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Driving with a Suspended License or Revocation in Maine

Operating a vehcile with a suspended license in Maine

Navigating the aftermath of an OUI/DUI conviction in Maine, a suspended license can severely impact your daily life. At The Maine Criminal Defense Group, we understand the challenges individuals face when dealing with license suspension. Depending on the severity of the offense and your criminal record, the suspension period can vary from months to years.

Fortunately, Maine law provides avenues for obtaining a temporary license, offering a lifeline for those affected by OUI-related convictions. If you’ve lost your license due to an OUI or related conviction, our experienced OUI defense attorneys are here to assist you in regaining driving privileges. Trust us to navigate the legal intricacies and work toward restoring your ability to drive in Maine.

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.

Work-Restricted Licenses in Maine

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

Driving with a Suspended License in Maine

Under Maine criminal code Title 29-A, section 2414-A, a person is guilty of a criminal offense if they operate a vehicle on the road or in a parking lot while their license has been suspended or revoked and the person:

  • Has received written notice of the suspension or revocation
  • Has been orally informed of the suspension or revocation by a police enforcement officer
  • Has actual knowledge of the license suspension or revocation
  • Has been sent written notice of the suspension or revocation
  • Has failed to appear in court after suspension or revocation for failing to pay a fine

If a person is found to be in violation of any of these circumstances, they will face Class E criminal charges. They will face only a traffic infraction if the license suspension is due to any of the following:

  • Failure to pay a fine
  • Failing to pay license reinstatement fees
  • Paying a fine with a dishonored check

All other violations of this law are charged with Class E offenses and are subject to the following penalties:

  • A fine of at least $250 but no more than $1,000 and/or
  • A period of incarceration of no more than 180 days

If a person has prior operating while license suspended or revoked convictions that occurred within a ten year period, their sentence will be more severe. For example, all second offenses will have a minimum fine of $500 instead of $250 like first-time offenders. All sentencing is left to a judge’s discretion.

Penalties for Driving on a Suspended License

Convictions under Maine’s criminal code, Title 29-A, section 2414-A, may not result in suspended sentences. Jail time and fines must be served and paid. Penalties can include up to two years of an ignition interlock device (IID). IID ensures sobriety by requiring a breath sample before driving. Operating with a suspended or revoked license due to OUI results in an additional one-year suspension imposed by the Secretary of State, even if not included in the initial sentence.

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 The Maine Criminal Defense Group directly online or call us at (207) 571-8146 for a consultation to discuss your case. Our experienced attorneys are here to help you avoid serious charges.

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