Main DUI/OUI Law Explained

In the state of Maine, the offense of drunk driving is referred to as "Operating Under the Influence" (OUI). It is illegal to operate a motor vehicle while under the influence of intoxicants, or while having a blood alcohol content (BAC) of .08 or more ("Per se OUI).

"Under the influence of intoxicants" is defined as being under the influence of alcohol, a drug other than alcohol, a combination of drugs or a combination of alcohol and drugs.

MINORS - Persons under the age of 21 will be arrested and charged with OUI if they have any amount of alcohol present in their system (if BAC is higher than .00).

OUI SERIOUS BODILY INJURY - Persons alleged to have been under the influence and involved in an accident that results in serious bodily injury to another will face harsher penalties.

VEHICULAR HOMICIDE - If a person causes the death of another while operating a vehicle while intoxicated they will be charged with a class C crime of vehicular homicide.

COMMERCIAL DRIVERS - Driver's of commercial vehicles are presumed impaired if they have a BAC of .04 or higher.

SCHOOL BUS DRIVERS - It is illegal to operate a school bus while under the influence of intoxicants. A person's endorsement to operate a school bus will be permanently revoked upon conviction of an OUI offense. If the OUI offense occurred while the person was operating another type of vehicle, then his/her school bus endorsement will be suspended for 3 years (1 year mandatory) for a first offense and for 6 years for a second or subsequent offense (within 10 years).