Maine Alcohol Laws

While you need to know Maine’s strict OUI laws, it’s also important to know other ways to deal with a traffic violation if alcohol is involved. If you have an open container of alcohol in your vehicle, you may still face a traffic violation even if your driving is not impaired by alcohol or drugs. This also applies if a passenger drinks alcohol or simply possesses the open container.

Maine’s open container laws, §2112-A, prohibit drivers and passengers from consuming alcohol in motor vehicles and drivers will be held liable if an open container of alcohol is found by law enforcement. order during a stop.

There are some exceptions to the rule, but drivers and passengers should know the laws so as not to inadvertently create legal problems during a trip and end up facing a potentially large fine.

Maine Open Container Law

Maine’s open container law states the following:

“Driving a vehicle on a public highway contravenes this article. [of the statute] if the driver or a passenger in the passenger area of ​​the vehicle:

1. Consumes alcohol; Or
2. Has an open alcoholic beverage container.

What types of alcoholic beverages does the law refer to?

The open container law covers “spirit, wine, fermented” or other alcoholic beverages intended for “human consumption” that contain more than 0.5 percent alcohol by volume.

What is considered an “open container” in Maine?

An open alcoholic beverage container generally refers to any open can or bottle containing an amount of alcohol above the 0.5 percent threshold. It also covers any other container:

• Open, or
• Have a broken seal, or
• Content has been partially deleted

Does the open container law apply to all parts of a vehicle?

Open container laws in Maine apply only to “passenger areas.” This is the area designed for the driver and passengers to sit while the motor vehicle is in operation.

The law does not apply to the trunk or cargo area of ​​a vehicle. It should be noted, however, that the glove box is considered part of the passenger area because it is easily accessible to both passengers and the driver when seated in the vehicle.

Thus, if an open container is discovered in one of these passenger areas, the driver is exposed to sanctions.

Does the open container law apply to all Maine roads?

Open container laws, like other drunk driving laws in Maine, apply to all public roads or “public roads” in the state. That is, any means owned and maintained by the state, county or city and open to the general public, including a right-of-way.

Are there any exceptions to the open container law in Maine?

The laws mentioned above cover the majority of situations in which an open container is found in a vehicle in Maine, supplementing the already tough drunk driving laws.

However, even if an open container is found in your vehicle, you may not be responsible for penalties if any of the following conditions apply:

• The open container of alcohol is found in the trunk: You can legally possess an open container of alcoholic beverage in the trunk or (if there is no trunk) behind the last upright seat or in an area not usually occupied by the driver or passengers.
• Passengers paid a fee for the driving service: In most vehicles intended for the paid transportation of passengers (except taxis), passengers can legally consume alcohol.
• The passengers are in their living quarters: If the vehicle is a motorhome, trailer, semi-trailer, or camper, passengers may legally consume alcohol and possess an open container in the residential premises without breaking any laws.
• The vehicle is an approved catering vehicle during a catering event.: A driver or employee of a driver may legally transport open containers of alcohol to and from catering events if the driver has a valid catering license.

What are the penalties for an open container in Maine?

The good news if you are charged under Maine’s open container law is that you will not face a criminal charge, jail time, or license suspension like you would in some states.

Instead, you will be considered to have committed a traffic violation. This is punishable by a minimum fine of $25 and a maximum fine of $500.

What are the rules and sanctions for juvenile offenders?

In Maine, minors (people under the age of 18) are generally not allowed to possess or consume alcohol. They are also generally not allowed to transport alcohol in a motor vehicle.

Illegal transportation of alcohol by a minor is specifically addressed by the Maine Legislature as follows:

“a minor cannot knowingly transport [liquor] or knowingly [allow liquor to be transported] in a motor vehicle under the control of the minor. The following sanctions apply to violations of this paragraph.

1. A minor who contravenes this paragraph commits a civil offense for which a fine of not more than $500 may be imposed.
2. A minor who violates this paragraph after having previously violated this section commits a civil offense for which a fine of not less than $200 nor more than $500 shall be imposed, none of which may be suspended.
3. A minor who violates this paragraph after having previously violated this section 2 or more times commits a civil offense for which a fine of not less than $400 nor more than $500 shall be imposed, neither of which may be suspended.

There are a few exceptions where a minor can legally transport alcohol in a motor vehicle in Maine:

• If the act falls within the scope of the minor’s employment
• If the act is done at the request of the parent or guardian of the minor, or
• If the alcohol is placed outside the passenger and driver area (such as a trunk or locked glove box) and the minor has no actual knowledge of its presence in the vehicle.

If a minor is caught with alcohol in the vehicle or is caught consuming alcohol, they can only be charged with one offense (illegal possession or illegal transportation), rather than both offenses.

Do penalties apply to open marijuana containers in Maine?

The Maine Legislature also addresses open marijuana containers.

Under this law, the driver of a vehicle on a public road commits a traffic offense if he or a passenger in the passenger area of ​​the vehicle consumes marijuana or a marijuana product or has an open container.

Again, the operator will not face criminal charges because marijuana is legal in the state of Maine.

In this sense, an open container is a container that contains any amount of marijuana or consumable products made from marijuana and has a broken seal or a container whose contents have been partially removed.

Similar exceptions exist with the open container law for marijuana as well as the open container laws for alcohol. An additional exception exists, however, for a passenger who has an open container and is a medical marijuana card holder.

For experienced legal help regarding any OUI crime, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation..

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