Maine · Handbook chapter 3 · 5 min read

Chapter 3: Ready to drive: fatigue, distraction, alcohol and drugs
Maine's rules and advice on vision, hearing, drowsy and distracted driving, the under-18 phone ban, aggressive driving, how alcohol and drugs impair you, the OUI law, implied consent, penalties, the open container law and young drivers.
Why this chapter matters
Maine's OUI law is one of the toughest in the country, and the written test puts special weight on it. Distracted driving is also a named topic on the exam. Key figures: 0.08, any amount under 21, one year, 150 days, 48 hours, up to six years, three types of distraction.
Vision, hearing and fatigue
You must see clearly, judge distance, see to the sides and see well at night. Have your eyes checked every year or two, and never wear sunglasses or tinted lenses at night. Hearing warns you of horns, sirens and vehicles in your blind spot, so keep the radio down and do not wear headsets or earbuds.
Fatigue slows your decisions and reactions. You cannot fight off sleep with caffeine, loud music or an open window, and "micro-sleeps" of four to five seconds can happen without your noticing. To stay alert:
- Get plenty of sleep before a trip and avoid driving between midnight and 6 a.m.
- Take a break every two hours or 100 miles, with a 15 to 20-minute nap if you feel tired.
- Warning signs include heavy eyelids, constant yawning, drifting out of your lane and not remembering the last few miles. Even one means you should pull off and rest.
Distractions
Anything that pulls your attention or your hands away from the driving task is a distraction. There are three types:
- Visual: looking away from the road (billboards, crash scenes).
- Manual: taking a hand off the wheel or controls (eating, tuning the radio, programming a GPS).
- Cognitive: thoughts and feelings such as anger or worry that pull your attention away.
Most crashes involve two or all three. Glances at mirrors or gauges should last less than one second. Set up your phone, navigation, food and grooming before you leave. A driver under 18 may not use a mobile telephone or handheld electronic device at all while driving. It is also illegal for any driver to read printed material while driving (a map or written directions is allowed).
Aggressive driving and emotions
Speeding, tailgating, unsafe lane changes, not signaling and ignoring traffic controls are all aggressive driving. If you are angry, upset or worried, cool off first, leave early or let someone else drive.
How alcohol and drugs affect you
Alcohol and other drugs play a part in about 40% of fatal crashes. Alcohol is a depressant. It harms judgment, vision (vision is affected at .02 for all drivers), color perception and reaction time, and it makes you feel more confident than you are. Your eyes recover from headlight glare more slowly after drinking.
- A 12 oz. beer, a 1 oz. shot of 100 proof liquor and a 4 oz. glass of wine hold about the same alcohol.
- Only time sobers you up. Coffee, cold showers and exercise do not.
- Over-the-counter cold and allergy medicines and many prescription drugs can impair you. Taking a legal drug is no defense in court. Mixing alcohol and drugs is especially dangerous.
Maine's OUI law
| Rule | Detail |
|---|---|
| Legal limit, 21 and older | 0.08 (blood or breath alcohol level) |
| Under 21 | Any amount of alcohol: license lost for at least one year |
| Immediate suspension | The Secretary of State suspends your license on the police report and test result, before court |
| Implied consent | By driving you agree to a test; refusing brings an administrative suspension of up to six years |
| First conviction, 0.08 to 0.14 | Fine of at least $500, license loss of at least 150 days, reinstatement fee, alcohol education |
| First conviction, 0.15 or more, refusal, 30+ mph over, eluding, or a passenger under 21 | At least 48 hours in jail (96 with a refusal) and at least 150 days without a license |
| Work license | None during the minimum OUI suspension |
| After reinstatement | A conditional license: no alcohol at all, for one year after a first offense and ten years after a later one |
The administrative suspension stands even if you are later found not guilty, and an officer's testimony alone can support a conviction. Drivers in a crash where someone dies or is likely to die must take a chemical test. A vehicle can be seized after certain OUI arrests. An OUI conviction is a criminal record, and the manual estimates the cost of one at more than $7,000.
Open containers
The driver breaks the law if the driver or a passenger in the passenger area drinks alcohol or has an open container. Exceptions include a container behind the last upright seat in a vehicle with no trunk, passengers in a hired vehicle other than a taxi, and the living quarters of a motor home.
Young drivers
It is illegal to buy, drink or transport alcohol under 21 (transport is allowed only for work or at a parent's request). Under Maine's OUI laws, every license held by someone under 21 is provisional and can be suspended at once.
Frequently asked questions
What is the legal alcohol limit in Maine?
0.08 for drivers 21 and older. Drivers under 21 may not drive with any amount of alcohol in their body.
What happens if I refuse a breath test in Maine?
Your license is suspended by the Secretary of State for up to six years, without court action, and the refusal can lengthen any OUI penalty.
What are the three types of driver distraction?
Visual, manual and cognitive.
Can coffee sober you up?
No. Only time removes alcohol from your body.
Based on the Maine Driver's License Manual (Bureau of Motor Vehicles) and the online Motorist Handbook and Study Guide.