In the state of Maine, if you are driving a motor vehicle with a blood alcohol conent of .08% or more, you are guilty of a criminal offense known as Operating Under the Influence (OUI). Following your arrest, based solely on the police report and blood alcohol content (BAC) test results, the Secretary of State will immediately suspend your license. This suspension takes place prior to any court appearance, so while you are awaiting your day in court, you won’t be allowed to drive.
The Zero Tolerance Law
If you are under 21 years of age, Maine has a special law for you. If you are found operating, or attempting to operate, a motor vehicle with any measurable amount of alcohol in your body, you will lose your license for one year. If you refuse a test, you will lose your license for at least 18 months. If you have a passenger under 21 years of age, an additional 180 day suspension will be imposed.
Drivers under 21 with a BAC of .08% or more can be prosecuted for the criminal offense of OUI, but the license suspension must be for one year.
Blood Alcohol Content (BAC)
BAC is a precise way of stating the amount of alcohol in a quantity of blood. BAC can be measured with a breath test or a blood test. If you have a BAC of .08% or more, you can be found guilty by a court on this basis alone, without further evidence.
Implied Consent
It is important for Maine drivers to remember that a driver’s license is not a right guaranteed under our Constitution. It is a privilege that is administratively issued and can be withdrawn by the State. Under Implied Consent, you automatically agree to a chemical test (blood, breath, or urine) at any time authorities have probable cause to administer it. If you refuse to take such a test for alcohol or drugs, your driver’s license will be immediately suspended. The suspension could be for a period of up to six years. Because it is an administrative suspension, no court action is necessary. In addition, testimony from the arresting officer regarding your driving performance can result in an OUI conviction even without the BAC test!
If you are found guilty of OUI based on the police officer’s testimony, your refusal to take a test will be considered as an aggravating factor by the judge and another suspension, as well as mandatory jail time, will be tacked on. So by refusing, you will have a much harsher penalty than if you’d taken the test.
Remember a test can protect you. If you are not legally intoxicated, the test will show it.
*Source: Maine Bureau of Highway Safety
