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Maine driving lesson · Fit to Drive: Fatigue, Distraction, and Alcohol

After an OUI: conditional licenses, fatal crashes and open containers

A 4-minute lesson from the Maine course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

Read time
4 minutes
Course unit
Fit to Drive: Fatigue, Distraction, and Alcohol
Checkpoint questions
6
Source pages
32, 33, 34, 35, 36

An O.U.I. follows you long after the suspension ends. Your license comes back with conditions, the costs pile up past $7,000, and a crash involving a death brings even harsher rules.

Know the rule

A license reinstated after an O.U.I. is conditional: you may not drive with any amount of alcohol in your system.

Handbook p. 32 ↗
275 days

Added to an O.U.I. or refusal suspension if a passenger under 21 was in the vehicle

Handbook p. 33 ↗

How long the license stays conditional

How long the license stays conditional
AfterConditional for
1st O.U.I. conviction1 year
2nd or later conviction10 years
Handbook p. 33 ↗

Conditional licensee violations

Conditional licensee violations
ViolationSuspension
Driving with any amount of alcohol1 year, without preliminary hearing
Driving at 0.08 or higherSame as a 2nd or 3rd O.U.I.
Refusing an alcohol test2 years, added to prior suspension
Handbook p. 33 ↗

Know the rule

If you're arrested for O.U.I., or for operating after an O.U.I.-related suspension, your vehicle can be seized, and you pay towing and storage fees plus a fine and jail time.

Handbook p. 34 ↗

Fatal crashes:

  • Every driver in a fatal crash (or where death is likely) must take a chemical test; refusal: 1-year suspension
  • Impaired driving that negligently causes a death: immediate suspension of at least 1 year
  • That suspension runs consecutive to any suspension for refusing the test
  • Vehicular homicide conviction: prison and revocation of at least 5 years; permanent if intoxicated
Handbook p. 34 ↗

Know the rule

Open container law: a driver on a public way violates the law if the driver or a passenger in the passenger area drinks alcohol or has an open alcoholic container.

Handbook p. 35 ↗

Open container exceptions:

  • In a vehicle without a trunk, behind the last upright seat or in an area not normally occupied
  • A passenger paying a fare in a for-hire vehicle other than a taxicab
  • A passenger in the living quarters of a motor home, trailer, semi-trailer or truck camper
  • The driver or employer holds an off-premise catering license, transporting to or from a catered event
Handbook p. 35 ↗

What one O.U.I. can cost

What one O.U.I. can cost
ExpenseCost
Lawyer$2,000
3-year insurance surcharge$4,000
Fine$500
Alcohol education course$300
Lost work time (jail)$300
Towing / bail / reinstatement$50 / $40 / $50
Total$7,240
Handbook p. 35 ↗

Know the rule

Under 21, it's illegal to buy alcohol or to transport it in a vehicle unless it's within the scope of your job or at a parent's or guardian's request. Transporting illegal drugs is illegal at any age.

Handbook p. 36 ↗

Know the rule

Under 21 and driving with any alcohol in your blood, or refusing the test? You lose your license for at least one year. All licenses issued to people under 21 are provisional under the O.U.I. laws.

Handbook p. 36 ↗

Know the rule

Over half of young people killed in alcohol-related crashes were not the ones drinking. Don't ride with a driver who has been drinking; call a taxi, a bus, a friend or a relative.

Handbook p. 36 ↗

Put it into practice

Eight months after your first O.U.I., your license is back but conditional. At a party you have one beer, then drive. Any amount of alcohol breaks the condition: a one-year suspension with no preliminary hearing.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

A driver aged 25 is suspended for OUI. How many days must be added to the suspension if a passenger under 21 was in the vehicle?
  1. 365 days
  2. 150 days
  3. 90 days
  4. 275 days

Answer: 275 days

A 275-day suspension is added to the OUI or refusal suspension if a passenger under 21 was present.

Handbook p. 33 ↗
After a first OUI conviction, how long is a reinstated license considered conditional?
  1. 2 years
  2. 10 years
  3. 1 year
  4. 6 months

Answer: 1 year

After a first OUI conviction, the reinstated license is conditional for one year.

Handbook p. 33 ↗
Roughly how much can a single OUI conviction end up costing, according to the handbook's example?
  1. Over $12,000
  2. Over $7,000
  3. Over $1,000
  4. Over $3,000

Answer: Over $7,000

The handbook estimates total OUI-related costs at over $7,000, including fines, towing, and insurance surcharges.

Handbook p. 35 ↗
What is required of every driver involved in a fatal accident, regardless of fault?
  1. Surrender their license at the scene
  2. Retake the road test
  3. Submit to a chemical test
  4. Take a driver improvement course

Answer: Submit to a chemical test

Every driver in a fatal accident must submit to a chemical test, or face a one-year suspension.

Handbook p. 34 ↗
A person arrested for OUI, or for operating after a suspension based on a prior OUI, is subject to what additional consequence?
  1. Cancellation of the vehicle's insurance
  2. Vehicle seizure and towing/storage fees
  3. Cancellation of the vehicle's registration
  4. Loss of the vehicle's inspection sticker

Answer: Vehicle seizure and towing/storage fees

Such a person is subject to vehicle seizure and payment of towing and storage fees, plus fines and possible jail time.

Handbook p. 34 ↗
After a second OUI conviction, a reinstated license is conditional for one year.
  1. True
  2. False

Answer: False

False. After a second or subsequent OUI conviction the reinstated license is conditional for ten years. The one-year conditional period follows a first conviction.

Handbook p. 33 ↗
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