License Suspension After a Maine OUI Arrest

Posted by William Bly | Oct 01, 2013 | 0 Comments

If you have been arrested for OUI in Maine, you may be fearful of how the arrest will affect your license. The truth is there are many ways that a DUI / OUI charge can lead to license suspension. The Maine Bureau of Motor Vehicles outlines its license suspension polices on its website.

After you've been arrested for OUI, the BMV will administratively suspend your license. The only chance that you have to avoid this suspension is to request a hearing in which you can argue 2 issues and 2 issues only.  The first is that there was no probable cause for arrest and second is that you weren't a .08% BrAC at the time of driving. There are two important facts to remember about this hearing. The first is that you only have 10 days to request this hearing from the date of suspension and the second is that the outcome of the DMV is unrelated to your DUI case.

The second way you can lose your license following a DUI arrest is if you refused a chemical BrAC test. State administered chemical sobriety test refusals lead to a violation of implied consent. If you are convicted of DUI and refused a chemical sobriety test, you will face an additional license suspension penalty.

Finally, if you are convicted of DUI in Maine, you may find yourself sentenced to license suspension depending on your criminal and driving record and other circumstances of the arrest.

Many people see these laws as being very harsh, but as an article in the Kennebec Journal explains, Maine's OUI sentencing is actually lighter than many other states in the U.S. For example, Maine does not have a law that allows for lifetime license revocation after multiple DUI convictions. Another big issue is the time period in which your criminal history is reviewed after an OUI arrest. Many groups like MADD are pushing for a lifetime review. This policy seems grossly unfair; for a driver who has an OUI at the age of 22 and then again at 62 is hardly demonstrating a pattern of drinking and driving negligence. For now these policies are not being adapted in Maine, but given the enthusiasm for tougher DUI punishment throughout the country, anything is possible in the future.

About the Author

William Bly

William T. Bly, Esq. is a graduate of Rutgers College where he majored in Political Science with a minor in U.S. History. Attorney Bly attended and graduated the University of Maine School of Law. During his time in law school, Attorney Bly focused on criminal defense.

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