You should know not to drive drunk,
but do you know what to do if you’re
injured by a drunk driver?
Drinking and driving can kill you or someone else. And if you’re charged with an alcohol-related offense, it can change your life forever. Here’s what you need to know before you drive in Maine.
There are two ways drinking and driving can ruin your life or the life of someone you care about. First is if you’re convicted of a drunk driving offense; that’s never good and its repercussions can follow you for the rest of your life. Second, you could be the victim of a drunk driver and can suffer life-changing and devastating injuries in a crash where you did nothing wrong.
Neither is what you want the story of your life to be.
Whether you’re one of the 1.3 million Maine residents, or you’re visiting as a tourist or for work, it’s important to know the state laws related to drunk driving and what you should do if you’re in a drunk driving accident.
Maine drunk driving laws
Maine uses the term “OUI”, or “operating under the influence.” The state defines this as operating or attempting to operate a motor vehicle while under the influence of intoxicants or having a blood alcohol concentration (BAC) of 0.08% or higher. A driver is under the influence in Maine if alcohol, drugs, or other intoxicants diminish their mental or physical capacity.
A commercial driver or a school bus driver is legally drunk if their BAC is .04%; a driver under 21 is not allowed to have any amount of alcohol in their blood.
An intoxicant could be any substance, including both illegal and legal prescription drugs.
Under Maine law, you don’t have to be actually driving in order to be convicted for OUI. This statute covers the attempt or intent to drive; even if the vehicle isn’t moving, if you’re impaired and you take a substantial step toward driving, you can still be convicted.
A prior conviction for a DUI or OUI will appear on your record for sentencing purposes for ten years. In other words, if you have no prior drunk driving convictions in any state in ten years, you’re considered a first offender.
Maine drunk driving penalties
| Maine drunk driving: First offense OUI |
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| Maine drunk driving: Second offense OUI |
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| Maine drunk driving: Third offense OUI |
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| Maine drunk driving: Fourth and subsequent offenses OUI |
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Additional aggravating factors
Passenger under age 21: Additional 275-day suspension
Serious bodily injury to another person: Can be a Class C crime and maximum jail sentence of five years in prison and $5,000 fine, and maximum jail sentence of six months and a fine of $2,100 and a six-year loss of license.
Death of another person or a prior felony OUI conviction: OUI can be a Class B crime and subject to a maximum sentence of 10 years in prison and a fine of $10,000; or minimum jail sentence of six months, fine of $2,100 and ten-year loss of license.
There are some unexpected consequences of a Maine OUI conviction, too. You might have a permanent criminal record for impaired operation of a motor vehicle, which might affect your ability to be hired for certain jobs. You also might have trouble traveling out of the country; since Maine shares a border with Canada, this could be a problem if you want to cross. Canada would need to give you special permission to enter. You also might have trouble leasing or renting a car.
Maine Liquor Liability Act
If a drinking establishment negligently or recklessly serves alcohol to a minor or a visibly intoxicated person, the establishment can be liable for civil damages caused by the person’s intoxication.
“Negligence” under this law is if the server knows—or if a reasonable and prudent person would know—that the consumer is a minor or is visibly intoxicated. “Reckless” refers to the intentional provision of liquor with the knowledge that the patron or consumer is a minor or is visibly intoxicated. This includes the conscious disregard for the obvious and substantial risk of harm to the intoxicated person or someone else.
This law allows the victim of a drunk driver who was provided alcohol under these circumstances to file a lawsuit against the establishment for serving the alcohol. It does not allow the intoxicated person or their representative (if the person dies) to sue the establishment; it is specifically reserved for third parties who were injured. If a plaintiff (injured person) wishes to file a lawsuit under the Liquor Liability Act, they must provide written notice to defendants within 180 days of the date of service of alcohol. Damages in this instance are capped at $350,000 for all victims’ claims that arise from a single accident.
It is a crime in Maine to provide alcohol to a visibly intoxicated person. The penalty is a fine up to $500.
What should you do if you’re a victim of a Maine drunk driver?
As in any Maine car accident, you can file a claim against the at-fault driver. An OUI accident is no different. It’s important to bear in mind that any criminal charges for the driver are separate from their civil liability (i.e. the personal injury lawsuit). You, as the plaintiff, don’t recover damages from any court proceeding for their criminal action.
If you intend to recover financial damages, you must file a personal injury lawsuit. Your best bet is to seek the guidance of a qualified, experienced Maine personal injury lawyer to determine the legal course of action for your claim.
Bentley’s Law: Accountability in DUI Aftermath
Maine is confronting intoxication manslaughter with Bentley's Law. This pivotal legislation mandates that those guilty of such grievous offenses bear the financial burden for the minor children of parents they've claimed. Dive into Maine's forward-thinking approach.
See our guide Choosing a personal injury attorney.