Operating While License Suspended or Revoked In Maine

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Driving with a Suspended License in Maine

Assisting Drivers in the Areas of Portland, Bangor, Augusta, Biddeford and Saco

police stopping a man

Under Maine criminal code Title 29-A, section 2414-A, a person is guilty of a criminal offense if they operate a vehicle on the road or in a parking lot while their license has been suspended or revoked and the person:

  • Has received written notice of the suspension or revocation
  • Has been orally informed of the suspension or revocation by a police enforcement officer
  • Has actual knowledge of the license suspension or revocation
  • Has been sent written notice of the suspension or revocation
  • Has failed to appear in court after suspension or revocation for failing to pay a fine

If a person is found to be in violation of any of these circumstances, they will face Class E criminal charges. If they received license suspension due to any of the following, they will face only a traffic infraction.

  • Suspension due to failing to pay a fine
  • Suspension due to failing to pay license reinstatement fee
  • Suspension due to paying a fine with a dishonored check

All other violations under this law are charged as Class E offenses and are subject to the following penalties:

  • A fine of at least $250 but no more than $1,000 and/or
  • A period of incarceration of no more than 180 days

If a person has prior operating while license suspended or revoked convictions that occurred within a ten year period, their sentence will be more severe. For example, all second offenses will have a minimum fine of $500 instead of $250 like first time offenders. All sentencing is left to a judge's discretion. 

Operating with a Suspended License and OUI

If a driver is accused of operating a vehicle with a license that is suspended or revoked because the driver was previously convicted of Operating Under the Influence (OUI) of drugs or alcohol, the penalties will be different than in the circumstances listed above.

If the driver was convicted for operating under a license that was suspended or revoked due to OUI or and OUI offense, the penalties will include:

  • A fine of at least $600
  • At least 7 consecutive days of incarceration
  • An additional one to three years of license suspension

If the driver has any previous conviction for operating on a suspended or revoked license on their record in the past ten years, the penalties will be increased. The penalties are as follows:

  • One prior conviction and an OUI related suspension or revocation 
    • A fine of at least $1,000
    • At least 30 consecutive days of incarceration
    • An additional one to three years of license suspension
  • Two prior convictions and an OUI related suspension or revocation  
    • A fine of at least $2,000
    • At least 60 consecutive days of incarceration
    • An additional one to three years of license suspension
  • Three or more prior convictions and an OUI related suspension or revocation  
    • A fine of at least $3,000
    • 6 months of incarceration
    • An additional one to three years of license suspension
    • Class C criminal charges

Sentencing for Maine Operating on a Suspended License

A person who is convicted of any of the offenses listed in Maine criminal code Title 29-A, section 2414-A should be aware that their sentences may not be suspended. A suspended sentence is a special situation where a judge hands out a sentence but the offender does not have to complete it right away. Instead, the sentence will be ignored if the offender is on good behavior for a set period of time. This means that all jail time must be served and fines must be paid.

A sentence under this law can also include installation of an ignition interlock device or IID for up to two years. An IID is a small device that is installed in a vehicle that forces the driver to give a breath sample before operating the vehicle. If there is alcohol in the breath sample that is over the legal limit, the IID will not allow the vehicle to be driven. This device is a way for the courts to make sure an OUI offender abstains from repeat offenses.

If the driver is convicted of operating with a suspended or revoked license due to OUI, they will face additional license suspension. Even if the judge does not impose this suspension in the sentence, the Secretary of State will add an additional one year of suspension to their current suspension or revocation period.

Have you had your license suspended due to a DUI/OUI? Contact us today to see how we can help you get your driving privileges restored. The experienced attorneys at the Law Office of William T. Bly have helped many drivers over the years. 

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