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Losing your ability to drive is one of the most immediate and disruptive consequences of an OUI charge in Maine. Known officially as Operating Under the Influence, an OUI offense triggers a series of administrative and criminal penalties—including license suspension. But how long is that suspension, and what factors determine its length?
In Maine, license suspensions are enforced both by the court system and the Bureau of Motor Vehicles (BMV). That means you could face a suspension even before your court date or separate from your criminal case entirely. The length of suspension depends on multiple variables: whether it’s your first offense, if you refused testing, if there were aggravating factors, or if you’ve had prior OUI convictions.
This post will walk you through the suspension timelines for OUI in Maine—from first offenses to felony-level repeat cases. We’ll explain how administrative and court-imposed suspensions work, what influences the duration, and how you may eventually get your license back. No legal jargon—just clear, factual, and helpful information for anyone trying to understand what to expect.
First-Offense OUI in Maine: License Suspension Basics
If you’re arrested for your first OUI offense in Maine, your license can be suspended in two distinct ways:
- Administrative suspension: Issued by the BMV, often begins immediately or shortly after arrest
- Court-ordered suspension: Issued following a conviction in court
For most first-time offenders, the license suspension period is 150 days. This is the standard administrative penalty issued by the BMV. It applies even if you are not convicted in court, and you do not need to be found guilty for it to take effect.
If you are convicted, the court may also order a suspension, which usually runs concurrently with the administrative suspension. The suspension duration does not typically stack for first-time offenses, but that depends on the case specifics.
Additional penalties for a first OUI offense include a fine of at least $500, mandatory participation in a Driver Education and Evaluation Program (DEEP), and installation of an ignition interlock device if you seek early reinstatement after serving part of your suspension.
Second and Third OUI Offenses: Extended Suspension Periods
As with many states, Maine enforces increasingly harsh penalties for repeat OUI offenses, and that includes longer license suspension durations.
For a second offense within 10 years:
- Suspension length: Three years
- Hardship license: Not typically available early
- Reinstatement: Requires completion of DEEP and may include ignition interlock requirements
For a third offense:
- Suspension length: Six years
- Reinstatement conditions: More severe, including longer ignition interlock usage and higher fines
These suspensions are non-negotiable minimums. Judges do not have discretion to reduce the period. In addition, individuals may be prohibited from operating any vehicle without an ignition interlock for a set period after suspension ends.
Repeat offenses also trigger additional consequences such as higher fines, mandatory jail time, and felony classification if it’s your fourth or subsequent OUI.
Felony OUI and Lifetime Revocation Risk
When a person is charged with a fourth or subsequent OUI, the penalties become significantly more serious, and license revocation may extend far beyond typical suspension periods.
In these felony-level cases:
- Suspension duration: Often 8 years or more, and in some instances, indefinite revocation
- Ignition interlock requirement: May extend for several years post-reinstatement
- License reinstatement process: Involves a petition to the Secretary of State, along with proof of treatment, completion of DEEP, and extended monitoring
While Maine does not enforce lifetime revocation automatically, some individuals with multiple offenses and aggravating factors could lose their license for life, especially if public safety is considered at risk.
Refusal to Test: Longer Suspensions Even Without Conviction
Maine enforces implied consent laws, which means that refusing to take a breath, blood, or urine test when suspected of OUI results in automatic penalties—including longer license suspensions.
Refusal penalties include:
- First refusal: 275-day license suspension
- Second refusal: 18-month license suspension
- Third or more refusals: Four-year license suspension
These are administrative penalties from the BMV and apply independently of the criminal case outcome. Even if you’re acquitted in court, refusing a chemical test leads to suspension.
It’s important to note that a refusal also counts as an aggravating factor, increasing the likelihood of jail time and stricter sentencing.
Early Reinstatement and Ignition Interlock Requirements
Maine allows some individuals to apply for early reinstatement of their driving privileges under strict conditions. This generally includes the installation and use of an ignition interlock device (IID).
For first-time offenders:
- You may be eligible for reinstatement after serving 30 days of the 150-day suspension
- Must install an IID for the remaining 120 days
For second and third offenses, the eligibility window for early reinstatement is longer, and IID installation is often required for a minimum of 2 to 3 years. There are no shortcuts—individuals must complete all required programs and remain in full compliance.
The DEEP course is mandatory in nearly all cases before reinstatement is granted. The state strictly monitors compliance, and violations can result in additional suspension or denial of reinstatement.
Driving Restrictions After Suspension Ends
Even after a license is reinstated, Maine places driving restrictions on individuals with OUI histories. These may include:
- Ignition interlock usage
- Driving only to work, school, or treatment programs
- Zero-tolerance for any measurable alcohol in the system while driving
- Probationary license status, especially for younger drivers
If you’re under 21, any detectable alcohol level can trigger a new suspension. Maine enforces a zero-tolerance rule for minors, and administrative actions can be swift and severe.
Drivers who violate the terms of their reinstated license—such as tampering with an ignition interlock device—may face immediate re-suspension and further penalties.
FAQ: OUI License Suspension in Maine
How long is the license suspension for a first OUI in Maine?
The standard suspension is 150 days for first-time offenders, though aggravating factors or refusal to test can increase this duration.
Does the court and BMV both suspend your license?
Yes. Maine operates under a dual-track system—one administrative (BMV) and one judicial (court). Suspensions may run concurrently.
Can I drive sooner with an ignition interlock device?
Yes. For first offenses, you may be eligible for early reinstatement after 30 days, with mandatory IID usage for the rest of the suspension term.
What if I refuse to take a chemical test?
Refusing a test results in a 275-day license suspension for a first offense, regardless of the criminal case’s outcome.
Is license suspension longer for repeat OUI offenses?
Absolutely. A second offense leads to a 3-year suspension, a third to 6 years, and a fourth or more may involve 8+ years or permanent revocation.
Conclusion
In Maine, an OUI charge carries significant license-related consequences—even before a court date. Suspension lengths vary based on prior offenses, test refusal, and other aggravating factors. While first-time offenders face a 150-day suspension, repeat offenders and those who refuse testing encounter much longer penalties—and often face ignition interlock mandates and driving restrictions long after suspension ends.
To understand the broader framework of criminal and administrative penalties, visit our guide on DUI penalties and consequences. For more detail about license-related issues after an arrest, check out our focused guide on license suspension and driving restrictions after a DUI.