OUI on an ATV or Snowmobile

207-571-8146
ATV on a Trail

Maine's ATV Lawyer

Serving the Areas of Bangor, Biddeford, Augusta, Saco and Portland

You're almost certainly aware that it's illegal to operate a vehicle under the influence of drugs or alcohol (OUI). However, a question that you might want to ask is whether this includes driving your all-terrain vehicle (ATV) or your snowmobile, as well.

The answer is fairly simple: Yes.

While Maine's OUI statute outlaws operating a “vehicle” under the influence, and therefore seems to include ATVs and snowmobiles, there's a law in Title XII – the part of Maine's laws dealing with the outdoors and conservation – that specifically outlaws operating these vehicles under the influence, and states a particular penalty for doing so.

The standard for an OUI on a snowmobile or an ATV are the same as an OUI in a car: You can face charges if your blood alcohol content (BAC) is at or above 0.08%, if you're over 21 years old, and if your BAC is above 0% if you're under 21 years old.

However, the penalties for operating a snowmobile or an ATV under the influence are slightly different than they are for operating a car. If you get convicted for OUI while driving a car, you could be facing a minimum of a $500 fine, 150 days without your driver's license, and potentially even 2 days behind bars. If you get convicted for an OUI while using a snowmobile or an ATV, though, you won't have to worry about a license suspension. The other penalties, however, are substantially the same:

In the past 6 years, this was your…

Fine

Jail Time

1st Offense

Minimum $400

None, unless there are aggravating factors

2nd Offense

Minimum $600

Minimum 7 days

3rd or subsequent offense

Minimum $1,000

Minimum 30 days

There are several important things to note about these penalties, though. The number of times you've been convicted for OUI includes not only convictions while operating an ATV or snowmobile, but also while operating a watercraft, and while hunting. So, if you've been arrested for hunting while under the influence in the past six years, and then you get arrested for operating your ATV with a BAC of 0.11%, you'll be charged for a second offense OUI.

Additionally, these minimum fines can increase if you have, in the past 6 years, refused to submit to a BAC test. For a first offense, the minimum fine increases from $400 to $500, for a second offense, from $600 to $800, and for a third or subsequent offense, from $1,000 to $1,300.

Jail time is also a possibility for a first offense OUI if there are aggravating factors. These aggravating factors are failing to stop for a responding police officer, for failing to submit to a BAC test at an officer's request, and having a BAC of at or above 0.15%. Any one of these aggravating factors can result in a minimum of 2 days in jail for a first offense.

Lastly, the court may require you to participate in a drug and alcohol treatment program, provided by Maine's Department of Health and Human Services.

Whether you were driving your car or your ATV, an OUI charge is still an OUI charge. You will need the help of an experienced OUI attorney. Protect your interests, call the law offices of William T. Bly at (207) 571-8146.

WTB Law

Here at WTB Law, we provide professional and aggressive criminal defense representation that exceeds the expectations of our clients and secures their freedom and their future.

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What distinguishes our firm from the numerous law firms throughout the state is that we genuinely care about the well-being of our clients. Because Attorney Bly is a sole practitioner, every client receives hands-on and personalized attention from Attorney Bly and our staff throughout the entirety of their case.

50 Adams Street
Biddeford, ME 04005
(207) 571-8146
Mon, Tue, Wed, Thu, Fri: 08:00am - 05:00pm

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