In Maine, your driver’s license can be suspended under a variety of circumstances. If your driver’s license is from a different State, the Maine Bureau of Motor Vehicles (BMV) can suspend your privilege to operate a motor vehicle in the State of Maine. With some states, this will also impact your home state driver’s license.
If you are facing a Maine Driver’s License Suspension, your ability to support yourself and transport your family is at risk. The best course of action for you to take, is to hire an aggressive experienced criminal defense attorney to help assure there is minimal impact to your ability to drive.
I am an experienced Criminal Defense lawyer in Maine. I have handled many Driver’s License suspension cases all across Maine. I encourage you to check out a few of my victories.
- OAS Charge Dismissed – Client Never Set Foot in a Maine Courtroom
- Habitual Offender Status Dismissed – Changed an existing OAS Guilty Plea
Each case is unique, past results do not predict future outcomes. If you are facing a Maine Driver’s License Suspension, let’s look at a few things you need to know:
- Reasons why Maine Can Suspend Your Driver’s License
- How a Maine Criminal Defense Attorney Can Help
- What are my risks driving on a suspended license?
- How do I reinstate my driver’s license?
Reasons Why Maine Can Suspend Your Driver’s License:
Here are some of the circumstances in which the State of Maine can suspend your driver’s license:
- Criminal Charge for Operating Under the Influence (OUI)- Suspension length depends on the type of OUI charge:
- First Offense OUI- 150 days
- Second Offense OUI- 3 years
- Third Offense OUI- 6 years
- Criminal Conviction for Driving to Endanger (DTE)- 30 days
- Criminal Conviction for Operating After Suspension (OAS) after an OUI- At least 1 additional year license suspension time
- Failure to Pay Child Support- suspended until reinstated
- Failure to Pay License Reinstatement Fee- license remains under suspension until reinstated
- Failure to Pay Court Fees or Fines- suspended until reinstated
- Too Many Demerit Points on your Driving Record for Traffic Infractions- More than 12 demerit points in one year- suspended until reinstated
- Habitual Offender Status- Either three (3) motor vehicle related criminal convictions, ten (10) convictions for moving violations or a combination of both within the past five (5) years, license revoked (suspended indefinitely).
How a Maine Criminal Defense Lawyer Can Help
A Maine criminal defense lawyer can help you do what is necessary to help you get your license back as soon as possible, whether that means fighting a criminal charge that would suspend your license upon conviction, or working with the BMV to reinstate your license. Your criminal defense attorney might ask a number of questions, including the following?
- Was your license suspension proper under the circumstances?
- If notice was required, was adequate notice of the suspension received?
- Were you informed by the Court or law enforcement officer that your license was under suspension?
- Where were you operating your motor vehicle while your driver’s license was suspended?
- Did the Bureau of Motor Vehicles register that you in fact paid all of your reinstatement fees/ completed any other requirements for license reinstatement?
- Were you charged with Operating Under the Influence?
- Were you charged with Driving to Endanger?
- Are you facing Habitual Offender Status?
What are my risks driving on a suspended license in Maine?
There are many risks to driving on a suspended license. Most severe are the risks of criminal charges for OAS as well as a potential Habitual Offender status:
- Criminal Charge for OAS- Penalties for a criminal conviction for Operating After Suspension (OAS) can include fines, and if the OAS follows an OUI, the penalties can also include a mandatory minimum seven (7) day jail sentence and at least one additional year of license suspension time tacked onto your driver’s license suspension.
- Going “HO”- When you accumulate three motor vehicle-related convictions in five years, the Bureau of Motor Vehicles designates you as a Habitual Offender (HO). The driver’s license of a Habitual Offender is revoked, which means that it is suspended indefinitely unless the person petitions to have it reinstated.
- Criminal Charge for OAR- Penalties for a criminal conviction for Operating After Revocation (OAR) can include mandatory jail and fines:
- For a 1st Offense OAR the penalty is a mandatory minimum 30 days jail and $500.00 fine.
- For the 2nd Offense OAR the penalty is a mandatory minimum 6 month jail and $1000.00 fine.
- These charges become aggravated and the penalties more severe if there are either previous OUI convictions on your record, you were OUI at the time of the stop or it is 3rd or subsequent charge for OAR.
How do I reinstate my driver’s License?
In most instances, reinstating your Maine driver’s license requires going to your local Maine Bureau of Motor Vehicles office and paying any outstanding reinstatement fees. Also, being able to reinstate your license may also require you to pay any remaining outstanding traffic fines to the Violations Bureau.
If your license suspension was from a Criminal OUI, then your obligations to reinstate your Maine driver’s license is more complicated. If charged with OUI, in addition to paying reinstatement fees, you also have to complete a DEEP (Drug Education and Evaluation Program) course, with a copy of course completion provided to the Maine BMV. In the case of an OUI, and you have completed your DEEP course and paid all reinstatement fees, you can opt for an early reinstatement in the form of an Ignition Interlock device (IID), which is an alcohol breathalyzer device connected to the ignition of your car. If you have any alcohol in your system, the IID will prevent your car from starting.
For more Information
If you liked this article on Maine Driver’s License Suspensions, you may also like the following:
- What happens after my third license suspension?
- How soon can I get my license back?
- When can I get a work-restricted license?
- Maine Operating After Suspension
- Maine Driving to Endanger
- Habitual Offender Revocation
- Maine DEEP
- Ignition Interlock Program
- Maine DUI Defense Attorney Chris A. Nielsen