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Maine Revised Statutes

Me. Rev. Stat. tit. 29-A, § 1653 (2026)

Allowing impaired operator

✓ current as of May 2026

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1. Liability. An owner or person having control of a motor vehicle who, having knowledge or reason to know that a person is under the influence of intoxicating liquor or drugs or has an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath, permits that person to operate that motor vehicle is jointly and severally liable with that person for damages caused by the negligence of the person.

[PL 2009, c. 447, §31 (AMD).]

2. Not exclusive. This section does not limit and does not diminish any cause of action or right of recovery that is or may become available under the common law.

[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

SECTION HISTORY

PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §B5 (AFF). PL 2009, c. 447, §31 (AMD).

Notes of Decisions

Cited in 3 cases, 1998–2016 · leading case: Gagne v. D.E. Jonsen, Inc., 298 F. Supp. 2d 145 (D. Me. 2003).

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Gagne v. D.E. Jonsen, Inc., 298 F. Supp. 2d 145 (D. Me. 2003). “Indeed, two of the three statutes are not concerned with negligence at all, instead imposing strict liability, 29-A M.”

Feeney v. Hanover Ins. Co., 1998 ME 124 (Me. 1998). “See 29-A M.R.S.A. § 1653(1) (1996) (imposing liability on owner who gives intoxicated operator control of vehicle).”

Bushey v. Berlin City of Portland, Inc. (Me. Super. Ct 2016). “§ 904 and 29-A M.R.S. § 1653 apply to Berlin City is not persuasive and is adequately addressed by the court's opinion.”

— Me. Rev. Stat. tit. 29-A, § 1653(1) — 1 case

Feeney v. Hanover Ins. Co., 1998 ME 124 (Me. 1998). “See 29-A M.R.S.A. § 1653(1) (1996) (imposing liability on owner who gives intoxicated operator control of vehicle).”

— Me. Rev. Stat. tit. 29-A, § 1653(2) — 1 case

Gagne v. D.E. Jonsen, Inc., 298 F. Supp. 2d 145 (D. Me. 2003). “Indeed, two of the three statutes are not concerned with negligence at all, instead imposing strict liability, 29-A M.”

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