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Alcohol and Drug Education Programs |
University Policy and Law
The
following is taken from the
Student Handbook:
"Social settings may vary in size and purpose,
and some will include the consumption of alcoholic
beverages. In this respect it is expected that all
those who choose to use alcohol on the University
campus do so in a responsible and appropriate
manner and at no time should alcohol become a
primary focus of any activity. Students should
understand that misuse of alcohol or other drugs
can result in psychological and physical dependence
and that alcohol and other drug abuse can lead to
serious physical consequences such as suppression
of immune response, organ damage, and learning and
memory problems. Any substance used immoderately
will result in negative consequences for the user."
It is against state law and University policy:
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to
procure, or in any way aid or assist in
procuring, furnish, give, sell or deliver liquor
for or to a minor (under 21);
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to
allow any minor under that person's control, or in
any place under that person's control, to possess
or consume liquor;
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to
procure, or in any way aid or assist in procuring,
furnish, give, sell or deliver liquor to a visibly
intoxicated person; or
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to
procure, or in any way assist in procuring,
furnish, give, sell or deliver imitation liquor for
or to a minor, or allow a minor under that person's
control or in a place under that person's control
to possess or consume imitation liquor.
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for any
person of legal drinking age to consume alcohol in
a common area, or public place.
Current
law classifies furnishing or allowing consumption
of liquor by a minor as a Class D crime. This bill
increases the classification to a Class C crime if
the consumption of the furnished liquor by the
minor proximately causes death of or bodily injury
to the minor or any other individual.
The sale of alcoholic beverages is permitted
only under the auspices of the University catering
services staff and requires a special state
license.
In an effort to maximize risk management,
assist student organizations, and encourage
responsible and accountable sponsorship, a
campus-wide committee charged by the Vice
President for Student Affairs developed the
Catered-Party Policy in 1988 for the University
of Maine. A series of more recent revisions
have clarified the policy and made it more
conducive to broad-based distribution. The
service of alcoholic beverages at University
functions must be in compliance with Maine
State Law and University policies - i.e., an
individual must be of legal age to possess or
purchase alcoholic beverages; and
individuals/organizations may not sell
alcoholic beverages without proper license.
The only approved University of Maine plan for
dispensing alcoholic beverages at student
functions is the University Catered-Party
Policy. The sale of alcohol at any function is
illegal without a catering license.
Catering Services: The University will
extend its qualified caterers liquor license
for University Catered Parties under the
following conditions:
Conditions and Guidelines: In following the
conditions and guidelines below, Greek
organizations should seek assistance and
approval from the Associate Dean of Students.
All other organizations should seek assistance
or approval from the Office of Substance Abuse
Services.
1. Arrangements must be made with the Associate
Dean of Students or the Office of Substance
Abuse Services fourteen (14) days prior to the
event.
2.
The sponsoring organization plays a major role
in planning and implementing the event.
Furthermore, the student organization is
responsible for seeing the members' and guests'
behavior is consistent with University policies
and state statutes. The sponsoring organization
must create an atmosphere where norms of
responsible alcohol use prevail.
3.
The University will determine in consultation
with student groups the number of staff,
including police coverage, required to service
a party function.
4.
A variety of non-alcoholic beverages must be
available at the service areas at the same
price or less than the cost of alcoholic
beverages. Food available in sufficient
quantities to last the entire event must be
present.
5.
University catered parties will occur only on
Fridays and Saturdays. Exceptions for special
occasions will be considered.
6.
Money collected for University catered parties
is limited to cash sales over the bar with all
money being collected by Catering Office staff.
Organizations hosting licensed parties may,
however, collect a cover charge at the door to
help defray party expenses related to
entertainment. The cost of beer and wine
offered for sale at University catered parties
should be competitive with market prices.
7.
All party venues must be in compliance with
town fire, safety, and crowd-control
regulations in order to be eligible for the
University Catered-Party Policy. Regulations
are available from the Associate Dean of
Students.
State of Maine Alcohol Laws
Information provided by the Bureau of Highway
Safety and Bureau of Liquor Enforcement.
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Operating Under the Influence
In Maine, if you are driving a motor vehicle with
a blood alcohol content of .08 percent or more,
you are guilty of a criminal offense known as
operating under the influence, or OUI.
Following your arrest, and based solely on the
police report and blood alcohol content (BAC)
test result, the Secretary of State will
immediately suspend your license. This suspension
takes place prior to any court appearance, so
while you're waiting for your day in court, you
won't be driving.
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Blood Alcohol Content (BAC)
BAC is a precise way of stating the amount of
alcohol in a quantity of blood. BAC can be measured
with a breath or blood test. If you have a BAC of
.08 percent or more, you can be found guilty by a
court on this basis alone, without further
evidence.
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Implied Consent
It is important for Maine drivers to remember that
a driver's license is not a right guaranteed under
our Constitution. It is a privilege that is
administratively issued and can be withdrawn by the
State.
Under Implied Consent, you automatically agree to a
chemical test (blood, breath or urine) at any time
authorities have probable cause to administer it.
If you refuse to take such a test for alcohol or
drugs, your driver's license will immediately
suspended. The suspension could last as long as six
months. Because this is done administratively, no
court action is necessary, however you might have
an administrative hearing at the DMV.
In addition, testimony from the arresting officer
regarding your driving performance can result in an
OUI conviction even without the BAC test.
If you are found guilty of OUI based on the police
officer's testimony, your refusal to take a test
will be considered as an aggravating factor by the
judge and another suspension, as well as mandatory
jail time, will be tacked on. So by refusing you
will have much harsher penalty than if you'd taken
the test.
Remember a test can protect you. If you are not
legally intoxicated, the test will show it.
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Conditional Licenses
Reinstated licenses include the condition of not
driving after drinking. After the first conviction,
the license is conditional for one year. After
subsequent convictions, it is conditional for ten
years.
A conditional license can be suspended for one
year, without a preliminary hearing, for operating
with any amount of alcohol in the blood. A
conditional license can be suspended for a period
of two years for any refusal to submit to a
blood-alcohol test, a penalty which will be added
to any suspension previously handed down for an OUI
conviction.
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Vehicle Seizure or Forfeiture
A person operating under the influence while under
suspension for a previous OUI, is subject to
vehicle seizure and forfeiture, as well as a fine
and jail time.
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Other Consequences
There
are many other consequences that come as a result
of drinking and driving to consider. Here are just
a few:
1) All OUI convictions result in a criminal record,
not an
asset when applying for a job or college entry.
2) Overall costs associated with an OUI conviction
can reach $7,000.00. 3) Drinking and driving takes
thousands of innocent lives each year. Could you
live with yourself?
4) At present, drunk driving causes more deaths and
injuries than any other violent crime; no one,
including friends and family is immune.
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Minimum Court Imposed Penalties for OUI
* Offense Suspension Jail Time Fine
* 1st w/ no aggravating Factors 90 Days 0 $400.00
* 2nd w/ aggravating Factors(1) 90 Days 48 Hours
$400.00
* 1st with refusal of BAC test (2) 90 Days 96 Hours
$500.00
* 2nd (3) 18 Months 7 Days $600.00
* 2nd with refusal of BAC test 18 Months 12 Days
$800.00
* 3rd 4 Years 30 Days $1,000.00
* 3rd with refusal of BAC test 4 Years 40 Days
$1,300.00
* 4th or more 6 Years 6 Months $2,000.00
* 4th with refusal of BAC test 6 Years 6 Months
$2,400.00 & 20 Days
1. Aggravating factors include a BAC of .15 percent
or more, or traveling 30m.p.h. or more over the
posted speed limit, or attempting to elude an
officer of the law, or having a passenger under 16
years of age.
2. Refusal to be tested results in a loss of
license for 180 days, which is consecutive to any
suspension imposed for an OUI conviction.
3. A second conviction within ten years prohibits
the offender from obtaining work-restricted license
or from registering a vehicle.
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Drivers Involved in Fatal Crashes
Every driver involved in a fatal motor vehicle
crash, or a crash where a death is likely to occur,
must submit to a blood alcohol test. Failure to do
so will result in a one year license suspension.
If the Secretary of State is satisfied that a
driver, while under the influence of alcohol or
drugs, negligently operated a motor vehicle in such
a manner to cause death of any person, the
Secretary shall immediately suspend the operator's
license for at least three years. This suspension
will be consecutive to any suspension imposed for
refusal to submit to a chemical test.
Moreover, a conviction for vehicular homicide can
result in a prison term of up to 30 years and a
permanent loss of your driver's license if alcohol
is involved.
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Knowing Your Limit
Misconceptions about alcohol and how it effects
safe driving are widespread. Knowing the truth can
mean the difference between life and death. When
alcohol enters your system, your ability to control
a car, yourself, immediately starts to deteriorate.
Good judgment, concentration and your ability to
react quickly all start to disappear with the first
drink.
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Factors Influencing BAC
Factors that can affect the relationship between
alcohol consumed and BAC level include:
1) Weight: A larger person requires more
alcohol to reach a particular BAC level than a
smaller person.
2) Gender: Women generally reach higher BACs
than men of the same weight with the same amount of
alcohol.
3) Amount of food in stomach: Food slows the
absorption of alcohol into the blood.
4) Time spent drinking: Alcohol is
eliminated at the rate of about one drink (1 ounce
of alcohol) per hour.
5) Time since last drink: Because time is
needed to metabolize a drink, a persons BAC can
continue to rise after he or she has stopped
drinking.
The best advice to follow is that if you drink,
plan ahead, and designate a non-drinking driver.
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The
Zero Tolerance Law
If you are under 21 years if age, Maine has a
special law for you. If you are found operating, or
attempting to operate, a motor vehicle with any
measurable alcohol in your body, you will lose your
license for one year. If you refuse a test, you
will lose your license for one year anyway.
Drivers under 21 years with a BAC of .08 percent or
more can be prosecuted for the criminal offense of
OUI, but the license suspension must be for one
year.
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Illegal Possession
It is a civil violation for any person under the
age of 21 to possess liquor or imitation liquor
except if it is within the scope of their
employment or in their home in the presence of
their parent. Fines for illegal possession are as
follows:
• 1st Offense: $200.00 to $400.00
• 2nd Offense: $300.00 to $600.00
• 3rd or Subsequent Offenses: $600.00
Youths 17 years or younger are charged with
juvenile crime of illegal possession.
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Illegal Transportation Of Liquor
No person under the age of 21 shall transport
alcoholic beverages in a motor vehicle except in
the scope of their employment or at the request of
their parent. The penalties for illegal
transportation are:
• 1st Offense: 30 Day license suspension and
a fine no more than $500.00
• 2nd Offense: 90 Day license suspension and
a fine not less than $200.00
• 3rd Offense: One year license suspension
and a fine no less than $400.00
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Giving False Written or Oral Information
It is unlawful to give a licensee false written or
oral evidence of age to attempt to purchase liquor
or gain entrance into a licensed establishment
where minors are not allowed.
Penalties:
18, 19 and 20 year olds- Civil Violation
• 1st
offense: $200 to $400
• 2nd offense: $300 to $600
• 3rd offense:
$600
Individuals 17 years of age and under Juvenile
Crime (non-arrest)
Upon conviction court shall suspend driver's
license
• 1st offense: 30 days
• 2nd offense: 90 days
• 3rd offense:
1 year
Car Insurance
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Furnishing Liquor to a Minor
Any person who furnishes liquor to a minor, or
allows a minor under that person's control, or in
any place under that person's control, to possess
or consume liquor, may be fined up to $2,000.00
and/or sentenced up to one year in jail. If the
minor is less than14 years of age, or the violation
is a second offense within six years, the fine
shall not be less than $500.00. For any third or
subsequent offense within six years, the minimum
penalty is $1,000.00 fine and up to six months in
jail.
In cases of death or serious bodily injury an
individual can be charged with a felony that could
result in a jail sentence of up to 5 years and
fines up to $5000.00.
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Furnishing Imitation Liquor to a Minor
Any person who furnishes imitation liquor to a
minor, or allows a minor under that person's
control to possess, or consume imitation liquor,
may be fined up to $500.00 and/or sentenced to six
months in jail.
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Illegal Sale of Liquor
Any person who sells liquor in Maine without a
license issued by the Bureau Of Liquor Enforcement
is subject to the following penalties:
• 1st Offense: $300.00 to $500.00 fine and up to 30
days in jail.
• 2nd Offense: $500.00 to $1,000.00 fine and up to
60 days in jail.
• 3rd and Subsequent Offenses: $1,000.00 fine and
60 days in jail, not to be suspended. An additional
4 months in jail time is possible.
A person may not hold a liquor license or interest
for 5 years after conviction.
A person may not sell liquor for a period of 2 to 5
years after conviction.
Criminal record
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Illegal Possession with Intent to Sell
Any person who possesses liquor with the intent to
sell in violation of Maine Liquor Laws, may be
fined up to $1,000.00 and sentenced to six months
in jail. The vehicle used may be impounded and
subject to forfeiture proceedings.
Maine Liquor Liability Act
The Maine Liquor Liability Act was established to
form a legal basis for obtaining compensation for
damages as a result of intoxication and related
incidents. A non-licensed, social host (a person
who does not hold a Maine Liquor License) can be
sued for negligent or reckless conduct.
By definition, negligent conduct is the serving of
liquor to a minor or intoxicated person, if the
defendant knows or a reasonable and prudent person
being served is a minor or is visibly intoxicated.
Reckless Conduct is the intentional serving of
liquor to a person when the server knows the person
being served is a minor, or visibly intoxicated,
and the defendant consciously disregards an obvious
and substantial risk that serving liquor to that
person will cause physical harm to the drinker or
to others.
Financial Implications
Damages may be awarded for property damage, bodily
injury, or death caused by the consumption of
liquor served by the defendant. The limit on awards
is $250,000.00 plus medical expenses.
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