Page last updated:
Habitual Offender License Revocation Laws in Maine
You probably know that if the Maine Bureau of Motor Vehicles (BMV) sends you a notice that says you’re classified as a Maine Habitual Offender, it’s not good news — but what does it mean exactly?
Is there any way that you can continue to drive legally?
Can you get your license back?
This article explains the habitual offender revocation law in Maine so that if you find yourself in this difficult position, you don’t make a bad situation worse.
Table of Contents
What Is Habitual Offender Status in Maine
Under Maine law, you may be classified as a habitual offender if you are convicted of three or more motor vehicle-related crimes or ten or more moving violations within a five-year period. Once designated, your driver’s license is revoked by the court, resulting in a long-term loss of driving privileges.
Most traffic-related offenses can count toward habitual offender status, including common violations such as speeding or running a red light. This designation carries serious consequences and significantly limits your ability to legally drive in Maine.
Can You Get Your License Back After Habitual Offender Status?
A habitual offender revocation in Maine typically lasts three years. However, after serving at least 18 months, you may be eligible to seek reinstatement by petitioning the Secretary of State for a hearing.
At that hearing, you must demonstrate why your license should be restored and that you are safe to return to the road.
What is Operating After Habitual Offender Revocation in Maine?
Operating After Habitual Offender Revocation in Maine is a criminal charge that applies when someone drives after their license has been revoked due to habitual offender status. It is a strict liability offense and carries mandatory penalties, including fines and jail time, even for a first offense.
Operating After Habitual Offender Revocation in Maine is a serious criminal offense. In Maine, a person may be classified as a habitual offender after accumulating three major motor vehicle convictions or ten moving violations within a five-year period. Once that revocation is in place, driving again can lead to a separate criminal charge with mandatory consequences.
To convict someone of Operating After Habitual Offender Revocation, the State generally must prove that the person was operating a motor vehicle on a public way while their license was revoked and that they had notice of the revocation. That notice may come from the Bureau of Motor Vehicles, a police officer, or prior court or BMV proceedings. Because this is a strict liability offense, the prosecution does not have to prove bad intent. If the State can prove the required elements, a person can still be convicted even if they claim they did not mean to break the law.
For this charge, “operating” can mean more than simply driving down the road. Sitting in the driver’s seat and taking steps to put the vehicle in motion may be enough. A “public way” is also broadly defined and can include paved roads, dirt roads, and other publicly maintained roadways capable of vehicle travel.
A first offense for Operating After Habitual Offender Revocation within 10 years is generally charged as a Class D crime in Maine. The penalties are severe and include mandatory minimum punishment.
Penalties for a first offense may include:
- A minimum $500 fine
- A minimum 30 days in jail
- A criminal conviction on your record
- Additional license consequences and further delay in restoring driving privileges
The court cannot suspend or reduce those mandatory minimum penalties below the legal floor. The maximum penalties for a Class D crime can be even higher.
Maximum penalties for a Class D offense may include:
- Up to $2,000 in fines
- Up to 364 days in jail
Repeat charges can bring even harsher consequences, making it even more important to address the case immediately with a focused defense strategy.
Penalties when continuing to drive as a habitual offender in Maine
If you were properly informed that your license has been revoked as a Maine habitual offender, continuing to drive is a criminal offense that will be harshly dealt with.
Continuing to drive while revoked suggests to the court that you don’t obey court orders. Therefore, punishments are unforgiving and involve considerable jail time.
Firstly, as a “strict liability” crime, the State prosecutors do not need to prove any criminal mental state to secure a conviction. This, like with an Operating Under the Influence (OUI) offense, means that even if you made an honest mistake, you can still be convicted.
Secondly, continuing to drive after revocation of your license as a Maine habitual offender will lead to mandatory minimum penalties, the severity of which depends on whether you were convicted for driving while revoked before and your criminal history.
Mandatory minimum sentences for driving as a habitual offender in Maine
There are four classes of mandatory minimum sentences for driving as a habitual offender in Maine, as follows:
-
Class D crime with a mandatory minimum sentence of 30 days in jail and a $500 fine. This applies if the offender has not additionally been convicted of driving while revoked in the past 10 years and has not received an OUI conviction within the past 10 years.
-
Class C crime with a mandatory minimum sentence of six months in jail and a $1,000 fine. This applies if the offender has additionally had one other conviction for driving while revoked or one OUI conviction within the past 10 years.
-
Class C crime with a mandatory minimum sentence of nine months plus a day in jail and a $1,000 fine. This applies if the offender has additionally had two other convictions for driving while revoked or two OUI convictions within the past 10 years.
-
Class C crime with a mandatory minimum sentence of two years in state prison and a $1,000 fine. This applies if the offender has additionally had three or more other convictions for driving while revoked or three or more OUI convictions within the past 10 years.
These mandatory minimum sentences mean that offenders receive no probation, community service or a lesser sentence to offset the minimum period of incarceration. Upon conviction, they must serve the time and pay the fines as prescribed by law. The judge cannot suspend these penalties.
Can I get a work-restricted license in Maine?
A work-restricted license allows you to drive from your home to your place of work and back or within the scope of your employment.
Some offenders may be able to apply for this license 18 months from the date of the license revocation, but it is unavailable for offenders who gained habitual offender status by committing three or more separate motor-vehicle-related crimes.
Note that a work-restricted license can be revoked if you are convicted of a subsequent motor vehicle-related crime, or you violate the terms of the restricted license.
Which offenses count toward habitual offender status?
According to 29-A §2551-A of the Maine Statutes, convictions for the following offenses count towards habitual offender status:
- Homicide resulting from the operation of a motor vehicle
- Operating Under the Influence (OUI)
- Driving to endanger
- Operating after suspension (OAS) or revocation
- Operating without a license
- Operating after revocation, in violation of former section 2557, section 2557-A or section 2558;
- Knowingly making a false affidavit or swearing or affirming falsely in a statement required by this Title or as to information required in the administration of this Title;
- A Class A, B, C or D offense in which a motor vehicle is used;
- Failure to report an accident involving injury or death, in violation of section 2252;
- Failure to report an accident involving property damage, in violation of sections 2253, 2254 or 2255;
- Eluding an officer, in violation of section 2414;
- Passing a roadblock, in violation of section 2414, subsection 4;
- Criminal speeding (speeding 30 miles per hour or more over the speed limit)
- For a person whose license is reinstated with an alcohol ignition interlock device condition, offenses involving tampering with or circumventing the device.
As you can see, most traffic and motor vehicle crimes count towards habitual offender status. Multiple charges from the same incident can only be counted as a single offense, and the following offenses are excluded:
- A conviction for operating without a license if the license was expired, not suspended
- A conviction for operating after suspension if the suspension was for failure to pay child support
- A conviction for operating after suspension if the suspension was for not paying a reinstatement fee
- A traffic infraction (civil violation) for operating after suspension
If you’re concerned that you may become a Maine habitual offender or are facing criminal charges for driving as a habitual offender or OUI, legal representation is important to avoid further serious consequences.
Speak to a Maine Criminal Defense Group lawyer during an initial consultation, and we can advise you of your legal options. Contact The Maine Criminal Defense Group today by giving us a call or contacting us directly online to request a confidential consultation.
Related Articles
On Sunday, October 12, 2025, at approximately 8:49 a.m., Maine State Police responded to an accident at the intersection of Poplar Lane and Washington Junction Road in the town of[...]
An OUI case may be the only time that many people in Maine face the criminal justice process. It can be daunting, stressful, and deeply concerning for anyone who doesn’t[...]
OUI/DUI/DWI cases are often based on the results from approved screening devices, commonly referred to as “breathalyzers”. The question of whether these breath tests are accurate has commonly affected Operating[...]
The Maine Liquor Liability Act (MLLA) provides for the recovery of damages against anyone who negligently or recklessly “serves” alcohol to a minor. However, that might be just the start[...]
A conviction for an OUI/DUI/DWI in Maine is accompanied by serious consequences, including heavy financial repercussions. Understanding the court-imposed fines is one thing, but the financial consequences can extend well[...]
OUI cases in Maine usually start when a law enforcement officer pulls over a vehicle. From that point, many things can happen but if the officer even has a slight[...]
January 11th, 2025, in Skowhegan, Maine, a Maine Department of Transportation plow truck sustained a head-on collision caused by a drunk driver on Route 2, as reported by law enforcement.[...]
The tragic events of a fatal car crash in 2023 that claimed the lives of four young people have finally reached a pivotal legal outcome. Noelle Tavares, a former Maine[...]
In most states, there are many different places that the average person can take a driving course to satisfy court requirements as related to an DUI conviction. However, in the[...]
Defending against your 2nd OUI offense in Southern Maine Anyone charged with a 2nd OUI in Maine should expect little leniency from the criminal justice system. This makes it even[...]
