Operating Under the Influence
There may be other factors that impact your intoxicant related event. If other conditions exist, you should contact the main office at (207)624-9000 ext. 52104 for more information specific to your case.
Administrative Suspensions for Intoxicant Levels
An administrative suspension is action taken by the Secretary of State separate and apart from any court action. These driver's license sanctions may be imposed much earlier than a court suspension. In some cases, they may be imposed in addition to criminal penalties and may appear on your driving record.
You may request a hearing for an administrative suspension. The request must be made within 10 days from the effective date of the suspension.
If you are stopped for operating under the influence (OUI) and a chemical test shows that you are under the influence of intoxicants or with an excessive alcohol level, you may lose your driving privilege. In addition, for all administrative suspensions (there are some refusal exceptions) you may be required to complete a driver education evaluation program (DEEP).
Administrative Imposed Suspensions for OUI
|1st Provisional (teen)||1 Year|
|1st Provisional (refusal)||18 Months|
|2nd & Subsequent Provisional (teen)||2 Years|
|2nd Provisional (refusal)||30 Months|
|1st||150 Days (could be reduced to 30 days with an ignition interlock device)|
|1st (refusal)||275 Days|
|2nd||3 Years (could be reduced to 9 months with an ignition interlock device)|
|2nd (refusal)||18 Months|
|3rd||6 Years (could be reduced to 3 years with an ignition interlock device)|
|4th & Subsequent||8 Years (could be reduced to 4 years with an ignition interlock device)|
|4th & Subsequent (refusal)||6 Years|
Commercial drivers are treated differently for alcohol and drug related offenses. In addition to other penalties associated with Maine's OUI laws, a commercial driver for the first violation will be disqualified from driving a commercial vehicle for one year. If, however, the driver was transporting hazardous materials at the time, the disqualification period is three years. If a commercial driver commits a second OUI, he or she will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to 10 years.
Provisional License Suspensions for Intoxicant Levels
A license of a person who has not yet attained 21 years of age includes the condition that the person not operate a motor vehicle with any level of intoxicants, including alcohol or drugs. Your license shall be suspended for one year for a first offense or two years for a second offense if you receive an OUI conviction or for operating a motor vehicle with any levels of intoxicants, including alcohol or drugs.
By operating or attempting to operate a motor vehicle in Maine you have a duty to submit to and complete chemical tests to determine your alcohol level and drug concentration.
If you are requested to take a blood test you may ask that your physician perform the test if your physician is reasonably available.
If you fail to comply with your duty to submit to and complete chemical tests, your driver's license or permit or right to apply for or obtain a license, may be suspended for a period up to 6 years. Your failure to submit to a chemical test is admissible against you at any trial for operating while under the influence of intoxicating liquor or drugs. If you are convicted of operating while under the influence of intoxicating liquor or drugs, your failure to submit to a chemical test may be considered an aggravating factor at sentencing which in addition to other penalties, may subject you to a mandatory minimum period of incarceration.
If you are 21 years of age or older, an additional 275 days of suspension may be imposed if you had a passenger under 21 with you in the vehicle at the time of the offense. If you are less than 21 years old, an additional 180 days of suspension may be imposed if you had a passenger under 21 with you at the time of the offense.
Court Suspension for Intoxicant Levels
A driver arrested for Operating under the Influence will receive both a summons and a court date. The court will notify the BMV of any court ordered convictions.
No hearings will be granted for a court ordered suspension.
Note: Your administrative suspension could be longer than the suspension ordered by the court. You will be required to serve the greater of the two.
For information regarding any other type of OUI related incident (i.e. Out-of-State OUI, OAS/OUI etc.), any Commercial driver offense or for habitual offender information, call the main office at (207)624-9000 ext. 52104 or send your specific request in writing to:
Bureau of Motor Vehicles
Driver License Services Division
29 State House Station
Augusta, Maine 04333-0029
(207) 624-9000 ext. 52104
TTY Users Call Maine relay 711
Please include your full name, date of birth or Maine driver's license number and current mailing address. If you are requesting a record, the fee for a 3 year record is $5.00 and the fee for a 10 year record is $10.00. If you wish the information to be faxed to you, please include the fax number and an additional fee of $2.00. There is an additional fee of $1.00 for a certified copy of the record. Please make check or money order payable to the Secretary of State.