Maine Habitual Offender Defense Lawyer
Serving the Saco, Bangor, Biddeford, Augusta, and Portland Areas
A DUI offense can lead to serious consequences. Even a first time DUI offender can expect to see license suspension, probation, fines and more. If you have prior DUI convictions, the penalties will be even greater. In some cases, multiple DUI convictions can lead to habitual violator offenses. Many people are not familiar with the term habitual violator, but any driver who has too many driving related offenses can face license revocation in Maine.
If you are convicted of 3 or more OUI offenses in a 5 year period, you will receive habitual offender status in Maine. OUI is not the only offense that can lead to you being labeled habitual offender. According to Title 29-A, §2551-A, three of any of the following offenses in five years will lead to serious charges:
(1) Homicide resulting from the operation of a motor vehicle;
(2) OUI conviction;
(3) Driving to endanger, in violation of section 2413;
(4) Operating after suspension or revocation, in violation of section 2412-A;
(5) Operating without a license;
(6) Operating after revocation, in violation of former section 2557, section 2557-A or section 2558;
(7) Knowingly making a false affidavit or swearing or affirming falsely in a statement required by this Title or as to information required in the administration of this Title;
(8) A Class A, B, C or D offense in which a motor vehicle is used;
(9) Failure to report an accident involving injury or death, in violation of section 2252;
(10) Failure to report an accident involving property damage, in violation of section 2253, 2254 or 2255;
(11) Eluding an officer, in violation of section 2414;
(12) Passing a roadblock, in violation of section 2414, subsection 4;
(13) Operating a motor vehicle at a speed that exceeds the maximum speed limit by 30 miles per hour or more;
If you are convicted for any three of these crimes in a 5 year period or “10 or more convictions or adjudications for moving violations arising out of separate acts” in five years, you can become a Habitual Offender in the eyes of the State of Maine.
The only exclusions to this list are under the circumstances that you are operating on a suspended license and any of the following conditions apply:
- Your license had expired and was not suspended or revoked
- Your license was suspended due to failure to pay child support
- Your license was still suspended because you failed to pay a reinstatement fee required by section 2486;
Maine Habitual Offender Penalties
When you are ruled a habitual offender, you will face license revocation. This means that you will lose your license and will not be entitled to any limited driving permits. If you are arrested for another driving related crime or OUI once you become a habitual offender, you will face strict penalties that result in jail time and steep fines. Depending on the seriousness of the offenses as well as your criminal history, you can expect to face anything from 30 days in jail and $500 in fines to $1,000 in fines and 2 years in jail. These penalties are very strict and jail time must be served for a subsequent DUI conviction after you become a habitual offender.
Can I Get My License Returned?
As soon as your license is revoked, you have 30 days to request a hearing. This is your one and only chance to explain why you should not lose your license. There are only two things that you are allowed to argue at this hearing.
- That your license was revoked in error and your name does not match that on the transcript or abstract
- That your record does not warrant habitual violator status
After you are ruled a Habitual Offender in Maine, you license will be immediately revoked. Unlike a suspension, a revocation does not end. Instead, you can attempt to get your license re-instated after a minimum of three years. If you are deemed to no longer be a danger to public safety, The Secretary of State may return your license to you. You will still have the status of a habitual offender and any new violations in a 5 year period after your license is returned will result in license revocation.
Maine Habitual Violator Defense
If you are facing habitual offenses call us now. The experienced defense attorneys at the Law Office of William T. Bly can help you fight the charges and protect your future. The more OUI and driving offense convictions that you have in a 5 to 10 year period greatly affects the sentences you will face. Judges and prosecutors look to punish repeat offenders harshly and pleading guilty to a driving offense leaves you open to strict penalties like jail time. Becoming a habitual offender is a big deal. The minimum amount of time that your license will be revoked is 3 years. Call us now for a free consultation.