Maine takes Operating Under the Influence (OUI) offenses — both alcohol and drug-related — very seriously, with severe penalties in place to deter impaired driving. Statistically, OUI-related fatalities are a leading cause of death in Maine and across the country, making it clear that driving under the influence of alcohol or drugs poses significant dangers. Impairment can lead to severe effects such as impaired vision, reduced motor skills, hallucinations, and even loss of consciousness, making it unsafe for both the driver and others on the road.
Underage drivers face even harsher consequences under Maine’s “zero tolerance” policy, which mandates strict penalties for those caught with any measurable amount of alcohol or drugs in their system. This post will delve into the penalties for both underage and non-underage OUI offenses, explaining the legal ramifications and the long-term impact on your driving privileges and criminal record.
If you have been charged with underage OUI or standard OUI, it is critical to seek immediate legal counsel to help protect your rights and potentially minimize the consequences. An experienced defense attorney can be crucial in navigating the legal complexities of your case and reducing the severity of the penalties you face.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
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Zero tolerance Law in Maine
Maine enforces a strict Zero Tolerance Law for drivers under 21, making it illegal to operate or attempt to operate a vehicle with any measurable alcohol in their system. A violation results in an automatic one-year license suspension, with harsher penalties for those who refuse a chemical test. A test refusal triggers a minimum 18-month suspension, and if a passenger under 21 is in the vehicle, an additional 180-day suspension applies.
Additionally, underage drivers with a BAC of .08% or higher can face criminal OUI charges, leading to even more severe consequences. At The Maine Criminal Defense Group, our attorneys understand the serious impact of underage OUI charges and provide aggressive legal defense to protect your future.
Underage OUI in Maine
In Maine, “underage OUI” refers to motorists under the age of 21 (in the case of impaired driving due to alcohol). Currently, Maine has a “zero tolerance” policy for underage drunk driving, which means that a minor who has any measurable amount of alcohol in his or her system will be guilty of underage OUI. There is no minimum BAC level, as there is with overage drivers. Furthermore, in addition to having a lower threshold, underage OUI is also punished more severely, as we will discuss in more detail below.
We should point out that, other than the possibility of a misdemeanor criminal charge, underage drivers will not ordinarily face harsher consequences when they exceed the 0.08% BAC level which applies to overage drivers. In other words, the zero tolerance policy is meant to impose the same harsh consequences on all underage offenders; an underage offender won’t face more severe consequences depending on their precise BAC level. Of course, underage offenders can still do things to exacerbate their situation, but BAC level isn’t relevant in this respect (aside from prosecution for a misdemeanor).
Underage OUI and your permanent record
Unlike some criminal offenses, an underage OUI conviction in Maine does not disappear when you turn 18. It remains on your permanent record, affecting college admissions, job opportunities, and even your ability to secure affordable car insurance. A single mistake can have long-term consequences, making it crucial to take legal action immediately.
At The Maine Criminal Defense Group, we understand the stakes involved in underage OUI cases. Our experienced attorneys work to minimize the impact on your future by fighting for reduced penalties, dismissals, or alternative resolutions whenever possible. If you’re facing an underage OUI charge in Maine, securing skilled legal representation is essential to protecting your future.
Underage Drugged OUI in Maine
Similarly, underage drugged driving in Maine simply refers to the phenomenon of any underage driver operating a motor vehicle while under the influence of intoxicating drugs, such as marijuana, cocaine, or methamphetamine, to name a few. As with underage OUI for alcohol, drugged driving offenses can likewise be worsened whenever the offender refuses to submit to a chemical test. In the case of drugged driving, the chemical test typically takes the form of a urine analysis. If the underage offender refuses to comply, then there will be an additional increase to the suspension.
Penalties of Underage OUI & Drugged OUI
Underage OUI penalties
The penalties for underage OUI here in the State of Maine are as follows: for a first offense, the offender will face a minimum 1-year license suspension, and an additional 180 days if there is an underage passenger in the car at the time of the offense. If the driver refuses to comply with a breath test (or other BAC measurement), this will add another 6 months to the license suspension. If the offender has a BAC of 0.08% or greater, meaning he or she is “legally drunk,” this will enhance the punishment. An underage driver who is legally drunk will face a misdemeanor criminal charge in addition to the consequences referenced above.
Importantly, when an underage driver commits OUI, this offense will not be automatically expunged once the offender reaches adulthood. The offense will remain on the offender’s record, which can cause problems when it comes to college admittance, job placement, and other areas.
For subsequent violations, the underage offender will face a minimum 2 year license suspension. As with first offenses, offenders will see an increase of 6 months to this suspension term whenever they have an underage passenger at the time of the violation.
Underage Drugged Driving OUI penalties
For underage drivers, the penalties for drugged driving (under the influence of marijuana, cocaine, or any other intoxicant) mirror those for overage drivers, but there will be an additional license suspension. Even for first offenders, there will be a penalty of an additional 180 days to the license suspension. If an underage passenger is in the car at the time of the underage drugged driving, there will be a further increase of 275 days to the license suspension. Also, as mentioned, offenders who don’t submit to a chemical analysis will see an increase to their license suspension; this refusal can also be relevant when a judge determines sentencing.
Contact our underage OUI defense lawyers today
Being charged with either non-underage or underage OUI, whether for drunk driving or drugged driving, is not a matter to approach lightly. If you’ve been charged with this type of offense, you need to take this issue very seriously, as we see that the punishments can be life-altering.
If you want to learn more about these offenses and their corresponding penalties, or if you need professional assistance, get in touch with the Maine Criminal Defense Group today by calling 207-571-8146.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
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