roadwise.Open study app

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

OUI penalties and implied consent

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
31, 32

Maine has one of the toughest O.U.I. laws in the nation. Your license can be suspended before you ever see a judge, and refusing a test makes things worse, not better.

0.08

Alcohol level (grams per 100 ml of blood or 210 liters of breath) that is criminal O.U.I.

Handbook p. 31 ↗

Know the rule

After an O.U.I. arrest, the Secretary of State immediately suspends your license based solely on the police report and alcohol test result, before any court appearance.

Handbook p. 31 ↗

Breath alcohol concentration (BrAC)

Grams of alcohol per 210 liters of breath. It depends on how much you drank, the time your body needs to eliminate it, and your weight.

Handbook p. 31 ↗

Know the rule

The officer gives a breath test (Sobermeter or Intoxilizer) unless that's unreasonable; then you must take a blood test, which a physician of your choice may give if reasonably available. Results are accepted in all courts.

Handbook p. 31 ↗

Implied consent

By driving in Maine you automatically consent to a test whenever authorities ask. You won't be forced, but refusing brings immediate suspension.

Handbook p. 31 ↗
Up to 6 years

Administrative suspension for refusing a test (no court action needed)

Handbook p. 31 ↗

Know the rule

An officer's testimony about your driving can bring an O.U.I. conviction even without a test result. You must also submit to a drug test if there is probable cause of drug impairment.

Handbook p. 31 ↗

Know the rule

The administrative suspension stands even if you are later found innocent. If convicted, a refusal is an aggravating factor and adds another suspension.

Handbook p. 32 ↗

First O.U.I. conviction

First O.U.I. conviction
SituationMinimum penaltyLicense loss
Alcohol level 0.08 to 0.14$500 fine ($600 with refusal)At least 150 days
Any aggravating factor below48 hours in jail (96 if you refused)At least 150 days
Handbook p. 32 ↗

Aggravating factors that bring the jail penalty:

  • Alcohol level of 0.15 or more
  • Traveling 30 mph or more over the speed limit
  • Attempting to elude an officer
  • Refusing to take an alcohol test
  • Having a passenger under 21 in the vehicle
Handbook p. 32 ↗

Know the rule

Every first-offense penalty also includes a license reinstatement fee and an alcohol and other drug education and treatment program.

Handbook p. 32 ↗

Know the rule

Second and later O.U.I. offenders must show proof of liability insurance before reinstatement. Maine offers an ignition interlock program for O.U.I. offenders.

Handbook p. 32 ↗

Know the rule

There is no work or limited license during the minimum O.U.I. suspension period.

Handbook p. 32 ↗

Put it into practice

A driver stopped at 0.16 who refuses the breath test faces immediate administrative suspension for refusing, and if convicted at least 96 hours in jail and a 150-day suspension. Taking the test would have cut the minimum jail time in half.

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.

What BAC level constitutes operating under the influence for a driver 21 or older in Maine?
  1. 0.08
  2. 0.05
  3. 0.06
  4. 0.10

Answer: 0.08

A BAC of 0.08 grams or higher is the legal threshold for OUI in Maine.

Handbook p. 31 ↗
What happens automatically when you operate a vehicle on Maine roads, regarding chemical testing?
  1. You consent only after a crash
  2. You may refuse with no license penalty
  3. You consent to a test if requested
  4. You consent only if under 21

Answer: You consent to a test if requested

Implied consent means that by driving in Maine, you automatically consent to a chemical test when requested.

Handbook p. 31 ↗
How long can a license suspension for refusing a chemical test last?
  1. Up to 6 years
  2. Up to 4 years
  3. Up to 1 year
  4. Up to 2 years

Answer: Up to 6 years

Refusing the test results in an administrative suspension of up to six years.

Handbook p. 31 ↗
For a first OUI conviction at 0.08 to 0.14 BAC, what is the minimum license suspension?
  1. 150 days
  2. 30 days
  3. 90 days
  4. 365 days

Answer: 150 days

A first OUI conviction at 0.08–0.14 results in a license loss of at least 150 days.

Handbook p. 32 ↗
At what BAC level or higher does a first OUI conviction carry a mandatory minimum 48 hours in jail?
  1. 0.15
  2. 0.08
  3. 0.10
  4. 0.12

Answer: 0.15

A BAC of 0.15 or higher on a first OUI conviction carries at least 48 hours in jail.

Handbook p. 32 ↗
There is a work or limited license option available during the minimum OUI suspension period.
  1. True
  2. False

Answer: False

There are no provisions for a work or limited license during the minimum OUI suspension period.

Handbook p. 32 ↗
Take the lesson checkpoint in the app

More in Fit to Drive: Fatigue, Distraction, and Alcohol