1. What are the minimum and maximum penalties for a first time DUI offense in Maine?
The minimum penalty for a first time DUI offense in Maine is 150 days of license suspension, a $500 fine, and the attendance of a substance abuse program. The maximum penalty for a first time DUI offense in Maine is 364 days of license suspension, a $2,000 fine, and a jail sentence of up to six months.
2. What is the legal Blood Alcohol Content (BAC) limit in Maine?
The legal BAC limit in Maine is 0.08%.
3. Is it a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Maine?
Yes, it is a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Maine. According to the Maine Bureau of Highway Safety, anyone operating a motor vehicle in the state has given implied consent to submit to a chemical test if suspected of DUI. Refusal is considered a Class D crime, punishable by a fine of up to $1,000 and/or up to six months in jail.
4. How long does a DUI conviction stay on an individual’s record in Maine?
A DUI conviction stays on an individual’s record in Maine indefinitely.
5. Are there any exceptions to the zero tolerance policy on underage drinking and driving in Maine?
Yes, there are some exceptions to the zero tolerance policy on underage drinking and driving in Maine. If the person has a valid medical prescription for an intoxicating beverage or if the person is within the presence of a parent or guardian who is 21 years of age or older and is not under the influence of intoxicants, then these exceptions may apply.
6. Are there any restrictions on the sale or possession of alcohol for drivers under 21 years of age in Maine?
Yes, there are restrictions on the sale and possession of alcohol for drivers under 21 years of age in Maine. It is illegal for anyone under 21 to buy, possess, or consume alcohol. It is also illegal for anyone under 21 to be in a bar or liquor store. Furthermore, any person under 21 found operating a motor vehicle with a BAC of .02 or more can be charged with a violation and face penalties such as a fine and license suspension.
7. Are there any ignition interlock laws in Maine?
Yes, ignition interlock laws are in effect in Maine. All offenders with a BAC of 0.15 or higher are subject to the requirement of installing an ignition interlock device in their vehicles. The device must be installed for at least 180 days before the driver can have their license reinstated.
8. What type of license suspension is issued for a DUI conviction in Maine?
In Maine, a driver convicted of a DUI is subject to a license suspension for a minimum of 90 days up to a maximum of three years. The length of the suspension depends on the nature of the offense and the driver’s driving record.
9. Is an individual required to attend drug and alcohol classes or treatment programs after being charged with a DUI in Maine?
Yes. An individual who has been charged with a DUI in Maine is required to attend either a drug and alcohol class or a treatment program. The exact requirements will vary depending on the specifics of the case, such as the severity of the DUI charge and any aggravating factors.
10. Does Maine have an implied consent law for chemical testing after a DUI arrest?
Yes, Maine has an implied consent law for chemical testing after a DUI arrest. If a person is arrested for operating under the influence in Maine, they are required by law to submit to a breath, blood, or urine test to determine the presence of alcohol or drugs. Refusal to submit to testing can result in a 180-day license suspension and up to $500 in fines.
11. Are there any laws requiring sobriety checkpoints or roadblocks in Maine?
Yes, Maine requires law enforcement to conduct sobriety checkpoints and roadblocks. Additionally, law enforcement is authorized to conduct random stops of vehicles on the roadway if they suspect a driver of being impaired or if the vehicle is involved in a suspected offense.
12. Are there any restrictions on the types of vehicles an individual may operate following a DUI conviction in Maine?
Yes, depending on the individual’s license type and the severity of the DUI conviction. A Class C license holder will be restricted to operating vehicles with a Gross Vehicle Weight Rating of up to 10,000 pounds (Class C license holders cannot operate any vehicle requiring a Class A or B license). A Class D license holder will be restricted to operating vehicles with a Gross Vehicle Weight Rating of up to 26,001 pounds (Class D license holders may not operate any vehicle requiring a Class A or B license). Finally, a Commercial Driver’s License (CDL) holder will be restricted to only operating vehicles with a Gross Vehicle Weight Rating under 26,001 pounds and not requiring a CDL.
13. Is it possible to have a DUI charge reduced to a lesser offense in Maine?
Yes, depending on the circumstances of the case and the offender’s criminal history, it is sometimes possible to have a DUI charge reduced to a lesser offense in Maine.
14. What is the legal limit for open containers of alcoholic beverages while driving in Maine?
Open containers of alcoholic beverages are not allowed in any vehicle in the state of Maine. All alcoholic beverages must be stored in a sealed container and kept in the trunk or an area of the vehicle not readily accessible to the driver or passengers.
15. Does insurance coverage change after a DUI conviction in Maine?
Yes. Insurance companies often increase rates or cancel policies after a DUI conviction in Maine. Depending on the severity of the offense, some insurance companies may even refuse to provide coverage for those with a DUI conviction.
16. Are there any circumstances where an individual may drive with revoked license resulting from a DUI conviction in Maine?
No, driving with a revoked license resulting from a DUI conviction is not allowed in Maine. The only exception is if the driver has been granted a limited license by the Secretary of State, which is granted only under special circumstances.
17. Are there any laws that make it illegal to operate a vehicle without insurance after being convicted of a DUI in Maine?
Yes. According to Maine Revised Statutes Title 29-A, Section 2412-A, it is illegal in Maine to operate a vehicle without insurance after being convicted of a DUI.
18. Is plea bargaining allowed for DUI cases in Maine?
Yes, plea bargaining is allowed in DUI cases in Maine. In some cases, the prosecution may offer a plea deal to reduce the severity of the charge or sentence.
19. How long does an individual have to request a hearing with the DMV regarding driver’s license revocation for a DUI conviction in Maine?
In Maine, an individual must request a hearing within 10 days of receiving notice of license suspension or revocation.
20. Does Maine offer any programs that allow individuals to get their driver’s license reinstated following a DUI conviction?
Yes. According to the Maine Bureau of Motor Vehicles, individuals who have had their driver’s license suspended due to a DUI conviction may be eligible for reinstatement after completing the Impaired Driver Program (IDP). The IDP consists of a twelve-hour course with both group and individual counseling sessions in order to help individuals address the issues underlying their DUI conviction. Upon successful completion of the program, individuals may be eligible to have their driver’s license reinstated.