OUI (Operating Under the Influence) FAQ's

Q: -What is B.A.C?

 A: -B.A.C. is blood alcohol content, it is a precise measurement of the amount of alcohol in a quantity of blood. It can be measured with a breath test or a blood test.

Q: -What is significant about a B.A.C. level of .08?

A: - In the State of Maine, if you have a B.A.C. of .08 percent or more, you can be found guilty of O.U.I. by a court on this basis alone, without further evidence.

 Q: -What does "Implied Consent" mean?

A: - A license to operate a motor vehicle is a privilege that is granted by the issuing State. It is not a Constitutional Right.

Under Implied Consent, you automatically agree to a chemical test (blood, breath or urine) at any time  that 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 automatic suspension could be for a period of up to 6 years.

Q: -Can a person be convicted of O.U.I. after refusing a chemical test?

A: - YES, in the State of Maine, testimony from the arresting officer regarding your driving performance can result in an O.U.I. conviction even without the B.A.C. test!.

Q: - What are the penalties for O.U.I.

A: - Because drunk driving takes thousands of innocent lives each year, the State of Maine has imposed a tough drunk driving law. The table below gives some examples:

Offense Suspension Jail Time Fine 1st no aggravating factors 90 days 0 $400 1st w/ aggravating factors (1) 90 days 48 hours $400 1st- w/test refusal (2) 90 days 96 hours $500 2nd (3) 18 months 7 days $600 2nd- w/test refusal 18 months 12 days $800 3rd 4 years 30 days $1000 3rd- w/test refusal 4 years 40 days $1300 4th or more 6 years 6 months $2000 4th w/ test refusal 6 years 6 months and 20 days $2400

(1)= Aggravating factors include B.A.C. of .15 or more, or traveling 30 m.p.h. or more over the speed limit, or attempting to elude an officer of the law, or having a passenger under 16 years of age.
(2)= Refusal to be tested results in a loss of license for 180 days which is consecutive to any  suspension imposed for an O.U.I. conviction.
(3)=A second conviction within ten years prohibits the offender from obtaining a work-restricted license or from registering a vehicle.