Maine

Implied Consent Laws

Drugs

§2521 - Learn More
If there is probable cause to believe a person has operated a motor vehicle while under the influence of intoxicants, that person shall submit to and complete a test to determine an alcohol level and the presence of a drug or drug metabolite by analysis of blood, breath or urine.
If a drug recognition expert has probable cause to believe that a person is under the influence of a specific category of drug, a combination of specific categories of drugs or a combination of alcohol and one or more specific categories of drugs, that person must submit to a blood or urine test selected by the drug recognition expert to confirm that person's category of drug use and determine the presence of the drug.

Blood

§2521 - Learn More
If there is probable cause to believe a person has operated a motor vehicle while under the influence of intoxicants, that person shall submit to and complete a test to determine an alcohol level and the presence of a drug or drug metabolite by analysis of blood, breath or urine.

Urine

§2521 - Learn More
If there is probable cause to believe a person has operated a motor vehicle while under the influence of intoxicants, that person shall submit to and complete a test to determine an alcohol level and the presence of a drug or drug metabolite by analysis of blood, breath or urine.

Oral Fluids

Not applicable
Maine does not currently test oral fluids, and such tests are not mentioned in their implied consent/duty to submit statutes.

Other

No Data Available
No Data Available

DUI Statutes

Drugs

§2411 - Learn More
Driving "while under the influence of intoxicants"

Combined/Multiple Substance

§2411 Learn More and §2401(13).Learn More
Section 2411 prohibits operating under the influence of intoxicants. “Under the influence of intoxicants” is defined as “being under the influence of alcohol, a drug other than alcohol, a combination of drugs or a combination of alcohol and drugs.”

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

§2521 - Learn More
Suspension of driver's license (275 days for the first refusal, 18 months for a 2nd refusal, 4 years for a 3rd refusal and 6 years for a 4th refusal); admissible in evidence at a trial for operating under the influence of intoxicants; considered an aggravating factor at sentencing if convicted (will subject person to a mandatory minimum period of incarceration)

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes

Criminal Trial

§2431(3)
Failure of a person to submit to a chemical test is admissible in evidence on the issue of whether that person was under the influence of intoxicants.
If the law enforcement officer fails to give the required warnings, the failure of the person to submit to a chemical test is not admissible, except when a test was required under section 2522.
If a failure to submit to a chemical test is not admitted into evidence, the court may inform the jury that no test result is available.
If a test result is not available for a reason other than failing to submit to a chemical test, the unavailability and the reason is admissible in evidence

ALR Laws

Cannabis

§2453-A - Learn More
Statute is specific to drug-impaired driving; suspension penalties are identical to alcohol-impaired OUI

Length/Time of Restriction

§2411 - Learn More
First offense: 150 days
Second offense: 3 years
Third offense: 6 years
Fourth and subsequent offense: 8 years

Hardship License Available

§2503 - Learn More
Petitioner must show clear and convincing evidence

Random Drug Testing or Ignition Interlock Requirements

Cannabis

§2508 - Learn More
"The Secretary of State may reinstate the license of a person convicted of a violation of section 2411, or whose license is suspended by the Secretary of State pursuant to section 2453 or 2453-A if the person satisfies all other conditions for license reinstatement and installs an ignition interlock device.” Timing depends on # of convictions..

Other Drugs

§2508 - Learn More
The Secretary of State may reinstate the license of a person convicted of a violation of section 2411, or whose license is suspended by the Secretary of State pursuant to section 2453 or 2453-A if the person satisfies all other conditions for license reinstatement and installs an ignition interlock device.” Timing depends on # of convictions.

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

No
Zero tolerance law applies only to alcohol.

Cannabis Per Se Statute

No

Threshold

No Data Available

Nanogram Limit

No Data Available

DUI Standards

Statute indicates driver must be under the influence. A person is “under the influence” when a person’s a “mental or physical faculties [are] impaired however slightly, or to any extent, by alcohol, drugs, or other intoxicants.” State v. Soucy, 2012 ME 16, ¶ 11, 36 A.3d 910.Learn More

Provisions for Screening Cannabis/Assessment/Education/Treatment

§2411 - Learn More
Second and subsequent offense must participate in the alcohol and other drug program (not specific to cannabis)
§2504. Learn More
After being suspended for an OUI offense, a person may not generally receive their license back until they have completed Maine’s alcohol and other drug program. There are some provisions for special licenses, including the one immediately below.
§2502 Learn More
First-time offenders may receive a special license for up to three months and beginning after the expiration of their license suspension. This special license is to be used while those first-time offenders complete an assessment under Maine’s alcohol and other drug program. Failure to complete the alcohol and other drug program within that three-month period will result in another license suspension, which must remain in place until the program is completed.

Additional Penalties

While not penalties, any reinstated license may contain conditions and restrictions. 29-A M.R.S. §2504. Learn More

Cannabis Impaired Driving Penalties

§2411 - Learn More
First offense: minimum $500 fine; 150-day license suspension
Second offense (w/in 10 years): minimum $700 fine; minimum 7 days in jail; 3-year license suspension
Third offense (w/in 10 years): minimum $1,100 fine; minimum 30 days in jail; 6-year license suspension
Fourth offense (w/in 10 years): minimum $2,100 fine; minimum 6 months jail; 8-year license suspension

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

Yes
In Maine, “operating under the influence” means “being under the influence of alcohol, a drug other than alcohol, a combination of drugs or a combination of alcohol and drugs.” 29-A M.R.S. § 2401(13).

Penalties for Multiple Substance/Multiple Substance Impaired Driving

Same as alcohol or drug only OUI.

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

§2411 - Learn More
Additional period of license suspension of 275 days

Statutes with THC Listed as Delta 8, 9, 10, or 11

Title 17-A Maine Criminal Code Learn More
Defines what is considered illegal tetrahydrocannabinols.
§2401 Learn More
For driving under the influence purposes, “’Drugs’ means scheduled drugs as defined under Title 17-A, section 1101. The term ‘drugs’ includes any natural or artificial chemical substance that, when taken into the human body, can impair the ability of the person to safely operate a motor vehicle. “

Electronic Warrant Program

Statewide

Maine Rule of Criminal Procedures 41(e)(3) and Rule 41C
These rules give discretion to the court or justice of the peace to allow for search warrant requests outside of their physical presence and set the rules for so doing.

By Locality

No Data Available

Law Enforcement Phlebotomy Program

§2524 Learn More
There is no specific law enforcement/forensic phlebotomy program statute. However, Maine law allows “a physician, licensed physician assistant, registered nurse or person whose occupational license or training allows that person to draw blood samples” to draw blood for driving under the influence purposes.

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

§1501 - Learn More
Must be age 21 or older for personal recreational use

Underage Cannabis Laws and Penalties

Underage Possession

§2383 - Learn More
Civil violation: fine of $350 to $600 for up to 1.25 oz. or $700 to $1,000 for more than 1.25 oz. to 2.5 oz.
§1107 Learn More
Criminal violation: possession of certain amounts of marijuana (beginning over 2.5 ounces and outside of the medical and recreational statutes) is crime, the severity of which depends on the amount possessed.

Underage Consumption

No Data Available

Underage Purchase

No Data Available

Underage Attempt to Purchase

No Data Available

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

Patients under 18 must have designated caregiver. See §2423-A - Learn More

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

No – specific to alcohol
See Title 28-A, Chapter 100: MAINE LIQUOR LIABILITY ACT - Learn More

Drugs

No – specific to alcohol
See Title 28-A, Chapter 100: MAINE LIQUOR LIABILITY ACT - Learn More

Penalties for Retailers Who Knowingly Sell to People Under 21

Per NORML (17-A M.R.S. § 1103; 17-A M.R.S. § 1105-A): Learn More
Furnishing marijuana (which includes “furnish[ing], giv[ing], . . . prescrib[ing], deliver[ing] or otherwise transfer[ing]”) outside of the medical or recreational statutes is a Class D crime. Sale of more than 1 lb but less than 20 lbs to someone over the age of 18 and less than 21, outside of the medical marijuana statutes, is a Class C Crime. Sale of more than 1 – less than 20 lbs. to a minor (under 18) or within 1,000 feet of a school or school bus or combined with a prior conviction for a similar crime, use of a firearm or use of a minor is a Class B crime punishable by a maximum sentence of 10 years imprisonment with a two-year mandatory minimum term of imprisonment and a maximum fine of $10,000. Sale of 20 lbs. or more to a minor or within 1,000 feet of a school or school bus or combined with a prior conviction for a similar crime, use of a firearm or use of a minor is a Class A crime punishable by a maximum sentence of 30 years imprisonment with a four-year mandatory minimum term of imprisonment and a $50,000 fine.

Other

No Data Available