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 a test is suspended for 2 more years.

   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,”
   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. What additional suspension period applies after an OUI conviction when the vehicle carried a passenger under 21?

   1. 90 additional days
   2. 30 additional days
   3. 60 additional days
   4. 275 additional days
   Show answer

   275 additional days. Maine adds 275 days to the OUI or refusal suspension when a passenger under 21 was in the vehicle. The same 275 day figure is written into Maine law in Title 29-A, sections 2411 and 2451. An earlier page of the handbook still mentions 180 days, but the current statute and the handbook's suspension section both use 275. Shorter periods such as 30, 60 or 90 days do not match the rule. The added time is served on top of the ordinary suspension, so carrying an underage passenger makes the total time without a license much longer.

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.