Two Beers and an Antihistamine
At 11 p.m., a 28-year-old rider who weighs 180 lb leaves a restaurant after two 12-ounce beers (5% alcohol) over about two hours and one 10 mg cetirizine tablet taken at 8 p.m. for allergies. He feels 'fine,' has a 12-mile ride home on rural two-lane roads, and has had no food since lunch. He plans to take back roads to avoid police attention. He has a valid Maine license, no prior OUI, and his motorcycle is inspected and insured. The cetirizine label says it may cause drowsiness; he took it with a caffeinated soda. About two miles from the restaurant, he rolls through a stop sign he says he did not see, and an officer pulls him over.
1. Estimate his approximate BAC and explain why the number does not settle the impairment question.
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Two 12-ounce beers at 5% contain about 1.2 ounces of pure alcohol. A rough Widmark estimate for a 180-pound male puts the peak near 0.03 if all the alcohol were consumed at once; spread over two hours and allowing for elimination, the BAC at the stop is likely only about 0.01–0.02. That is under the 0.08 per se limit. But Maine’s OUI law is not limited to 0.08: a rider can be convicted on evidence of impaired driving, and the cetirizine label warns of drowsiness. Add no food since lunch, fatigue at 11 p.m., and alcohol’s effect on judgment and reaction time, and the missed stop sign is meaningful evidence. “Under 0.08” is not the same as “safe to ride.”
2. What should he have done at 8 p.m. when planning the evening?
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He should have decided before drinking that he was not riding home. He took a sedating antihistamine, had not eaten, and planned to drink; combining those factors makes even a low BAC risky. A ride from a friend, a taxi, or staying overnight would have removed the problem. Checking the medication label earlier and asking a pharmacist about alcohol would also have been sensible. Caffeinated soda does not reverse sedation or alcohol impairment; it can mask fatigue while leaving reaction time and judgment degraded. The correct plan is separation: no alcohol if riding, and no riding if sedated.
3. What legal process and consequences follow the stop?
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The officer can investigate based on the stop-sign violation and observed driving, then use field sobriety tests and observations to build an impairment case. If arrested for OUI, Maine’s implied-consent law applies to chemical testing; refusing a test can itself lead to license suspension and other consequences. Even with a BAC below 0.08, the State can proceed on an impairment theory, especially with the medication, the missed sign, and the rider’s admission of drinking. A first OUI can bring fines, license suspension, possible jail, ignition-interlock requirements, insurance increases, and a criminal record. The precise penalties depend on the facts and the court, but the practical point is that “I felt fine” is not a defense.