What Is OUI/DUI?
Operating Under the Influence
OUI is a crime that involves operating a motor vehicle while under the influence of intoxicants or while having an alcohol level of .08% or more. In states other than Maine, the crime is ordinarily designated DUI or driving under the influence.
In Maine, the term “operate” means to either engage a transmission to direct power to the wheels of a motor vehicle or to attempt to do so.
UNDER THE INFLUENCE
A person is “under the influence” when that person’s senses are impaired to some degree by intoxicants. Intoxicants include alcohol, prescription and non-prescription drugs and any other substance that is capable of impairing a person’s safe operation of a motor vehicle.
If a person’s mental or physical faculties are impaired by a prescription drug, it is not a defense that the source of impairment was prescribed. If it is proven that a person has an alcohol level of .08 or more at the time of operation it is not necessary for the state to prove the person was also under the influence.