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What is a OUI / DUI habitual offender in Maine?

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Maine has a tough Habitual Offender law.  A habitual offender is defined as follows:

  • 3 or more major offenses within a five year period, which includes:
    • OUI conviction
    • Operating after Suspension conviction
    • Operating without a License
    • Driving to Endanger
    • Leaving the Scene of an Accident
    • OUI manslaughter
    • Failure to Report an Accident
  • 10 or more traffic offenses within a five year period

Since minimum jail sentences apply to people convicted under Maine’s Operating After Habitual Offender law, now is no time to “go it alone” or to satisfy yourself with an inexperienced or mediocre criminal defense attorney.

If you have been arrested for this offense, you are facing hard deadlines that you must meet in order to protect yourself.

Can I get my license back as a habitual offender?

When you first receive the charge of a habitual offender the status of the crime states that the loss of your license is initially indefinite. After a minimum of 3 years you may petition to have you driver’s license reinstated.

If you are stuck in a situation where a vehicle is absolutely necessary for work related travel you may be able to apply for a work-restricted license. This option does become available after 18 months from when you first had your license revoked for a habitual offender charge.

You may not be able to qualify for a restricted license if it was revoked for:

  • vehicular homicide
  • operating while revoked
  • aggravated operating while revoked.

The work-restricted license can still be revoked yet again if you are found guilty of an OUI / DUI or any of the aforementioned charges within a 5 year period. 

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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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