Maine has two sets of procedures that you must attend to when you have been charged with an OUI—administrative and judicial. We suggest that you consult with an OUI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.
Administrative License Revocation (ALR) Procedures
Maine Bureau of Motor Vehicles
Maine is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with driving under the influence offense. This action was designed to be in addition to and separate from the traditional OUI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device (IID), and alcohol and drug rehabilitation.
You will be given a 10 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically suspended on the 11th day for 3 months, although first-time offenders can request a work permit after 30 days. After the suspension period, you will be required to get an ignition interlock device.
Remember that this is a separate case from the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.
In Maine, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .08% or higher, even if it is your first offense.
License Revocation, Fines and Jail
- First Offense – Class D Crime: not less than $500 fine, not less than 48 hours in jail IF aggravating factors apply, 90-day license suspension (restricted license may be available after first 60 days suspension), possible attendance at alcohol/drug/substance abuse treatment program, and possible vehicle forfeiture and/or impound.
- Second Offense – Class D Crime: not less than $700, not less than 7 days in jail, 3-year license suspension (license may be reinstated after first 9 months if ignition interlock is installed for a period of 2 years), forbidden to register a motor vehicle. Possible attendance at alcohol/drug/substance abuse treatment program and possible vehicle forfeiture and/or impound.
- Third Offense – Class C Crime: not less than $1,100 fine, not less than 30 days in jail, 6-year license suspension (license may be reinstated after first 3 year’s suspension if ignition interlock is installed for a period of 3 years), forbidden to register a motor vehicle. Possible attendance at alcohol/drug/substance abuse treatment program and possible vehicle forfeiture and/or impound.
- Fourth and Subsequent Offense – Class C Crime: not less than $2,100 fine, not less than 6 months in jail, 6-year license suspension, must install an ignition interlock for a period of 4 years at the end of the suspension period, forbidden to register a motor vehicle. Possible attendance at alcohol/drug/substance abuse treatment program and possible vehicle forfeiture and/or impound.
For more information on Maine, ignition interlock laws contact the Maine Bureau of Motor Vehicles.