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What are the penalties for implied consent in Maine?

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If you refuse to take a state-administered chemical sobriety test, you will be advised that refusing will violate Maine Implied Consent Laws and you will be penalized.

The penalties for a refusal run consecutive to any penalty imposed by the court if convicted and are as follows:

  • First Refusal: 275 days of license suspension
  • Second Refusal: 18 months of license suspension
  • Third Refusal: 4 years of license suspension
  • Fourth Refusal: 6 years of license suspension

If you have been arrested for DUI and violated implied consent, call our OUI lawyers right now. The only way to fight the license suspension associated with an implied consent refusal is to attack the officer’s probable cause for the arrest and whether or not the officer complied with Maine’s implied consent laws.

This sounds impossible, but in some cases our attorneys can work with the prosecution to strike the refusal in return for a plea to a lesser charge.

Refusing chemical sobriety tests can have long term effects, especially if it is not your first refusal. Another important law to remember is that if the officer does not inform you of the penalties of refusing a chemical sobriety test and then give you another chance to take it, you cannot be punished for refusing.

This prevents offenders from arguing that they did not understand implied consent laws. It also helps you understand which sobriety tests you have to take and which you do not have to take under implied consent laws.

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If you are facing criminal charges in Maine, the attorneys at The Maine Criminal Defense Group are here to help. Call our office to speak with
one of our team members, who will discuss your case with you and set up a consultation with one of our attorneys

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