How to Get Your License Back After an OUI in Maine

In Maine, operating under the influence (OUI) is a crime where a person is found driving while impaired by alcohol or drugs beyond the state's legal limits. A conviction for an OUI may result in criminal penalties and administrative actions, such as suspending your driver's license under DUI laws. The Maine Bureau of Motor Vehicles (BMV) is the state agency handling license suspensions and reinstatements.

Step 1: Know the Terms of Your Suspension

Offenders need to know what kind of suspension they are facing before trying to get their license back. For example, the Secretary of State's Office will suspend someone who has refused a breathalyser test for 18 months. The Office also imposes different penalties for repeat offenders. If a person is convicted a second time for refusing a breathalyzer test, they will have their license for 30 months.

Additionally, a person's license may be suspended for 150 days for a first DUI violation, while a second offense leads to a 3-year suspension. Drivers under age 21 face a 1-year suspension for any detectable BAC, plus an additional 180 days if passengers under 21 were present. A commercial driver will be barred from driving a commercial vehicle for a year after a first DUI offense and three years if they transport hazardous materials.

Step 2: Fulfil Court and DMV Requirements

The court and the Maine BMV operate independently when handling OUI violations. Courts impose criminal liability, including fines, jail time, and probation. They may also order participation in substance abuse treatment or alcohol education. Meanwhile, the BMV handles administrative license suspensions and requires proof of program completion, payment of fees, and SR-22 insurance before reinstatement.

These suspensions may run concurrently; the end of one does not signify the end of another. Even if the court finds a person guilty and issues a suspension lasting 60 days, the BMV's suspension of 150 days continues to run when the court's suspension ends. However, in many cases, the court's decision precedes the BMV's. If the court acquits a person of a DUI, the BMV may be inclined to drop the suspension.

Step 3: Complete an OUI Education or Treatment Program

The courts or the BMV may mandate individuals convicted of OUI in Maine to complete the Driver Education and Evaluation Program (DEEP). The Office of Behavioral Health oversees and accepts applications into this program. Offenders typically complete the classes offered by this program to get their license reinstated. The DEEP aims to lower cases of injury, disability, and death resulting from DUI traffic accidents and reduce the possibility of reoffense.

To register for the program, parties typically select a program and contact the office at (207) 626-8600 to register.

There are different DEEP classes one may participate in, including:

1. Adult Risk Reduction Program
2. The Under-21 Program
3. The Completion of Treatment Program
4. Out of State Program
5. Armed Forces Program

Offenders typically enroll through a state-approved DEEP provider. Participants typically complete the program entirely, including attending all sessions and assessments. Upon completion, they receive a certificate, which is typically submitted to the court (if applicable) and the BMV. Failure to provide this documentation will delay reinstatement.

Step 4: Get SR-22 Insurance or Equivalent

In Maine, individuals are mandated to get an SR-22 insurance if they are found guilty of a DUI violation. It is important to note that this is not an insurance policy but a document attached to an existing policy showing that the person has the state-mandated minimum car insurance coverage.

Parties may get an SR-22 insurance by contacting their insurance provider and requesting it. Offenders are required to maintain this insurance for three years after their license has been reinstated. If their policy lapses during that time frame, they will be resuspended.

Step 5: Pay Reinstatement Fees

If your license has been revoked or suspended, the Maine BMV will allow you to reinstate it for a fee. Check your license status before starting your reinstatement process and paying the fees. Additionally, the cost of your reinstatement fee depends on whether it is your first violation. For example, you will pay a $50 reinstatement fee if it is a first offense DUI.

Parties may pay these fees at any branch office, by phone, or online. If a person wishes to reinstate their license over the phone, they should ensure to have their credit card (Visa, MasterCard, Discover, or American Express) available. Additionally, there is a $5 processing fee attached to online payments.

Step 6: Submit Your License Reinstatement Application

When a person has fully served their court and BMV suspensions and met all conditions, they may start the process to reinstate their license. Parties may start their reinstatement application online through the Driver's License Reinstatement Fees portal. They may also do it in person at any BMV Centre, or they may mail all necessary documents to:

Bureau of Motor Vehicles
Driver License Services Division
29 State House Station
Augusta, ME 04333-0029

Individuals typically include their full name, date of birth, and driver's license number in their applications. They may also find information on the reinstatement checklist by contacting the BMV at (207) 624-9000 or driver.license@maine.gov. Additional testing may also be required if the person's license was suspended for over a year.

What If You're Denied License Reinstatement in Maine?

There are different reasons why the BMV will not allow a person to reinstate their license. These include:

• Failing to meet specific requirements required by the court or the BMV.
• Omitting to include documents necessary for the reinstatement application.
• Failing to pay outstanding fees.
• Failing to attend mandated DEEP classes or present insufficient evidence that they are fit to drive safely.

Interested parties may request a hearing appeal to their rejection through the Hearings Section of the Division of Legal Affairs, Adjudications and Hearings. Parties are to include the following information in their request for a hearing:

• Full name
• Date of birth
• Phone number
• Mailing address
• Driver's license number
• A brief statement stating what the hearing is for.

Hardship Licenses: Driving with Limited Privileges

Maine allows specific drivers to apply for a hardship license, which grants limited driving privileges for essential needs like work, school, or medical appointments.

To qualify, a person must:

1. Serve a mandatory suspension period (e.g., 30 to 90 days)
2. Be enrolled in or have completed the DEEP program
3. Submit proof of SR-22 insurance
4. Install an Ignition Interlock Device (IID) if required

All applications for a hardship license are made through the BMV, and approval is discretionary. Driving is strictly limited to approved hours and purposes. Parties who violate hardship license terms risk losing their driving privileges, and the full suspension may be reinstated.

How Long Does It Take to Get Your License Back After an OUI?

The time it takes for a person to fully regain their driver's license after an OUI in Maine depends on multiple factors. These include:

1. The number of prior offenses
2. Whether they refused a chemical test,
3. Their age at the time of the offense
4. How quickly you complete all reinstatement requirements.

For a first-time OUI offense where the driver submitted to a test, the minimum suspension period is 150 days. If the driver refuses chemical testing, the suspension increases to at least 275 days under Maine's implied consent law. These suspensions typically first run their course before a person may look to regain their license.

However, meeting the legal suspension period alone is insufficient to get their license back. They typically also complete all required steps, including finishing the DEEP education or treatment program, paying reinstatement fees, providing proof of SR-22 insurance, and submitting all documentation to the BMV. Failure to complete these requirements may delay reinstatement even after the suspension period has ended.