1. Administrative Penalties
Those under the age of 21 who are stopped while driving and
are found to have any amount of alcohol in their systems will
be arrested and asked to take a breathalyzer test. Under the
“zero tolerance” policy in place in Maine, a positive result could
lead to a suspension of the person’s license through the
Bureau of Motor Vehicles.
If you refuse to undergo a breath or chemical test, you will face
an automatic 18 month suspension. The BMV will also add an
additional six months to the suspension if there were any
passengers under the age of 21. Repeat offenders are likely to
face even more charges, including longer suspensions.
You have up to ten days after the BMV mails the notice to file a hearing to contest the suspension. An
experienced defense attorney should be able to help cut the suspension in half and/or obtain certain driving
privileges for education or work.
Violations For Transporting Alcohol
If you are under the age of 21, it is illegal to transport alcohol in a motor vehicle, except in certain cases of
parental permission or employer permission. However, however it is better to err on the side of caution as it
carries a penalty of 30-days suspension for the first offense, 90-days on the second, and a year plus fine for
anything beyond that. Since it is a civil offense, jail time is not a consideration.
Minors and Alcohol
Some of the most serious criminal charges that a person can face applies to supplying alcohol to minors or
providing a place to consume alcohol. These laws apply regardless of age, and are a Class D misdemeanor
that carries up to 364 days in jail and at least $2,000 in fines.
As Maine has a problem with underage drinking, the penalty for furnishing alcohol or giving a place for
minors to consume alcohol is the same as a Class C felony, including up to five years in prison, a $5,000
fine, and two years of probation. These penalties apply to alcohol consumed in your home by minors,
whether you know it or not. You can be charged to the full extent of the law, including financial penalties for
each minor.
Criminal Court Case
Those who are under 21 and caught drinking and driving face criminal and civil charges. The civil offense of
illegal possession (by consumption) of alcohol than can result in a fine. The criminal charges that may
2. include OUI and Operating Without A License can result in a Class E misdemeanor, which can be 180 days
in jail, up to a $1,000 fine, and up to a year of a suspended license.
Charges and penalties will depend on the seriousness of the violation. If the breath alcohol concentration
(BrAC) is below 0.08 and there are no signs of impairment, you may only face an Operating Without A
License charge. If you refuse the test or have a result of 0.08 or more BrAC, you will be charged with OUI
and Operating Without a License. Your first offense will result in a 150-day license suspension, up to a year
in jail, and a fine between $500 and $2,000. You will also have to pay a reinstatement fee and complete the
TEED DEEP program before your licence can be reinstated.
For More Information Please Visit:
http://www.nicholswebb.com/maine-defender/maines-underage-drinking-laws-
possession-oui/