Understanding Operating Under the Influence Laws in Maine

Many individuals new to Maine are confused by the term Operating Under the Influence. There is no need for confusion, however, as operating under the influence is the same as driving under the influence in several other states. Any person driving a vehicle who has a blood alcohol content (BAC) of .08 or higher may be found guilty of this crime. When a person is arrested for this crime, their license is immediately suspended and they must wait for their day to appear in court. The individual cannot drive during this time period.

For those who are under 21, the law differs somewhat. Any person under this age who is found operating or trying to operate a vehicle with any alcohol in their blood may have their driver’s license taken for a period of one year. Refusing to take the BAC test doesn’t help either, as the state can then take the driver’s license for 18 months. When one or more passengers under the age of 21 are in the car at the time of the driver’s arrest, if the driver is under the age of 21, the license is then suspended for an additional 180 days. They may also be charged with the crime of OUI, but the mandatory one year license suspension remains in place.

Any person who obtains a driver’s license in the state must understand that they give implied consent when they do so. This means the driver agrees to undergo a chemical test, whether it be a breath, blood or urine one, whenever authorities feel it is warranted. The consent is what gives the state the right to take the driver’s license, and they may suspend it for a period of as long as six years. No court action is needed before this step is taken. Furthermore, when an arresting officer provides testimony regarding the impaired state of the driver, a person may be found guilty of OUI, even if they didn’t undergo a blood alcohol content test.

Visit http://www.webblawmaine.com/ to learn more about this crime and the accompanying consequences. People need to be informed before getting behind the wheel of a vehicle after consuming one or more drinks. This site works to ensure they are.