If you are a Massachusetts resident or the holder of a Mass. Driver’s License and you are arrested for operating under the influence in the State of Maine, you will have to deal with both the Massachusetts Registry of Motor Vehicles and the Maine DMV. DUI suspension are handled by the Division of Driver License Services of the Maine Bureau of Motor Vehicles.
Those convicted of OUI in Maine must complete the Driver Education and Evaluation Program (DEEP). After conviction of a 1st offense DUI in Maine, the defendant can apply to the Maine Bureau of Motor Vehicles for a conditional license. This license imposes certain conditions such as the completion of an approved driver alcohol educational program and the requirement to drive with no appreciable alcohol in the driver’s system while operating on a conditional license. Drivers found violating the alcohol restriction will have a 1 year license suspension.
A conditional license in Maine has the restriction “Q,” which means that the holder “may not operate after consuming intoxicating liquor.” Drivers found violating the Q condition will face additional administrative license suspensions. Conditional license holders who refuse to submit to a chemical test will have their licenses suspended for 2 years. If the Maine Bureau of Motor Vehicles suspends your license for driving with alcohol in your system or refusing a breathalyzer, you will have a hearing and you are entitled to legal representation, at your own expense, at that hearing. A lawyer may be able to save your license. The police officer involved in the suspension must appear at the hearing, otherwise the suspension may be rescinded.
The Maine BMV imposes a 1 year license suspension for those convicted of a first offense DUI and 10 year license revocations for multiple repeat offenders who drive under the influence after reinstatement following a previous OUI conviction or administrative sanction. Unlike Massachusetts, which has a lifetime DUI look-back period, the State of Maine has a 10 year look-back period, under which only those DUI offenses which occurred within the previous 10 years are considered.
Those convicted of a 1st offense OUI must serve 90 days of the 1 year suspension prior to applying for a conditional license. Second offenders must serve 18 months of the suspension before applying, and 3rd offenders must serve 4 years of the 10 year revocation prior to applying for a conditional license. Repeat offenders in Maine must serve these 18 month and 4 year suspensions during which time no work, limited, or hardship licenses will be granted by the Maine BMV.
All drivers convicted of DUI in Maine will be required to complete an alcohol education program and some repeat offenders may be required to participate in an approved alcohol treatment and rehabilitation program.
Maine imposes the ignition interlock requirement as a condition of early reinstatement of a driver’s license for those convicted of a second or third OUI offense. A second offender’s license may be reinstated after 9 months if the driver installs and uses the IID for two years. A 3rd offender’s license may be reinstated after he serves 3 year of the suspension if the offender installs and uses the IID for 3 years. In Maine 4th offenders are not eligible for early reinstatement, even with the installation of an IID.
If you have a Massachusetts Driver’s License and you are arrested for OUI in Maine, you must reinstate your right to operate in Maine prior to attempting to reinstate in Massachusetts. Also, the Maine DUI conviction will be added to your Massachusetts Driving Record and it may trigger an additional Massachusetts license suspension for OUI. Contact a lawyer to find out more about this.