How soon can I get my driver’s license back?

The question (How soon can I get my driver’s license back?) is one I hear in a wide range of situations in which the client’s license has been suspended. Depending on the basis of your license suspension, what requirements you may be required to meet in order to get your license back also varies. For example, if your driver’s license was suspended because of failure to pay fines, then you would be required to pay these fines along with any reinstatement fees before getting your license back. If your driver’s license was suspended because of an OUI, then the requirements are greater and generally take much longer before becoming eligible for reinstatement, including requirements to complete a DEEP (Driver Education and Evaluation Program) Course, pay reinstatement fees, and perhaps install an Ignition Interlock Device (IID).

The Bureau of Motor Vehicles (BMV) will suspend your driver’s license for a number of reasons, the most common reasons are:

Being arrested or convicted of Operating under the influence (OUI)
Being accused or convicted of Erratic/Reckless Driving including Driving to Endanger (DTE)
Accumulating too many driving record points
Refusing to submit to a chemical test for drunk driving
Violating state insurance laws

We will review these scenarios but by no means is it a comprehensive list. If you or someone you know has questions on how soon they can get their Maine Driver’s License reinstated, please feel free to contact me. In order to answer your questions and help you through this time our first confidential legal consultation is always free.

The length of your suspension depends upon the offense committed. In Maine, the Bureau of Motor Vehicles will mail you a suspension notice. This notice details the offense committed or the basis of the suspension, how long your license will be suspended and when the suspension period starts. If the suspension includes a right to an administrative hearing, information about how to request the administrative hearing will also be included. Let’s now walk through how soon you can get your Maine Driver’s License Back for each of the common scenarios.

Being arrested or convicted of Operating under the influence (OUI)

Maine has a look back period of ten years. A first offense Maine OUI is the first offense within the last ten years. The second offense Maine OUI is the second offense within the last ten years. As you will see the more offenses within ten years, the longer the suspension period.

First Maine OUI Offense – License Suspension for 150 days
- 30 days with installation of an IID for the remaining 120 days
Second Maine OUI Offense – License Suspension for 3 years
- 9 months with installation of an IID for 2 years
Third Maine OUI Offense – License Suspension for 6 years
- 3 years with installation of an IID for 3 years

Being accused or convicted of Erratic/Reckless Driving including Driving to Endanger (DTE).

All of the offense listed below are crimes with sentences imposed through a court conviction. These penalties include fines and sometimes even jail time. The criminal court does not apply driver’s license suspension. Instead the criminal court notifies the Secretary of State department. Once the Secretary of State department receives the notice, that office will suspend your Maine Driver’s license.

90 day suspensions:

Passing a roadblock
Eluding a police officer

60 day suspensions:

Criminal Operating After Suspension

30 day suspensions:

criminal operating a motor vehicle without a license
displaying a suspended license
operating alone on a permit
exceeding posted speed by at least 30 miles per hour
leaving the scene of an accident involving bodily injury
passing a stopped school bus
altering a Maine driver’s license or Maine registration certificate
loaning a Maine driver’s license
unlawful use of a Maine driver’s license
falsifying an application for registration certificate or a Maine driver’s license
failure to stop for a police officer
giving false information to a police officer
convicted of a charge of Driving to Endanger (DTE)

Accumulating too many driving record points

Like many other states, Maine has a points system, in which a driver earns points on their license for every moving violation they commit. If you earn over 12 or more points on your driving record, your license is suspended for a period of at least 15 days.

Refusing to submit to a chemical test for drunk driving

Maine has an implied consent law. What this means to you is that when you refused to take a chemical test, your driver’s license will be automatically suspended and you will be fined. The suspension period depends on how many times you have refused to submit to a chemical test.

First Refusal to take test: 275 day license suspension
Second Refusal to take test: 18 month license suspension
Third Refusal to take test: 4 year license suspension

Violating state insurance laws

In Maine you are required to have car insurance. If you are found guilty of driving without insurance, you will be fined by the courts up to $500. The Secretary of State department will also suspend your driver’s license until you show proof of insurance.

Reinstating your Suspended Driver’s License.

Once you have fulfilled the requirements of your suspension, you will need to visit your local BMV office. Its going to take some of your time and money to get your license reinstated. Depending on the reason for your license suspension you may need to:

Have proof that you have satisfied any court applied requirements.
Give proof of insurance within the state of Maine to the BMV. The SR-22 filing is a certification that you are covered by auto insurance valid within the State of Maine.
If your license was suspended because of a drunk driving offense, you will need to show proof you have completed a DEEP Program.
You will need to pay the reinstatement fee.