Maine Revised Statutes Title 29-A Sec. 2451 – Suspensions for OUI
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1. Recording and notice by Secretary of State. On receipt of an attested copy of the court record of a suspension of a license for OUI, the Secretary of State shall immediately record the suspension and send written notice of the suspension to the person whose license has been suspended.
[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
Terms Used In Maine Revised Statutes Title 29-A Sec. 2451
- Conviction: A judgement of guilt against a criminal defendant.
- License: includes , but is not limited to, a nonresident operating privilege and the privilege of a person to apply for or obtain a license or permit to operate a motor vehicle. See Maine Revised Statutes Title 29-A Sec. 101
- Motor vehicle: means a self-propelled vehicle not operated exclusively on railroad tracks, but does not include:
A. See Maine Revised Statutes Title 29-A Sec. 101OUI: means operating under the influence of intoxicants or with an excessive alcohol level under section 2411, 2453, 2453?A, 2454, 2456, 2457 or 2472. See Maine Revised Statutes Title 29-A Sec. 2401 OUI offense: means an OUI conviction or suspension for failure to submit to a test. See Maine Revised Statutes Title 29-A Sec. 2401 Person: means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity. See Maine Revised Statutes Title 29-A Sec. 101 test: means a test or tests used to determine alcohol level or the presence of a drug or drug metabolite by analysis of blood, breath or urine. See Maine Revised Statutes Title 29-A Sec. 2401
2. Court failure to suspend.
[PL 1995, c. 368, Pt. AAA, §16 (RP).]
3. Suspension period. Unless a longer period of suspension is otherwise provided by law and imposed by the court, the Secretary of State shall suspend the license of a person convicted of OUI for the following minimum periods:
A. One hundred fifty days, if the person has one OUI conviction within a 10-year period; [PL 2015, c. 329, Pt. A, §17 (RPR).]
B. Three years, if the person has 2 OUI offenses within a 10-year period; [PL 2015, c. 329, Pt. A, §17 (RPR).]
C. Six years, if the person has 3 OUI offenses within a 10-year period; [PL 2017, c. 229, §35 (AMD).]
D. [PL 2009, c. 54, §3 (RP); PL 2009, c. 415, Pt. C, §§2, 3 (AFF).]
E. Eight years, if the person has 4 or more OUI offenses within a 10-year period; or [PL 2017, c. 229, §35 (AMD).]
F. Ten years, if the person has a prior conviction for a Class B or Class C OUI offense pursuant to section 2411, subsection 1?A, paragraph D, subparagraph (2). [PL 2017, c. 229, §35 (NEW).]
For the purposes of this subsection, a conviction or suspension has occurred within a 10-year period if the date of the new conduct is within 10 years of a date of suspension or imposition of sentence. The 10-year limitation does not apply to a prior conviction for a Class B or Class C OUI offense; the conviction may have occurred at any time.
[PL 2017, c. 229, §35 (AMD).]
4. Consecutive suspensions. A suspension under this section is consecutive to a suspension for failure to submit to a test required by this chapter.
[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
5. Additional period of suspension for transporting passengers under 21 years of age. Unless a court orders an additional period of license suspension of 275 days pursuant to section 2411, subsection 5, paragraph G, the Secretary of State shall 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.
[PL 1997, c. 737, §12 (NEW).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §B5 (AFF). PL 1995, c. 65, §§A153,C15 (AFF). PL 1995, c. 65, §B22 (AMD). PL 1995, c. 368, §§AAA16,17 (AMD). PL 1997, c. 737, §12 (AMD). PL 2009, c. 54, §§1-3 (AMD). PL 2009, c. 54, §7 (AFF). PL 2009, c. 415, Pt. C, §§2, 3 (AFF). PL 2013, c. 459, §5 (AMD). PL 2013, c. 604, §4 (AMD). PL 2015, c. 329, Pt. A, §17 (AMD). PL 2017, c. 229, §35 (AMD).