Upon arrest for OUI in the state of Maine, two cases will be initiated against the accused offender. A criminal case through the criminal court system will be filed by the State, and a civil administrative case will be initiated through the Secretary of State. The information contained in this section applies to the civil administrative process. For more information on the criminal process, click on the Maine Process tab.

IMPLIED CONSENT - If a police officer has probable cause to believe a person has operated a motor vehicle while under the influence of intoxicants, the person must submit to and complete a test to determine blood-alcohol level and drug concentration by analysis of blood, breath or urine. The person being requested to submit to chemical testing must be told that the refusal or failure to submit will result in the suspension of that person's driver's license for a period up to 6 years; be admissible in evidence at a trial for operating under the influence of intoxicants; and be considered an aggravating factor at sentencing if the person is convicted of operating under the influence of intoxicants that, in addition to other penalties, will subject the person to a mandatory minimum period of incarceration.

CHEMICAL TEST REFUSAL - Any person who fails to submit to a complete a test will have their license immediately suspended by the Secretary of State for in accordance with the penalties listed below.

CHEMICAL TEST "FAILURE" - The Secretary of State will immediately suspend a license of a person determined to have operated a motor vehicle with a BAC of .08 or higher. If the person requests in writing a hearing to contest the license suspension, then the suspension will be stayed until a hearing is held and a decision is issued. Failure to timely request a hearing will result in the automatic suspension of the person's privilege to drive in accordance with the penalties listed below. The penalties for a chemical test "failure" are the same as those for OUI convictions.

ADMINISTRATIVE LICENSE PENALTIES

FIRST OUI CONVICTION- 90 day license suspension

FIRST OFFENSE REFUSAL - 275 day license suspension

SECOND OUI CONVICTION WITHIN 10 YEARS - 18 month license suspension

SECOND OFFENSE REFUSAL - 18 month license suspension

THIRD OUI CONVICTION WITHIN 10 YEARS - 4 year license suspension

THIRD OFFENSE REFUSAL - 4 year license suspension

FOURTH OR SUBSQUENT OUI CONVICTION - 6 year license suspension
FOURTH OFFENSE REFUSAL - 6 year license suspension

**Any suspension imposed by the Secretary of State as a result of a criminal OUI conviction will be consecutive to any suspension imposed for failure to submit to chemical testing

**Unless a court orders an additional period of license suspension of 275 days, the Secretary of State will impose an additional suspension period of 275 days for any failure to submit to a chemical test or for OUI if the person was operating the motor vehicle at the time of the offense with a passenger under 21 years of age.

**If a person's license is also suspended for an OUI conviction arising out of the same occurrence, the period of time the license has been suspended prior to the conviction must be deducted from the period of time of a court-imposed suspension.

ADMINSTRATIVE REVIEW HEARING

A law enforcement officer who has probable cause to believe a person has violated the terms of a conditional driver's license, commercial driver's license or provisional license or committed an OUI offense will notify the Secretary of State by sending a detailed report of the incident giving rise to the suspension. The report must be submitted to the Secretary of State within 72 hours of the offense, excluding Saturdays, Sundays and holidays. If the report is not sent within this time period, the Secretary of State will impose the suspension unless the delay has prejudiced the person's ability to prepare or participate in the hearing. The Secretary of State will make a determination on the basis of the information required in the report. The determination will be final unless a hearing is requested and held. If a hearing is held, the Secretary of State will review the matter and make a final determination on the basis of evidence received at the hearing.

Upon determining that a person is subject to license suspension or revocation, the Secretary of State will immediately notify the person, in writing, of the license suspension or revocation. The notice will clearly state the reason and statutory grounds for the suspension or revocation; the effective date of the suspension or revocation; if the suspension or revocation is imposed by an authority other than a court, the right of the person to request a hearing and the procedure for requesting a hearing; and if the suspension or revocation is based on a report under section 2481, that a copy of the report of the law enforcement officer and any blood-alcohol test certificate will be provided to the person upon request to the Secretary of State. The notice will be deemed received 3 days after mailing, unless returned by postal authorities. A suspension or revocation will go into effect on the date specified by the Secretary of State on the notice, which may not be less than 10 days after the mailing of the notification of suspension by the Secretary of State.

A person may make a written request for a hearing to review the determination of the Secretary of State. The request must be made within 10 days from the effective date of the suspension. The Secretary of State will conduct a hearing and issue a decision within 30 days of receipt of a written request for hearing. If a request is made after the 10-day period and the Secretary of State finds that the person was unable to make a timely request due to lack of actual notice of the suspension or due to factors of physical incapacity, then the Secretary of State will waive the period of limitation, reopen the matter and grant the hearing request, except a stay may not be granted.

In refusal cases, the scope of the hearing must include a determination of whether there was probable cause to believe the person operated a motor vehicle while under the influence of intoxicants; whether the person was informed of the consequences of failing to submit to a test; and whether the person failed to submit to a test. If the hearing officer determines that the person would not have failed to submit to chemical testing but for the failure of the police to give implied consent warnings, then the person's suspension must be invalidated and their driving privileges fully restored.

In cases involving an alleged chemical test "failure", the scope of the hearing must include the determination of whether the person operated a motor vehicle with an excessive blood-alcohol level; and whether there was probable cause to believe that the person was operating a motor vehicle with an excessive blood-alcohol level.

After the hearing, the Secretary of State may rescind, continue, modify or extend the suspension of a license. When a suspension is upheld by the Secretary of State, the person's license must be surrendered. If, however, it is determined after hearing that there was not the requisite probable cause for the required elements of the offense, the Secretary of State must immediately remove the suspension and delete any record of the suspension and the offense from the record.

Any person whose license is suspended or other party may, within 30 days after receipt of the decision, appeal to the Superior Court for review. If the court rescinds the suspension, it will also order the Secretary of State to delete any record of the suspension. If a person appeals an OUI conviction or administrative determination, the suspension remains in effect during the appeal, unless the court orders otherwise or the Secretary of State restores the license.