ed folsom law

ed folsom law

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.  

OPERATE
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.

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