My back ground is clean,have been driving for thirteen years.My breathilizer was 0.12
Do not wonder. Ask those good questions with a compentent traffic attorney in Norway, ME to have a better grip of your legal options.
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If you are suspended, either administratively for operating with an excessive alcohol level or in court upon conviction for OUI, you will be required to meet DEEP requirements. A person may satisfy DEEP requirements either through the weekend course (and potentially referred follow-up counseling) or through individual counseling in what is called Completion of Treatment, but one way or the other a person’s license will not be reinstated unless those requirements have been met. If you were to avoid an administrative, excessive alcohol suspension and were not convicted of OUI (for instance if the charge were reduced to driving to endanger), in that instance you would not be required to meet DEEP requirements because neither of the events that trigger DEEP requirements would have occurred.
Ed Folsom's answer is spot on. If you are suspended for 90 days by the BMV for having a .08% or more BAC, or by the court upon conviction for OUI you must satisfy the DEEP requirement. You must take either the DEEP course (and counseling if they refer you to additional counseling) or DEEP certified counseling. There is no exception for having a clean record. If it looks like you are going to be suspended by either the BMV or the court you should start DEEP right away and not wait for the suspension. Counseling usually takes 6-8 weeks. you can get sent to counseling after the course if they think you might have an alcohol problem. You cannot get your license back until you complete DEEP, even if the 90 days passes.
If you have not already been convicted you should consult with a lawyer who handles OUI cases.
DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.