Maine § 29-A §2411 Criminal OUI

Maine Statutes

§ 29-A §2411 — Criminal OUI

Maine·Title 29-A MOTOR VEHICLES AND TRAFFIC·Ch. 23 MAJOR OFFENSES - SUSPENSION AND REVOCATION

1.Offense. 1-A. Offense. A person commits OUI if that person:

2.Pleading and proof. The alternatives outlined in subsection 1‑A, paragraph A may be pleaded in the alternative. The State is not required to elect between the alternatives prior to submission to the fact finder. In a prosecution under subsection 1‑A, paragraph D, the State need not prove that the defendant's condition of being under the influence of intoxicants or having an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath caused the serious bodily injury or death alleged. The State must prove only that the defendant's operation caused the serious bodily injury or death. The court shall apply Title 17‑A, section 33 in assessing any causation under this section.

3.Investigati

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1.
Offense.
1-A.
Offense.
A person commits OUI if that person:
2.
Pleading and proof.
The alternatives outlined in subsection 1‑A, paragraph A may be pleaded in the alternative. The State is not required to elect between the alternatives prior to submission to the fact finder. In a prosecution under subsection 1‑A, paragraph D, the State need not prove that the defendant's condition of being under the influence of intoxicants or having an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath caused the serious bodily injury or death alleged. The State must prove only that the defendant's operation caused the serious bodily injury or death. The court shall apply Title 17‑A, section 33 in assessing any causation under this section.
3.
Investigation.
After a person has been charged with OUI, the officer shall investigate whether the charged person has prior OUI offenses. As part of the investigation, the officer shall make necessary inquiries of the Secretary of State.
4.
Arrest.
A law enforcement officer may arrest, without a warrant, a person the officer has probable cause to believe has operated a motor vehicle while under the influence of intoxicants if the arrest occurs within a period following the offense reasonably likely to result in the obtaining of probative evidence of an alcohol level or the presence of a drug or drug metabolite.
5.
Penalties.
Except as otherwise provided in this section and section 2508, violation of this section is a Class D crime, which is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A. The following minimum penalties apply and may not be suspended:
5-A.
Notice.
The court shall give notice of a license suspension.
5-B.
Additional period of suspension.
The Secretary of State may impose an additional period of suspension under section 2451, subsection 3 or may extend a period of suspension until satisfaction of any conditions imposed pursuant to chapter 23, subchapter III, article 4.
6.
Aggravated punishment category.
7.
Surcharge.
A surcharge must be charged for a conviction under this section. The surcharge is $30, except that, when the person operated or attempted to operate a motor vehicle while under the influence of drugs or a combination of liquor and drugs, the surcharge is $125. For the purposes of collection procedures, the surcharge is considered a fine. Notwithstanding section 2602, this surcharge accrues to the Highway Fund for the purpose of covering the costs associated with the administration and analysis of alcohol level tests.
8.
Juvenile crime.
References in this Title to this section include the juvenile crime in Title 15, section 3103, subsection 1, paragraph A for conduct that, if committed by an adult, would be considered criminal under this section, and the disposition, including a suspension, for that juvenile crime in Title 15, section 3314, subsection 3‑C, except as otherwise provided or except where the context clearly requires otherwise.

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Legislative History

PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §B5 (AFF). PL 1995, c. 65, §A115 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 1995, c. 368, §§AAA7-10 (AMD). PL 1995, c. 645, §B18 (AMD). PL 1997, c. 737, §§8-11 (AMD). PL 1999, c. 703, §1 (AMD). PL 2001, c. 332, §1 (AMD). PL 2001, c. 511, §3 (AMD). PL 2003, c. 452, §§Q77-83 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2003, c. 633, §8 (AMD). PL 2003, c. 673, §§TT3,4 (AMD). PL 2003, c. 689, §B6 (REV). PL 2005, c. 397, §§B7,8 (AFF). PL 2005, c. 438, §1 (AMD). PL 2005, c. 606, §§A1-4 (AMD). PL 2007, c. 531, §2 (AMD). PL 2007, c. 531, §10 (AFF). PL 2009, c. 447, §§37-42 (AMD). PL 2011, c. 81, §1 (AMD). PL 2011, c. 159, §1 (AMD). PL 2011, c. 657, Pt. AA, §78 (AMD). PL 2013, c. 187, §1 (AMD). PL 2013, c. 389, §1 (AMD). PL 2013, c. 389, §7 (AFF). PL 2013, c. 459, §2 (AMD). PL 2013, c. 604, §2 (AMD). RR 2015, c. 2, §18 (COR). PL 2017, c. 99, §1 (AMD). PL 2025, c. 173, §20 (AMD). PL 2025, c. 431, §27 (AMD).