Like the rest of the country, a Maine DUI refers to Driving Under the Influence. However, Maine also refers to it as OUI (Operating Under the Influence) or OWI (Operating While Intoxicated). For all intents and purposes, Maine defines the term “under the influence” as a person’s mental or physical abilities being impaired to the “slightest degree” as the result of the consumption of alcohol and/or drugs. If your BAC is .08 or above, you will be charged with OUI.
The subjective observations of an officer of the law can also be used as OUI evidence, without the need for a BAC result. These observations include an alcohol odor, bloodshot or glassy eyes, lack of coordination and/or balance, slurred speech, and reckless or unsafe driving.
If you are operating under the influence of controlled substances, either prescribed or over the counter, you can face the same penalties as a drunk driver. Law enforcement authorities can detect drugs through the BAC test, field sobriety tests, and the subjective observations listed above.
Maine DUI laws are written as zero tolerance for underage drinking. Therefore, if you are under the age of 21, your driver’s license will be suspended for at least one year if you’ve been operating a vehicle with any alcohol in your system.
There is a “washout” period of ten years for dui arrests. This means that if dui offenders have ten years’ time between offenses, the previous offense is washed out, and the current offense will be treated as if it were your first.
Were there aggravating factors concerning your first DUI in Maine? Those include attempting to elude law enforcement, a BAC of .15 or above, exceeding the speed limit by at least 30 miles per hour, or a minor passenger in the vehicle. These circumstances require a mandatory 48-hour jail sentence. And, if you had a minor passenger, there will be an additional 275-day suspension of your license.
Your refusal to take a blood, breath, or urine chemical test will be considered an “implied expression of guilt” and will be used as evidence against you. In fact, this refusal is also considered an aggravating factor that will bring harsher penalties than if you had tested positive. These include a mandatory minimum sentence of 96 hours in jail, a $600 fine, and a 90-day suspension of your driver’s license.
If your OUI causes serious bodily injury or death, or if you have a prior conviction for a felony OUI or OUI homicide, it is considered a strict liability felony. The dui penalties for this are a minimum of a six-month jail sentence, a $2,100 file ($2,500 if you refused to take a chemical test), a six-year license suspension, and two years of probation.
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