Local DUI Laws

Getting charged with Operating Under the Influence (OUI) in Maine comes with immediate concerns—one of the most urgent being what happens to your driver’s license. Is suspension automatic? Does it require a conviction? Or does it happen right after the arrest?

The answer in Maine is clear: license suspension is automatic, but there are multiple layers to how and when it happens. In this post, we’ll clarify what “automatic” really means in the context of Maine’s OUI laws. You’ll learn the difference between administrative and criminal suspensions, how they’re triggered, and what options may exist if you’re trying to hold onto your driving privileges.

This isn’t legal advice, and it doesn’t cover every possible scenario, but it does explain—in plain language—what the license suspension process looks like after an OUI charge in Maine. Whether it’s your first offense or not, understanding how the system works can help you prepare for the next steps.

Administrative License Suspension Happens Automatically After Arrest

In Maine, one of the most important things to understand is the role of the Bureau of Motor Vehicles (BMV). When you’re arrested for an OUI, the BMV initiates an administrative suspension process—even before your court date.

This means that your license can be suspended based solely on the arrest and related paperwork, not on a court conviction. If the arresting officer submits the necessary documents, and your blood alcohol content (BAC) was 0.08% or higher, the BMV typically imposes a 150-day suspension for first-time offenders.

Here’s what happens in sequence:

• You’re arrested and processed for OUI
• Police submit a notice to the BMV
• The BMV sends you a notice of suspension, usually within a few days
• Your license is suspended on the effective date listed in the notice

You do have the right to request an administrative hearing, but unless you win that hearing, the suspension still applies. This administrative process operates independently of any criminal case or court decision.

Court-Ordered Suspension Can Also Apply After Conviction

Separately from the administrative suspension, you may also face a criminal court suspension if you’re convicted of OUI. This typically mirrors the administrative suspension in terms of length, but it is issued by the judge as part of sentencing.

In most first-offense cases, the court will impose a 150-day suspension. This often runs concurrently with the administrative suspension, meaning the total suspension period does not double—but that isn’t guaranteed.

For second and subsequent offenses, court-ordered suspensions are longer:

• Second offense: 3 years
• Third offense: 6 years
• Fourth offense or more: 8+ years or permanent revocation

Again, these are mandatory minimums, and judges have limited discretion. If you’re convicted, the court has to impose the required suspension—even if you already served time under the BMV’s administrative action.

Chemical Test Refusal Triggers Automatic Suspension—Even Without Conviction

Maine enforces implied consent laws, which means you agree to submit to chemical testing if you’re lawfully arrested for OUI. Refusing a breath, blood, or urine test doesn’t protect you from license suspension—in fact, it triggers a longer suspension automatically.

Here’s how it breaks down:

• First refusal: 275-day suspension
• Second refusal: 18-month suspension
• Third or more refusals: 4-year suspension

These suspensions are administrative, and they go into effect regardless of whether you’re convicted in court. The refusal itself is the trigger, and it’s treated as a separate violation by the BMV.

You can request a hearing to challenge the suspension, but you must act quickly after receiving the notice. Without a successful appeal, the suspension takes effect on the scheduled date, no matter what happens with your criminal case.

Drivers Under 21 Face Automatic Suspension for Any Alcohol

If you’re under the age of 21 in Maine, the standards are stricter. The state enforces a zero-tolerance policy for alcohol. That means:

• Any detectable BAC = automatic suspension
• Refusal to test = automatic suspension

For underage drivers, even a BAC below 0.08% can result in a one-year license suspension. If you refuse to test, the suspension increases to 18 months, and there may be additional penalties if there are passengers under 21 in the vehicle.

These suspensions are automatic and mandatory. Judges and BMV officials have little to no room for flexibility under Maine law when it comes to underage drivers with alcohol in their system.

Multiple Suspensions Can Be Imposed at the Same Time

One question that often comes up is whether license suspensions “stack” in Maine. The answer: they can, but they often run concurrently.

Here’s how that works:

• If you receive an administrative suspension from the BMV
• And then a court-ordered suspension after conviction
• The two suspensions may be served at the same time (concurrently), not one after the other

However, in some cases—especially with repeat offenses or test refusals—suspensions may not align. In those scenarios, the total time without a license could stretch longer.

Also, if you violate conditions like ignition interlock compliance or fail to complete DEEP (Driver Education and Evaluation Program), your license may be suspended again or remain suspended beyond the original end date.

Can You Drive During Suspension? Ignition Interlock Exceptions

Although suspensions are automatic, Maine law allows some individuals to apply for limited driving privileges—but only under strict conditions.

For first-time offenders:

• You may apply for early reinstatement after 30 days, but only if you install an ignition interlock device (IID)
• The IID must remain for the remainder of your original suspension period
• You must also complete or be enrolled in the DEEP program

For second or third offenses, early reinstatement is possible only after serving a significant portion of the suspension, and the IID may be required for up to 3 years.

There is no early reinstatement option for those with test refusals on second or higher offenses, or for felony-level OUI cases.

FAQ: Automatic License Suspension After OUI in Maine

Does Maine automatically suspend your license after an OUI arrest?
Yes. The BMV issues an automatic suspension based on the arrest and BAC result—no court conviction is needed.

How long is the automatic suspension for a first offense?
150 days is the standard administrative suspension for a first-time OUI in Maine.

Can the suspension be delayed or avoided?
You may request an administrative hearing, but unless you win, the suspension will go into effect as scheduled.

Does refusing a test mean automatic suspension?
Yes. Refusing chemical testing results in an automatic administrative suspension, often longer than if you had submitted to testing.

Can I drive with an ignition interlock device during suspension?
Yes, but only after 30 days (first offense) and with BMV approval. You must also be enrolled in or have completed DEEP.

Conclusion

License suspension after an OUI in Maine is not just likely—it’s automatic. The moment you’re arrested and your BAC is at or above the legal limit, or you refuse testing, the BMV initiates a suspension, even before any court proceedings begin. If you’re later convicted, the court may impose its own suspension, but in most cases, these periods run concurrently. Understanding the administrative and criminal components of Maine’s OUI suspension process can help you know what to expect and how the system operates.

To explore the broader landscape of penalties tied to impaired driving, visit our full guide on DUI penalties and consequences. For an in-depth look at the restrictions that follow a suspension, visit our post on license suspension and driving restrictions after a DUI.