If you are charged with an OUI in Maine, you have two cases you need to fight. One is the criminal charges at the Court and the other is the administrative suspension at the BMV.
If the Court dismisses the criminal charge, people think that it is only fair that the BMV will also dismiss the administrative suspension. I am often asked the question, “If the Court dismisses my OUI, does the BMV drop the license suspension?” Unfortunately, the answer to the question (if the Court dismisses my OUI does the BMV drop the license suspension?) is no.
The outcome at the Court and the outcome at the BMV in the same OUI case have nothing to do with one another. These are two separate branches of government. The outcome at Court (the Judicial Branch) has no impact with what happens at the BMV (the Executive Branch). We are dealing with completely different issues at Court and at the BMV as well. Think of it this way, if you have an administrative hearing at the BMV, and the hearings examiner finds against you and upholds the OUI suspension, does that mean you are automatically guilty of OUI at Court? No, it doesn’t, and likewise if you beat the case at Court, it doesn’t mean the administrative suspension goes away either.
If you are impacted with an alcohol-related license suspension, you are required to become DEEP compliant and pay a reinstatement fee. Often in an OUI the administrative suspension begins to run much sooner than the Court case is finally resolved. That is why I frequently tell clients to be prepared for the license suspension component from the BMV if facing an OUI in Maine.
If facing a license suspension in Maine for OUI, you need to make sure that your rights are protected. We encourage you to contact The Nielsen Group for a free legal consultation with a criminal defense attorney.
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