Driving after a DUI in Maine: the Work-restricted license

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

The BMV states a hearing for an administrative suspension must be requested within 10 days from the effective date of the suspension; 29-A M.R.S. §2483(1) requires a written request within 10 days from the effective date, and §2453(5) provides that if the Secretary of State receives the written request within 10 days the excessive-alcohol-level suspension is stayed until a hearing is held and a decision issued. The Secretary of State must conduct the hearing and issue a decision within 30 days of receipt of the request. A late request is granted only if the person lacked actual notice or was physically incapacitated, and no stay is granted. A refusal suspension is not stayed by a hearing request (§2483(4-A)). No hearings are granted for a court-ordered suspension. No hearing fee or temporary permit period is stated on the fetched pages.

“You may request a hearing for an administrative suspension. The request must be made within 10 days from the effective date of the suspension.”

Who can get it, and how soon

Under 29-A M.R.S. §2503(1), a person under administrative suspension under §2453 (excessive alcohol level), §2453-A or §2472(3)(B) or (C) for a first offense may petition, and the Secretary of State may stay the suspension and issue a work-restricted license if the petitioner shows by clear and convincing evidence that a license is necessary between the residence and a place of employment or in the scope of employment, that no alternative means of transportation is available, and that the petitioner has not within 10 years been under suspension for an OUI offense or under §2453 or §2453-A. A refusal suspension under §2521 is not among the suspensions listed in §2503; the BMV petition applies to Class C non-commercial privileges only.

“from a person under suspension pursuant to section 2453, section 2453‑A or section 2472, subsection 3, paragraph B or C for a first offense, the Secretary of State may stay a suspension during the statutory suspension period and issue a work-restricted license”

29-A M.R.S. §2503 states no waiting period for the work-restricted license: the Secretary of State 'may stay a suspension during the statutory suspension period' on petition. The BMV petition warns that time driven on a work-restricted license does not count as suspension time if the person is convicted of the OUI. For a first refusal (275-day suspension under §2521(6)), the work-restricted license is not available; §2501(3) allows the Secretary of State to issue a restricted license 'if at least 180 days have elapsed since the date of suspension' and the alcohol and drug program is completed. Separately, the BMV and §2508(1)(A-1) state that a first offender's 150-day suspension (administrative under §2453 and the same period on conviction) may be reduced to 30 days by installing an approved ignition interlock device for the remainder of the suspension.

“The Secretary of State may issue a restricted license to a person whose license was suspended for a first failure to submit to a test, if the condition of subsection 1, paragraph B is met and at least 180 days have elapsed since the date of suspension.”

Conditions attached to the privilege

§2503(1) requires a petition showing by clear and convincing evidence (A) that a license is necessary between the residence and a place of employment or in the scope of employment, (B) that no alternative means of transportation is available, and (C) no OUI or §2453/§2453-A suspension within 10 years; no interlock condition is listed (the interlock is a separate early-reinstatement option under §2508). The BMV Work-Restricted Driver's License Petition (DI-28) requires the license and reinstatement fee(s) to be submitted before the petition is considered, a separate petition for each employer, proof of self-employment where applicable, employer verification of the work statement, and authorizes the Secretary of State to contact the employer. Under §2503(2)(C) the work-restricted license is suspended if the person has not completed the alcohol and drug program by the end of the statutory s

“***You must submit your license and reinstatement fee(s) prior to consideration of your petition** **This petition will not be considered unless fully completed**”

Where and when it allows driving

Between the residence and a place of employment or in the scope of employment, or both (§2503(1)(A)(1)); travel between the residence and an educational facility is allowed only for suspensions under §2472(3)(B) or (C). The petition records work days and hours and whether driving is part of the job; the Secretary of State may suspend the license without preliminary hearing for any Title 29-A violation during its term or any violation of its restrictions.

“(1) Between the residence and a place of employment or in the scope of employment, or both; or (2) Between the residence and an educational facility attended by the petitioner if the suspension is under section 2472, subsection 3, paragraph B or C for a first offense”

How it is issued

The licensing agency issues the Work-restricted license.

Official page: maine.gov

The statute: 29-A M.R.S. §2503

“The petitioner has not, within 10 years, been under suspension for an OUI offense or pursuant to section 2453 or 2453-A.”