While you should be aware of the strict OUI laws in Maine, it’s also important to know about other ways you can face a traffic infraction if alcohol is involved. If you have an open container of alcohol in your vehicle, you can still face a traffic infraction even if your driving is not impaired by alcohol or drugs. This also applies even if a passenger is drinking alcohol or just possesses the open container.
The open container laws in Maine, §2112-A, prohibit both drivers and passengers from consuming alcohol in motor vehicles and that the drivers will be held responsible if an open container of alcohol is found by law enforcement during a stop.
There are some exceptions to the rule, but drivers and passengers should be aware of the laws so that they don’t create inadvertent legal problems when out on a drive and end up facing a potentially sizable fine.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense attorneys today.
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Open container law in Maine
Maine’s open container law states the following:
“The operator of a vehicle on a public way is in violation of this section [of the statute] if the operator or a passenger in the passenger area of the vehicle:  
- Consumes alcohol; or  
- Possesses an open alcoholic beverage container.”
What types of alcoholic beverages does the law refer to?
The open container law covers “spirituous, vinous, fermented” or other alcoholic beverages intended for “human consumption” and that contain more than 0.5 percent alcohol by volume.
What is considered an “open container” in Maine?
An open alcoholic beverage container typically refers to any open can or bottle that contains any amount of alcohol above the 0.5 percent threshold. It also covers any other receptacles that are:
- Open, or
- Have a broken seal, or
- Have had the contents partially removed
Does the open container law apply to all parts of a vehicle?
The open container laws in Maine apply only to the “passenger areas”. This refers to the area that is designed for the driver and passengers to sit while the motor vehicle is in operation.
The law does not apply to the trunk or cargo area of a vehicle. However, it should be noted that the glove compartment is considered part of the passenger area as it is readily accessible to both passengers and the driver when they are seated in the vehicle.
Accordingly, if an open container is found in one of these passenger areas, the driver is likely to face penalties.
Does the open container law apply to all roadways in Maine?
The open container laws, like other drunk driving laws in Maine, apply to all public roads or “public ways” in the state. That is, any way that is owned and maintained by the state, county or city that is open for the general public to use, including a right-of-way.
Are there exceptions to the open container law in Maine?
The above-stated laws cover the majority of situations where an open container is found in a vehicle in Maine, supplementing the already harsh drunk-driving laws.
However, even if an open container is found in your vehicle, you might not be liable for the penalties if any of the following applies:
- The open container of alcohol is found in the trunk: you can lawfully possess an open alcoholic beverage container in the trunk or (if no trunk) behind the last upright seat or in an area not usually occupied by the driver or passengers.
- Passengers have paid a fee for the driving service: in most vehicles designed to transport passengers for a fee (except taxicabs), passengers can lawfully consume alcohol.
- The passengers are in their living quarters: if the vehicle is a motor home, trailer, semitrailer, or truck camper, passengers can legally consume alcohol and possess an open container in the living quarters without breaking any laws.
- The vehicle is a licensed catering vehicle at a catering event: a driver or a driver’s employee can lawfully transport open containers of alcohol to and from catering events if the driver has a valid catering license.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense attorneys today.
What are the penalties for an open container in Maine?
The good news if you are charged under Maine’s open container law is that you won’t face a criminal charge, jail time or license suspension as you would in some states.
Instead, you will be deemed to have committed a traffic infraction. This is punishable by a minimum fine of $25 and a maximum fine of $500.
What are the rules and penalties for underage offenders?
In Maine, minors (individuals under the age of 18) are generally not permitted to possess or consume alcohol. They are also not usually permitted to transport liquor in a motor vehicle.
The illegal transportation of liquor by a minor is specifically dealt with in the Maine legislature as follows:
“a minor may not knowingly transport [liquor] or knowingly [allow liquor to be transported] in a motor vehicle under the minor’s control. The following penalties apply to violations of this subsection.
- A minor who violates this subsection commits a civil violation for which a fine of not more than $500 may be adjudged.
- A minor who violates this subsection after having previously violated this section commits a civil violation for which a fine of not less than $200 and not more than $500 must be adjudged, none of which may be suspended.
- A minor who violates this subsection after having previously violated this section 2 or more times commits a civil violation for which a fine of not less than $400 and not more than $500 must be adjudged, none of which may be suspended.”
There are some exceptions where a minor can lawfully transport liquor in a motor vehicle in Maine:
- If the act is in the scope of the minor’s employment
- If the act is at the request of the minor’s parent or guardian, or
- If the liquor is placed outside of the passenger’s and driver’s area (such as a trunk or locked glove compartment) and the minor doesn’t have actual knowledge of its presence in the vehicle.
If a minor is found with alcohol in the vehicle or is caught consuming alcohol, he/she can only be charged with one offense (illegal possession or illegal transportation), rather than both offenses.
Do the penalties apply to open marijuana containers in Maine?
The Maine legislature also addresses open marijuana containers.
Under this law, the operator of a vehicle on a public way commits a traffic violation if the operator or a passenger in the passenger area of the vehicle consumes marijuana or a marijuana product or possesses an open container.
Again, the operator will not face criminal charges because marijuana is legal in the State of Maine.
In this sense, an open container is a receptacle that contains any amount of marijuana or consumable products made from marijuana and has a broken seal or a receptacle from which the contents have been partially removed.
Similar exceptions exist with the open marijuana container law as with the open container laws for alcohol. An additional exception exists, however, for a passenger who possesses an open container and is a cardholder for medical marijuana.
For experienced legal help with any OUI crime, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense attorneys today.
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