What Is OUI / DUI?

DSCN2386OUI

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 typically designated DUI or driving under the influence.  In Maine, there is no requirement that the motor vehicle must be operated on a public way.  The crime can occur through operation of a motor vehicle on private property.

OPERATE

The term “operate” means to either engage the transmission to direct power to the wheels of a motor vehicle or to attempt to do so.  In other words, to attempt to operate a motor vehicle under the influence is to operate a motor vehicle under the influence.

MOTOR VEHICLE

In general, the term “motor vehicle” is defined as any self-propelled vehicle that is not operated exclusively on railroad tracks.   There are certain exceptions.   For instance, by specific definition, snowmobiles and all-terrain vehicles are not motor vehicles.  Still, a person who operates an all-terrain vehicle on a public way is subject to the OUI law if that person operates it under the influence or with an excessive alcohol level.

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 had 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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