Mason Delacroix
The legal alcohol limit in Maine is a blood alcohol content (BAC) of 0.08% or more. If you are found operating or attempting to operate a motor vehicle with this BAC, you are guilty of a criminal offense known as Operating Under the Influence (OUI). The State of Maine interprets a refusal to submit to a breathalyzer test as failing the test and can suspend your license for up to six years. The consequences of an OUI conviction include imprisonment, fines, alcohol education classes, installation of an ignition interlock system, and the loss of your driver's license.
| Characteristics | Values |
|---|---|
| Legal drinking age | 21 |
| Blood alcohol content limit for driving | 0.08% |
| Blood alcohol content limit for drivers under 21 | 0% |
| Blood alcohol content limit for aggravating factors | 0.15% |
| Minimum jail time for first OUI offense with aggravating factors | 48 hours |
| Minimum jail time for second OUI offense | 12 days |
| Minimum fine for second OUI offense | $900 |
| Minimum jail time for third OUI offense | 40 days |
| Minimum fine for third OUI offense | $1,400 |
| Surcharge for OUI conviction | $30 |
| Surcharge for OUI conviction involving drugs or a combination of liquor and drugs | $125 |
| Maximum suspension period for refusing to take a blood-alcohol test | 6 years |
| Minimum suspension period for refusing to take a blood-alcohol test | 2 years |
| Minimum suspension period for drivers under 21 with any measurable amount of alcohol in their system | 1 year |
| Additional suspension period for drivers under 21 with passengers under 21 | 180 days |
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What You'll Learn
Legal drinking age
In the state of Maine, US, you must be 21 or over to purchase and consume alcohol. This is the same legal drinking age as in all other US states. Maine state law requires that anyone who appears to be 30 or younger must be carded. At 17, it is legal to work as a server in a restaurant that serves alcohol or as a bartender, but only under the supervision of someone over 21.
Maine has strict laws in place to discourage drinking and driving. Driving Under the Influence (DUI) laws apply to any driver under the age of 21 with a blood alcohol content (BAC) of any amount—0.00 percent or above. For all drivers, the legal BAC limit is 0.08 percent. Anyone caught driving with a BAC of 0.08 percent or more is at risk of a DUI or Operating Under the Influence (OUI) conviction. Refusing to take a breathalyser test is treated as failing the test, and refusing to cooperate with a request for chemical testing can result in a mandatory suspension of the driver's license for up to a year.
The penalties for a DUI or OUI conviction in Maine include jail time, community service, financial penalties, license suspension, and the installation of an ignition interlock device. The length of suspension and the severity of the penalties increase for second and third convictions. Maine also allows the courts to confiscate a driver's vehicle either permanently or temporarily, which is usually reserved for repeat offenders.
Alcohol sales in Maine are regulated by the State Liquor and Lottery Commission, which consists of five members appointed by the Governor of Maine and confirmed by the Maine Legislature. Alcohol can be sold in privately-owned "Agency Liquor Stores", but these cannot be within 300 feet of a school or church unless a public hearing is held or the store is in a downtown area. Alcohol cannot be sold between 1 am and 6 am from Monday to Friday, or between 1 am and 9 am on Sundays. Liquor can be sold from mobile carts on golf courses.
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Blood Alcohol Content (BAC) limit
In the state of Maine, the legal Blood Alcohol Content (BAC) limit for driving is 0.08%. Anyone caught driving with a BAC of 0.08% or more is at risk of an OUI (Operating Under the Influence) conviction. The state suspends the license of any driver caught with a BAC of 0.08% or more immediately, meaning that offenders won't be able to drive before their court appearance. Refusal to take a breathalyser test is interpreted as failing it, and refusing to cooperate with a request for chemical testing can result in a mandatory suspension of the driver's license for up to a year.
Drivers under the age of 21 are subject to DUI penalties if they test for a BAC of any amount, i.e., 0.00% or above. For these drivers, a first offense will result in a license suspension for one year. For drivers over the age of 21, a BAC of 0.15% or above will result in harsher penalties.
Maine law prohibits anyone from operating a motor vehicle while under the influence of intoxicants or with a BAC of 0.08%. Operating a motor vehicle includes attempting to drive. If you have the keys in the ignition, you're in the driver's seat, or your hands are on the wheel, an officer can arrest you for OUI.
Ignition interlock devices are a breath-testing mechanism installed into a vehicle's ignition system. If alcohol is detected, the vehicle won't start. Offenders may regain driving privileges by installing one of these devices, which they must pay for themselves.
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Open container laws
In Maine, open container laws prohibit passengers and drivers from drinking alcohol in a motor vehicle. Previously opened containers of alcohol must be stored in the trunk of the car or in an area not normally occupied by the driver or passenger, or behind the last upright seat in the vehicle. Open containers are also permitted in vehicles for hire (excluding taxicabs), the living quarters of a mobile home, trailer, semitrailer, or truck camper, and in vehicles operated by a licensed caterer transporting alcohol to or from an event.
Maine has strict laws regarding driving under the influence of alcohol. The legal blood alcohol content (BAC) limit is 0.08 per cent. A driver with a particularly high BAC of 0.15 per cent or above is subject to harsher penalties. These penalties also apply to drivers who refuse to cooperate with a request for chemical testing. Maine's implied consent law interprets the refusal to submit to a breathalyser test at the request of a police officer as failing the test.
Penalties for driving under the influence (DUI) include license suspension, fines, jail time, and community service. Maine allows courts to confiscate a driver's vehicle either permanently or temporarily, typically reserved for repeat offenders. An ignition interlock device may be installed into the offender's vehicle as a punishment, which is expensive for the driver. Offenders may also be required to complete alcohol education or treatment for alcohol abuse.
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DUI penalties
In Maine, the legal blood alcohol content (BAC) limit is below 0.08%. Anyone caught driving with a BAC of 0.08% or more is at risk of an OUI (Operating Under the Influence) conviction. For drivers under the age of 21, a BAC of any amount—0.00% or above—is punishable under Maine's zero-tolerance law for underage OUI.
The state of Maine has implied consent laws, which means that drivers are required to submit to chemical testing (breath, blood, or urine) at the request of a law enforcement officer. Refusing to cooperate with such a request can result in mandatory suspension of the driver's license for up to a year and is considered an aggravating factor that may increase penalties.
For a first DUI conviction, the DMV can suspend a driver's license for 90 days. The suspension for a second conviction is 18 months, and for a third conviction, it is four years. Offenders may be eligible for a restricted license as first-time offenders, but they must serve two-thirds of their suspension and complete a drug and alcohol program. The DMV may also require offenders to complete a substance abuse assessment and education program before their license can be reinstated.
Other penalties for DUI in Maine include the confiscation of the driver's vehicle, either permanently or temporarily, and the installation of an ignition interlock device, which is a breath-testing device that prevents the vehicle from running if alcohol is detected. Offenders are responsible for the cost of the device, which is typically leased at a rate of $2 to $3 per day.
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Advertising alcohol content
The advertising of alcohol content in Maine is subject to a variety of regulations. The state's alcohol industry is tightly controlled, with the Bureau of Alcoholic Beverages and Lottery Operations (BABLO) maintaining strict oversight over the wholesale supply and pricing of spirits. BABLO is responsible for regulating business practices in the alcohol industry, creating a favourable economic climate, and prohibiting sales to minors. All advertisements for liquor in the media must be approved by BABLO, and it is prohibited to use an image of the Maine State House in liquor advertising.
Prior to 2014, bars in Maine were not permitted to display the alcohol content of their beverages, though they could state it verbally. However, a change in the law now allows bars and restaurants to list the alcohol content of their beverages on menus and signs, as long as it is not embellished with descriptive language. The original reasoning behind the law, passed post-Prohibition in 1937, argued that if bars displayed the strength of their liquor, consumers would drink more of it.
There are some restrictions on what broadcasters can advertise. For example, it is prohibited to give the alcohol content of beer in a radio or TV commercial. Bars can advertise a "half-price happy hour", and stations can advertise hard liquor, but they may want to review their policies and the moral and ethical issues involved before accepting such advertising. It is illegal for a liquor licensee to offer or deliver any free drinks or advertise "free" liquor. However, it is permissible to advertise liquor as part of an all-inclusive, fixed-price package.
Licensees are allowed to include the alcohol content of malt liquor, wine, or spirits in an advertisement or on a label, as long as it is expressed as a percentage of alcohol by volume. They are also permitted to offer free food or entertainment with or without the purchase of one drink, increase prices when entertainment is provided, and include a drink as part of a meal package.
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Frequently asked questions
Maine's legal alcohol limit for driving is .08% blood alcohol content (BAC).
The penalties for driving with a BAC of over .08% in Maine include a criminal record, a suspended license, fines, jail time, and alcohol education classes.
The legal drinking age in Maine is 21.
The implied consent law in Maine states that if you refuse to submit to a breathalyzer or blood-alcohol test, your license can be suspended for up to six years, and your refusal can be used as proof of consciousness of guilt.
Aggravating factors for OUI in Maine include a BAC of .15% or more, speeding 30 miles per hour or more over the limit, attempting to elude an officer, and having a passenger under 21 years of age.
