In fact, you only have 10 days from the date of suspension to act in order to stop the suspension of your license. Failure to request a BMV hearing will result in the suspension of your license for the time period indicated on the notice of suspension.
Your ability to drive is very important. Most people rely on their cars to get to work, school, health appointments and to run everyday tasks. Many people in Maine live in an area without adequate public transportation and are not very pedestrian-friendly.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
Table of Contents
This can make it impossible to get to school or work without depending on someone else for your ride. Even if the circumstances surrounding your OUI charge are flimsy and you believe your charges will be dropped, you are still eligible for immediate license suspension from the DMV.
What is the purpose of an OUI Hearing with the BMV?
The purpose of this hearing is to determine whether there was probable cause to believe you were operating a motor vehicle under the influence of alcohol and whether or not you had a BAC of .08% or higher.
In order to suspend your driver’s license or driving privileges, the State must meet the bare minimum due process standards, which is the purpose of holding a hearing.
Limited Time Period
There is a limited amount of time in which to file a request for this hearing, and if you do not follow the rules, the window of opportunity will close. In Maine, like many other states, a ten-day time period applies and begins to run from the date of your suspension.
If you miss the window and fail to apply for a hearing, you will be barred from requesting a hearing at a later time. If you file a timely request for a hearing, the suspension will be “stayed” until the hearing date.
If the suspension is for a refusal to submit to a chemical test (breath, blood, or urine), the suspension will not be stayed and you will remain under suspension unless your attorney prevails at the hearing.
Conditional Licenses
Being granted a conditional driver’s license comes with special regulations that must be strictly adhered to. The purpose of the license is for work only. That means you may not drive your car to pick your kids up from school, to do grocery shopping, take a sick family member to the doctor, or any of the other many things normal people need to do during the course of the day.
Breaking the rules almost always results in the immediate revocation of the conditional driving privileges, as well as additional penalties. Most people apply for the conditional license in order to keep a job, so it is extremely important to follow all the rules of the road during this time.
It is important to remember that if you apply for a work restricted license after suspension by the BMV, any time spent on the work restricted license will NOT be applied to suspension time imposed by the court if convicted of the criminal OUI charge.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
Administrative OUI License Suspension Laws in Maine
When a person is charged with OUI, they’re actually facing two different charges. The first is the criminal case for driving while impaired. The second is a BMV suspension. You only have 10 days to request a BMV hearing following the date of suspension as noted.
There are only two things that you are allowed to argue during your administrative hearing. Both of them can collaterally impact the outcome on the criminal OUI charge. The arguments you make during this hearing as well as the results are relevant to your criminal OUI charge. However, they are not dispositive on the criminal OUI outcome. For example, you can be successful in your administrative hearing and get your license returned and still be found guilty of OUI in your criminal hearing.
The two points that you are allowed to argue in your hearing are as follows:
No Probable Cause
In an administrative hearing, the only Constitutional issue that is relevant to the hearing is the probable cause issue. That means that the hearing’s administrative officer can look at everything in the case, from the time the officer first spotted your car on the road, all the way until he placed you under arrest, as well as everything in between, to determine if probable cause exists.
Probable cause is less than preponderance of the evidence and is an extremely low hurdle for the State to overcome.
Not Over the Limit
To be charged with OUI in Maine, drivers over 21 must have a BrAC of .08% or over and drivers under 21 can be charged for any BrAC over .00%. Another defense in an administrative trial is arguing that you were not over the legal limit at the time of driving. Normally, you attack the accuracy of the results by attacking the sobriety test results and challenging the accuracy of the results themselves.
With that said, if you have a high BrAC and no scientific explanation for said BrAC, the challenge to the validity of the BrAC test usually fails. Another area of the BrAC test that is ripe for attack concerns is the administration of the test itself.
If the officer deviates from the standard testing protocols, that could be grounds for a dismissal of the BMV suspension. If your arrest was for drug intoxication, there is currently no legal limit, so any presence of drugs can be grounds for a criminal charge.
You can, however, still argue that there was no probable cause to believe you were operating under the influence.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
BMV OUI license penalties in Maine
If you do not request a hearing within the given time frame or you are not successful in pleading your case, your administrative license suspension will remain in effect. The suspension is in addition to any other suspension periods that you may be subject to if you are convicted of OUI.
The administrative suspension periods for OUI offenses are as follows:
- First-time OUI offense in a ten-year period – 150 days of license suspension
- Second-time OUI offense in a ten-year period – 3 years of license suspension
- Third-time OUI offense in a ten-year period – 6 years of license suspension
- Fourth-time OUI offense in a ten-year period – 8 years of license suspension
You will also face an additional 275 day administrative license suspension if either of the following apply to your arrest:
- You refused a State-administered chemical sobriety test
- There was a passenger in your vehicle at the time of your arrest that was under the age of 21
There are several special licenses that a driver can get if they lose their license to administrative suspension. They include:
- Conditional License
- Work Restricted License
- Conditional or restricted license upon completion of alcohol and drug program
- Special restricted license for participation in education and treatment programs
- Special restricted license with installation of an Ignition Interlock Device
Contact an OUI Administrative License Suspension Attorney Today
There are many things that a Maine OUI lawyer can do for you to protect your license and your rights. Whether we can prevent license suspension, get you a limited driving permit, or get the OUI charges dropped altogether, we will work hard to do everything we can for your case.
Attorney William Bly and his team of attorneys have a vast knowledge of the Maine OUI process, defenses and OUI law.
If you are facing OUI charges and are worried about license suspension, call our firm right now to find out about your rights. Your best chance at obtaining the results you need lies in retaining a professional whose chosen background lies with OUI defense.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
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