I hear this question (Can I win my DUI at Court but still lose my driver’s license?) from clients facing drunk driving charges in Maine. This is a good question to ask, because this situation occurs more frequently than you might think.
The answer to the question (Can I win my DUI at court but still lose my driver’s license?) is yes, it is possible for you to win your DUI case at the criminal court, but the Maine Bureau of Motor Vehicles (BMV) will still suspend your driver’s license. This is because the criminal court and the BMV are two separate government organizations. The outcome at one does not affect the other.
What triggers a driver’s license suspension for DUI at the BMV?
When you were arrested for DUI in Maine, the arresting police officer generated a report alleging the details of how you broke the law, namely how you operated your motor vehicle, and how you were under the influence of an intoxicant at the time. This police report is sent to the Maine Bureau of Motor Vehicles (BMV).
Based on this police report, the BMV sends you notice in the mail informing you that your driver’s license is going to be suspended. As an administrative agency, the BMV can suspend your driver’s license based on the police report alone. This is because the BMV applies a much less stringent standard of evidence than the criminal court.
The BMV suspension does not have any impact on what happens at the criminal court.
What triggers a driver’s license suspension for DUI at the Criminal Court?
The criminal court in Maine would impose a driver’s license suspension only in conjunction with your mandatory minimum sentence in the event of a DUI conviction. In the case of a First Offense OUI in Maine, the driver’s license suspension is for 150 days.
If your DUI case is dismissed at Court, or if you plead guilty to a lesser charge that does not affect your driver’s license, then your driver’s license would not be suspended by the Court. The outcome from the criminal court would have no effect on what already happened at the BMV.
Therefore, if you were charged with DUI, and the BMV suspended your driver’s license, but the criminal court did not suspend your driver’s license, then this would be how your license is suspended by the BMV, but you won at the criminal court. This is why it is important to always request an administrative hearing from the BMV if you are notified of a upcoming administrative suspension.
Our committed legal team is determined to take immediate action to seek a positive case outcome. If you or someone you know is charged with DUI in Maine while having a commercial driver’s license, I encourage you to contact The Nielsen Group for your free legal consultation with an experienced criminal defense attorney. We will take the time to answer your questions and to put your mind at ease as we work with you to determine a defense strategy.
It is well worth your time to check out:
If you would like to call us now at (207) 571-8555, we can begin to develop your case strategy.
If you enjoyed the answer to the question (Can I win my DUI at court but still lose my driver’s license?), you may also want to read: