Alcoholism rates are steadily rising in the state of Maine, which is creating the increased need for more quality alcohol rehab options to be available in the state. When an individual from Maine has admitted to having an alcohol abuse problem, this situation should be addressed immediately and an alcohol rehabilitation program should be administered as soon as possible. The process of selecting a Maine alcohol rehab program for the treatment an alcohol addiction can appear to be a daunting task; this is because of the many alcohol treatment options that are currently available, including short term, outpatient, inpatient and long term, just to name a few.

When an individual from Louisiana chooses outpatient alcohol treatment, it generally requires that they will receive alcohol rehabilitation on various days at specific times and return home every day following treatment. Very few individuals from Louisiana that have struggled with a serious alcoholism problem can experience successful long term recovery with such a minimum level of care. Long term residential alcohol rehabilitation is generally administered in a highly structured environment and the individual resides at the alcohol rehab center; this type of intense alcohol rehabilitation is much more conducive to successful long term sobriety.

Most people in Maine do not have a solid chance of overcoming their alcohol addiction without the assistance of a quality alcohol rehab center. The first thing that an individual from Maine has to do in order to be free from alcohol is to detox from the substance. Once an individual from Maine successfully completes the detox process, they can move forward to begin to complete the other phases of the comprehensive alcohol rehabilitation program; these components of treatment could include counseling, relapse prevention, and aftercare.

Maine alcohol related information and statistics are provided by the US Dept. of Transportation, National Highway Traffic Safety Administration and the National Conference of State Legislatures, 2004. In Maine, as with many states, drunk driving deaths have dropped significantly in the twenty six years since tracking began. Alcohol related fatalities peaked in 1983 at 135 and decreased by almost two-thirds to 47 in 2008. In 2008, out of all traffic fatalities, 28% involved a blood alcohol concentration (BAC) of 0.08 or higher.

The table below shows the total number of traffic fatalities (Tot) for the Maine, alcohol related fatalities (Alc-Rel) and fatalities in crashes where the highest BAC in the crash was 0.08 or above (0.08+). All 50 states in the US now apply two statutory offenses to operating a motor vehicle while under the influence of alcohol. The first (and original) offense is known either as driving under the influence (DUI), driving while intoxicated/impaired (DWI), or operating while intoxicated/impaired (OWI). This is based upon a Maine police officer's observations (driving behavior, slurred speech, the results of a roadside sobriety test, etc.) The second offense is called "illegal per se", which is driving with a BAC of 0.08% or higher. Since 2002 it has been illegal in all 50 states to drive with a BAC that is 0.08% or higher.

It is important to note that the Maine drunk driving statistics, as shown below, include data from individuals in Maine who were in an alcohol-related crash, but not driving a motor vehicle at the time. The U.S. Department of Transportation defines alcohol-related deaths as "fatalities that occur in crashes where at least one driver or non-occupant (pedestrian or pedalcyclist) involved in the crash has a positive Blood Alcohol Concentration (BAC) value." The fatality rates shown below refer to the number of people killed in all traffic accidents and, separately, in alcohol related traffic accidents, per 100 million vehicle miles traveled.

Sources: Centers for Disease Control and Prevention (CDC) 2003-2004, Office of Applied Studies 2003-2004 and the MADD Official Website statistics 2004

When is a driver considered to be legally drunk in Maine?

• Non-commercial drivers age 21+ in Maine are considered legally drunk when their blood alcohol level is .08 or more.
• Drivers of commercial vehicles in Maine are legally drunk when their blood alcohol level is .04 percent or greater. In Maine, school bus drivers are commercial drivers.
• Drivers under 21 in Maine are legally drunk when there is any amount of alcohol in their blood.

Penalties for Drunk Driving in Maine

• First-time offenders in Maine will be fined $500. The driver's license revocation period is 90 days. A first operating under the influence (OUI) in Maine is considered a Class D crime, which is punishable by up to three years in prison. Despite this potential penalty, imprisonment for at least 48 hours is mandatory if (1) the offender's BAC was .15 or greater; (2) the offender was exceeding the speed limit by 30 miles per hour or more; (3) the offender eluded or attempted to elude the police; or (4) the offender was driving with a passenger under 21.
• A person in Maine who commits a second OUI within a 10-year period will be fined at least $700. The driver's license suspension period is 18 months. A second OUI in Maine is considered a Class D crime, which is punishable by up to three years imprisonment. For a second OUI, the offender must be incarcerated for at least seven days. The offender will also be ordered to participate in a Maine alcohol program.
• A third-time offender who has two previous OUIs within a 10-year period commits a Class C crime in Maine, which is punishable by three to five years in prison. At a minimum, a third-time offender in Maine will be incarcerated for 30 days. The fine is at least $1,100. The driver's license suspension period is four years. The offender will be ordered to participate in a Maine alcohol program.
• A fourth-time offender with three previous OUIs within a 10-year period commits a Class C crime in Maine, which is punishable by three to five years in prison. At a minimum, a fourth-time offender will be incarcerated for at least six months. The fine is at least $2,100. The driver's license suspension period is six years. The offender will be ordered to participate in a Maine alcohol program.

Enhanced Penalties in Maine for Drunk Drivers Carrying Passengers Under 21

If a person in Maine commits an OUI while someone under 21 was in the vehicle, the offender's driver's license will be suspended for an additional 275 days.

Indefinite License Revocation for Habitual Offenders in Maine

Those in Maine convicted of OUI three or more times within a five-year period are "habitual offenders." Once a person becomes a "habitual offender," his or her driver's license will be indefinitely revoked.

Commercial Drivers

In addition to other penalties associated with Maine's OUI laws, a commercial driver in Maine who is convicted for the first time of OUI will be disqualified from driving a commercial vehicle for one year. If, however, the driver was transporting hazardous materials at the time, the disqualification period is three years. If a commercial driver commits a second OUI, he or she will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to 10 years.

School Bus Drivers

In addition to other penalties associated with Maine's OUI laws, any person who is convicted of OUI while operating a school bus will permanently lose their privilege to operate a school bus. Any school bus operator in Maine who is convicted of OUI while operating any vehicle will lose their privilege to operate a school bus for at least three years. Any school bus operator who is convicted of a second OUI while operating any vehicle within a 10-year period will lose their privilege to operate a school bus for at least six years.

Drivers at Least 18 but Under 21

A driver at least 18 but under 21 commits OUI in Maine if any amount of alcohol is detected in the blood. In addition to other penalties that may apply, a one-year driver's license suspension will be imposed for a first offense. For a second offense, the suspension period is two years. If, however, a passenger under 21 was in the vehicle at the time of the offense, an additional 180-day license suspension will be imposed.

Drivers Under 18

A driver who is under 18 and commits an OUI in Maine will be prosecuted and penalized under Maine's juvenile laws. A license suspension of at least 180 days will be imposed. Additionally, the offender may be placed in a juvenile correctional facility or be ordered to participate in a supervised work or service program. The offender may also be ordered to pay a fine or restitution.

What is Maine's Liquor Liability Act?

A Maine drinking establishment that negligently or recklessly serves alcohol to a minor or to a visibly intoxicated person is liable for damages caused by the intoxication. Service is "negligent" if the server knows, or if a reasonable and prudent person in similar circumstances would know, that the person being served is a minor or is visibly intoxicated. Service is "reckless" if the server intentionally serves liquor to a person with knowledge that the person is a minor or is visibly intoxicated while consciously disregarding the obvious and substantial risk that serving liquor to that person will cause physical harm to the drinker or to others. Evidence of "reckless conduct" includes active encouragement of drunken persons to drink substantial amounts of liquor; service of alcohol to a person under 18 when the server knows the person's age; and service of liquor to a person that is so continuous and excessive that it creates a substantial risk of death by alcohol poisoning.

Under this law, any person who is injured may bring an action against the server or drinking establishment for recklessly serving liquor. A claim for negligently serving liquor, however, may not be brought by the intoxicated person, his estate, or any other person claiming damages for personal injury or death of the drunken person if that person was at least 18 at the time of service. A claim for negligent service may be brought by third parties who were injured as a result of the person's intoxication, as well as the intoxicated person, his estate or any other person claiming damages for his injuries if the intoxicated person was under 18.

A claim for negligently or recklessly serving alcohol must be brought within two years after the cause of action accrues. Additionally, the person in Maine seeking damages under this law must give written notice to all defendants within 180 days of the date that the server's conduct created a claim for damages under the Act. The notice must specify the time, place, and circumstances of the server's conduct and the time, place, and circumstances of the resulting injury. Failure to give the written notice may be grounds for dismissing the claim.

Finally, except for expenses for medical care and treatment, including devices and aids, damages may not exceed $250,000 for any and all claims arising out of a single accident.

Criminal Penalties in Maine for Furnishing or Allowing Consumption of Liquor by a Minor

In Maine, it is a crime to furnish liquor to a minor. A first-time offender will be fined at least $500. A person in Maine who violates this law a second time within six years of the first violation will be fined at least $1,000. A person in Maine who violates this law a third or subsequent time within six years will be fined at least $1,500. If a violation of this law causes the minor or another person to suffer serious bodily injury or death, the offender is subject to pay a fine of up to $5,000 and may be sentenced to up to five years in prison.

Under this statute, a person also commits a crime by allowing a minor in his or her control to have or to drink liquor or by furnishing the minor with a place in which to drink. A person in Maine who violates this law will be fined at least $1,000. A second violation within a six-year period will result in a fine of not less than $2,000. If a violation of this law causes the minor or another individual to suffer serious bodily injury or death, the offender is subject to pay a fine of up to $5,000 and may be sentenced to up to five years in prison.

This law does not apply to a person who serves liquor to a minor in a home in the presence of the minor's parent or guardian.

Criminal Penalties in Maine for Furnishing Alcohol to a Visibly Intoxicated Person

In Maine, it is a crime to furnish alcohol to a visibly intoxicated person. A person in Maine who violates this statute is subject to a fine of up to $500.