Under 21, conditional licenses and open containers

Key points

1. A young driver convicted of OUI loses the license for at least 1 year, gets a stiff fine and may spend time in jail.

   Source: Handbook p. 3-6

   “lose your driver's license for at least one year receive a stiff fine possibly spend some time in jail”
   Maine Driver's License Manual, Handbook p. 3-6

2. With passengers under 21 in the car, the suspension grows by an extra 180 days.

   Source: Handbook p. 3-6

   “if you have passengers under the age of 21 with you, your license will be suspended for an additional 180 days”
   Maine Driver's License Manual, Handbook p. 3-6

3. If you are found driving with any amount of alcohol in your blood, or refuse the test, you lose your license for at least 1 year.

   Source: Handbook p. 3-14

   “If you are ever found to be operating a motor vehicle with any amount of alcohol in your blood (or refuse to submit to the blood or breath test) you will lose your driver's license for at least one year,”
   Maine Driver's License Manual, Handbook p. 3-14

4. All licenses issued to people under 21 are provisional under the OUI laws until age 21.

   Source: Handbook p. 3-14

   “all licenses issued to minors (people under 21 years of age) are considered provisional and subject to immediate suspension until the individual attains the age of 21.”
   Maine Driver's License Manual, Handbook p. 3-14

5. It is illegal for a driver under 21 to transport alcohol, except for work or at a parent's request.

   Source: Handbook p. 3-14

   “it is illegal for you to buy alcohol if you are less than 21 years of age. Furthermore, it is illegal for you to transport alcohol in a motor vehicle unless in the scope of employment or at the request of a parent or guardian.”
   Maine Driver's License Manual, Handbook p. 3-14

6. A conditional licensee who drives with any amount of alcohol is suspended for 1 year.

   Source: Handbook p. 3-11

   “A conditional licensee will have their driver's license suspended for one year, without preliminary hearing, if operating a motor vehicle with any amount of alcohol.”
   Maine Driver's License Manual, Handbook p. 3-11

7. A conditional licensee who refuses an alcohol test is suspended for 2 years, added to any earlier OUI suspension.

   Source: Handbook p. 3-11

   “A conditional licensee will have their driver's license suspended for a period of two years for any refusal to submit to an alcohol test, a penalty which will be added to any suspension previously handed down for an OUI conviction.”
   Maine Driver's License Manual, Handbook p. 3-11

8. It is a violation if the driver or a passenger drinks alcohol or has an open container in the passenger area.

   Source: Handbook p. 3-13

   “is in violation of law if the operator or a passenger in the passenger area of the vehicle consumes alcohol or possesses an open alcoholic container.”
   Maine Driver's License Manual, Handbook p. 3-13

9. Driving under the influence of any drug brings the same punishments as alcohol.

   Source: Handbook p. 3-12

   “If you are convicted of driving in this condition you will be subject to the same punishments as those for driving under the influence of alcohol.”
   Maine Driver's License Manual, Handbook p. 3-12

Numbers to know

3 questions from the Maine practice test

1. 1. Under Maine's under-21 alcohol rule, may a driver drive after consuming any amount of alcohol?

   1. Yes, if the driver stays below 0.08 BAC
   2. No, driving after any amount is prohibited
   3. Yes, if the alcohol was consumed with food
   4. Yes, if the trip is less than five miles
   Show answer

   No, driving after any amount is prohibited. The manual says a person under 21 may not drive after consuming any amount of alcohol. The 0.08 option confuses the underage rule with an adult OUI threshold, while food and trip length do not create exceptions. Alcohol can slow reactions and delay reflexes even when a driver feels normal. For a test question, separate age based zero tolerance from the numeric thresholds discussed elsewhere in the OUI section. The practical cue is the driver's age: under 21 plus any alcohol means do not operate the vehicle, regardless of distance, meal, or apparent sobriety.

2. 2. What license consequence does the Maine manual describe for a person under 21 found operating with any amount of alcohol?

   1. Loss of the driver's license for at least one year
   2. A 30 day suspension only
   3. No action unless the level reaches 0.08
   4. A required warning with no license loss
   Show answer

   Loss of the driver's license for at least one year. For a driver under 21, the manual says operating with any amount of alcohol results in losing the driver's license for at least one year. The rule is stricter than the adult 0.08 criminal threshold, so waiting for that adult number would be unsafe and legally wrong. A 30 day period and a warning do not match the stated consequence. The useful cue is zero amount for a minor: any measurable alcohol can activate the one year minimum license loss.

3. 3. Maine's open container law bars drinking or open containers in the passenger area. Which situation is one of the listed exceptions?

   1. A passenger holding an open can in the back seat of a sedan
   2. The driver holding an open bottle while stopped at a red light
   3. A front seat passenger in a pickup holding an open can
   4. A passenger drinking in the living quarters of a motor home
   Show answer

   A passenger drinking in the living quarters of a motor home. The open container law makes the operator responsible if the operator or a passenger in the passenger area drinks alcohol or has an open container. One listed exception is a passenger who has an open container or drinks in the living quarters of a motor home, trailer, semi-trailer, or truck camper. The back seat of a sedan and the cab of a pickup are passenger areas, so those are violations. Stopping at a light does not change anything for the driver. Other exceptions cover containers behind the last upright seat of a vehicle without a trunk, paying passengers in for-hire vehicles other than taxicabs, and licensed off-premise caterers.

Source: the Maine Driver's License Manual, Section 3: Ready to Drive. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.