and license-related consequences. An unlawful refusal in a drug OUI case will result in a license suspension of 275 days for a first offense, 18 months for a second offense, and four years for a third offense. This suspension will be in addition to any other suspensions imposed.

Test failures. If the driver submits to chemical testing, the arresting officer will submit the results to the Secretary of State. The Secretary will review the results and, if the results show the driver was under the influence of intoxicants, suspend the driver’s license for 150 days for a first offense, three years for a second offense, and six years for a third offense. This suspension will run concurrently (at the same time) as any other suspension imposed.

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