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Many drivers in Maine assume that as long as their Blood Alcohol Content (BAC) is below the legal limit, they’re safe from being charged with Operating Under the Influence (OUI). But that isn’t always the case. While a BAC of 0.08% is the standard threshold for presumed impairment, Maine law allows for OUI charges even when your BAC is below that limit.
This post explains how OUI charges can still apply at lower BAC levels, why observable impairment matters, and what types of situations might lead to an arrest even when the BAC reading is under 0.08%. Maine’s OUI laws are structured to focus on the ability to operate a vehicle safely, not just a numerical BAC threshold.
Whether you’re a driver seeking clarity or someone concerned about how impairment is evaluated legally, this guide will help you understand when and how OUI charges can occur even if you’re technically below the legal limit.
Understanding the 0.08% Legal Presumption Rule
In Maine, the legal BAC limit for adult drivers is 0.08%. If your BAC is at or above that level, the law presumes that you are impaired, and this is sufficient for an OUI charge without additional evidence. This is called the “per se” limit, meaning that impairment is automatically presumed at or above this threshold.
However, Maine law also allows for OUI charges when the BAC is below 0.08%, if the driver is found to be impaired to any degree. In other words, 0.08% is not a cutoff for legal protection—it’s simply the level at which impairment is presumed without further proof.
When the BAC is below 0.08%, officers and courts rely on other signs of impairment to determine whether the driver was unfit to operate a vehicle safely.
OUI Charges Based on Observable Impairment
In cases where the BAC is below 0.08%, law enforcement can still charge a driver with OUI if there is sufficient evidence of impairment. This might include:
- Erratic driving behavior
- Failed field sobriety tests
- Slurred speech or confusion
- Poor coordination or physical indicators
- Admissions of alcohol or drug use
The key question becomes whether the driver was “under the influence to a degree that renders them incapable of safe operation”. If the officer determines that your ability to operate a motor vehicle was affected, even slightly, you may be arrested and charged—regardless of whether your BAC is below the legal limit.
This approach allows Maine to enforce impaired driving laws based on real-world impairment, not just chemical test results.
Drug Impairment and BAC Irrelevance
It’s also important to note that BAC only measures alcohol—not other substances. Drivers impaired by drugs (whether prescription, over-the-counter, or illegal substances) may have a BAC of 0.00% and still be charged with OUI.
Maine’s OUI law covers any substance that impairs a person’s ability to operate a vehicle safely. If an officer observes signs of drug impairment and gathers evidence such as poor driving behavior, dilated pupils, or failed sobriety tests, you may still face an OUI charge without any alcohol present in your system.
In these cases, law enforcement may request a blood or urine test to detect substances other than alcohol, and the presence of impairing drugs—whether alone or in combination with alcohol—can be the basis for a conviction.
Underage Drivers and the Zero-Tolerance Rule
For drivers under 21, Maine enforces a zero-tolerance BAC policy. This means that any measurable amount of alcohol in the system of an underage driver can lead to legal consequences, regardless of whether they’re impaired or meet the 0.08% standard.
Even a BAC of 0.01% or 0.02% can result in license suspension and penalties for underage drivers. This zero-tolerance rule emphasizes Maine’s commitment to preventing underage drinking and driving, and it ensures that BAC below 0.08% does not shield younger drivers from legal consequences.
Situations Where Sub-0.08% OUI Charges Are Most Common
While not as common as standard BAC-based charges, there are several scenarios where OUI charges below the legal limit do occur:
- Drivers with low BAC who show signs of impairment due to alcohol sensitivity, fatigue, or medications
- Drivers under the influence of a combination of alcohol and other substances
- Drivers involved in accidents who test below 0.08% but display signs of poor judgment or delayed response times
- Drivers who admit to consuming alcohol and exhibit physical symptoms, even if their BAC is under the limit
In these situations, the officer may cite multiple forms of evidence to support the claim that the person was impaired, even without reaching the per se threshold.
Legal and Administrative Consequences Still Apply
Being charged with an OUI under 0.08% carries the same types of consequences as those charged above the legal limit. These may include:
- License suspension
- Fines and court fees
- Required substance education or treatment programs
- Increased insurance rates
- Criminal record implications
Because Maine does not require a 0.08% BAC to prove impairment, individuals should be aware that any amount of alcohol or impairing substance in combination with unsafe driving could lead to an OUI arrest and conviction.
FAQ: OUI Below the Legal Limit in Maine
Can I be charged with OUI if my BAC is under 0.08%?
Yes. If you show signs of impairment, you can be charged even with a BAC below the legal limit.
What if I pass the breath test but fail sobriety tests?
You may still be arrested. Observable signs of impairment can be enough for an OUI charge in Maine.
Does BAC matter if I’m under 21?
Yes. Maine has a zero-tolerance policy for drivers under 21. Any alcohol in your system can lead to penalties.
What about legal drugs or prescriptions?
You can be charged with OUI if you’re impaired by any substance, even if it’s legally prescribed.
Is it safer to refuse the BAC test if I think I’m under the limit?
Refusing a test can lead to immediate license suspension and other penalties under Maine’s implied consent law.
Conclusion
In Maine, you can be charged with OUI even if your BAC is below 0.08%, as long as law enforcement has reason to believe your ability to drive safely was impaired. The law focuses on actual impairment—not just chemical thresholds—allowing for arrests based on behavior, observations, and the presence of other substances. Whether you’re an adult driver, a commercial operator, or under 21, it’s important to understand that the legal limit is not a protective shield against impaired driving charges.
To better understand how BAC is used to define impaired driving in Maine, visit the Blood Alcohol Content and Legal Limits resource. For foundational information about how BAC works under the law, see our in-depth guide on What Blood Alcohol Content (BAC) Means Under DUI Laws.