What does it mean to operate a motor vehicle in a Maine OUI charge?
In order to prove the charge of operating under the influence, the State must prove a driver was under the influence, or had a BAC of 0.08 or higher, and operated a motor vehicle at the time.
The operation does not have to occur on a public way.
To operate a motor vehicle, under Maine law, means “According to popular acceptance, the meaning of the term ‘to operate a motor vehicle’ is the same as to ‘drive’ it. It usually means that a person must so manipulate the machinery that the power of the motor is applied to the wheels to move the automobile forward or backward.” State v. Sullivan, 146 Me. 381, 384, 82 A.2d 629, 630–31 (1951).
Operation includes actual driving or an attempt to drive. In State v. Deschenes2001 ME 136, ¶ 9, 780 A.2d 296, the Maine Supreme Court held: “To support a finding of guilty of attempted OUI, therefore, the State must prove that the defendant took a substantial step toward the operation of a motor vehicle with the intent to operate the vehicle.
