Written by attorney Wayne Rodgers Foote

Maine OUI - Bureau of Motor Vehicles Penalties

Excessive BAC/BrAC suspensions

The Secretary of State will suspend the license of a driver with a blood or breath alcohol level of .08% or more (or a minor with any detectable BAC) for same period of time as a conviction.

For a first offense the suspension is 150 days. A work license is available after a 7 to 10 day processing period. If a conviction follows and a work license was obtained, little or none of the suspension will count toward the 150 day conviction suspension. If the driver completes the alcohol program (DEEP) the license can be restored after 30 days of no license by installing an ignition interlock device for 120 days. If you are 21 or older and have a minor in the car 275 days are added to the suspension.

he suspension for a driver under 21 with a BAC under .08 is one year. If there is a minor passenger 180 days is added to the suspension.

A second offense suspension is three years with no work license. Reinstatement after 9 months is permitted if the person installs an ignition interlock device.

A third offense suspension is six years with no work license. Reinstatement after three years is permitted if the person installs an ignition interlock device.

A fourth or subsequent offense suspension is eight years with no work license. At the end of six years reinstatement is permitted if the person installs an ignition interlock device for four years.

This suspension can take place even before you go to court! This suspension runs concurrently with any suspension imposed for the conviction and consecutively with any refusal suspension. This suspension is initiated by the officer filing a report with the Secretary of State. A hearing must be requested within ten days of the date of suspension.Any suspension imposed will remain in effect, even if the person is acquitted of the criminal OUI charge.

Implied Consent laws (Refusals).

Tests permitted: A breath test is the usual test if it is feasible, otherwise a blood or urine test (urine for drugs). The officer chooses the type of test. There is no right for the driver to choose the type of test. Before determining that a person has refused a test, the officer must advise the person of the penalties for refusing testing and that the refusal is admissible in court. If the Implied Consent information is not correctly given, the refusal suspension, any additional penalties noted above are not assessed, and/or the refusal is not admissible in court. If a person chooses to take the test there is no requirement that the officer advise the person of the consequences of refusing.

There is a 275-day license suspension for first refusal, 2 years for second refusal within 10 years; 4 years for third refusal within ten years; and 6 years for fourth refusal within 10 years.

A driver under the age of 21 who refuses a test receives a license suspension of 18 months for the first refusal and 30 months for the second refusal.

If a driver who is 21 years or older has a passenger under the age of 21, an additional suspension of 275 days will be imposed. A driver under age 21 who has a passenger under 21 will have an additional suspension of 180 days imposed. This is added to either an excessive blood or breath alcohol suspension or a refusal.

Reporting to other states:

Maine reports administrative suspensions to all states, territories and Canadian provinces. Whether the that report will be acted upon is a matter of that state or province;s laws.

Commercial Driver Licenses (CDL)

A CDL holder will have the CDL endorsement suspended for a first administrative suspension in the person's life occurring after September 2005. A second suspension results in a lifetime CDL suspension.

Free Q&A with lawyers in your area

Can’t find what you’re looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer