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Driving on a Suspended License in Maine

Home > Maine Criminal Defense Attorney > Driving on a Suspended License in Maine

Driving after Suspension or Revocation in Maine

Operating a vehcile with a suspended license in MaineIf a driver is convicted of an OUI / DUI in Maine, one of the penalties that they face is license suspension. Depending on the seriousness of the crime and the person’s criminal record, a license suspension period can be anywhere from a few months to several years. Luckily, there are a few laws that allow a driver to get a temporary license. If you have lost your license due to an OUI or OUI related conviction, an OUI defense attorney may be able to help you get some driving privileges restored.

How do I obtain a restricted license in Maine?

Under Maine law Title 29-A, section 2501, a driver who is issued a restricted license can only operate a vehicle to commute to and from a treatment program or to their job. In some cases, the driver may be allowed to also drive other places such as school to medical appointments, but this is left to the State to decide. A person is eligible for a restricted license if either of the following apply:

  • Their license was suspended due to a first-time OUI conviction and
    • At least 2/3 of their suspension has occurred
    • They have notified the Secretary of State that their alcohol and drug program has been completed.
  • Their license was suspended due to refusing to take a chemical sobriety test under Implied consent laws and
    • They have served at least 180 days of their suspension
    • They have notified the Secretary of State that their alcohol and drug program has been completed.

Maine Work-Restricted License

According to Maine law Title 29-A, section 2503, if a driver has their license suspended due to having a blood alcohol concentration over .08% or being intoxicated by drugs, they may be eligible for a work restricted license. Juvenile drivers who lose their license because of violating the zero-tolerance law may also be eligible for this license. A work-restricted license also the offender to drive to and from their home to their job if they can show proof that:

  • It is necessary to drive to their job from their residence or within the scope of their job
  • No other means of transportation are available
  • They have not had their license suspended for OUI within the past 10 years

A work-related license will be immediately suspended if:

  • The driver is adjudicated or convicted of another driving offense
  • The driver violates the terms of the restricted license
  • The driver does not complete the alcohol and drug program within the time frame given

Getting a Special License in Maine

Under Maine law Title 29-A, section 2502, a driver whose license has been suspended due to any of the following convictions can receive a special license or permit if they are a first time offender and have completed a drug or alcohol treatment program approved by the Department of Health and Human Services.

§ 3314 – Disposition -When a juvenile has been adjudicated as having committed a juvenile crime, the court shall enter a dispositional order containing one or more of the following alternatives.

§2411 – Criminal OUI – Operates a motor vehicle: While under the influence of intoxicants; or while having an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath.

§2453 – Suspension for excessive alcohol levels – operating a motor vehicle with an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath.

§2453-A– Suspension for drug intoxication –  To remove quickly from public ways those persons who have shown themselves to be a safety hazard by operating a motor vehicle while under the influence of drugs.

§2472 – Juvenile OUI or OUI related offense – If a person is under the age of 21 years is convicted or adjudicated of a moving motor vehicle violation that occurred within 2 years from the date of issue of a juvenile provisional license, the Secretary of State shall suspend the license.

§2521 – Chemical test refusal – The refusal to submit to a test nor a failure to complete a test will result in the suspension of that person’s driver’s license for a period up to 6 years and can be admissible in evidence at a trial for operating under the influence of intoxicants.

If you have had your license suspended, contact our offices for a consultation. Our experienced attorneys are here to help you.

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