29- 250 C.M.R. ch. 8, § 9

Current through 2024-51, December 18, 2024

Section 250-8-9 - Driver eligibility requirements for installation of interlock devices

1.Petition for early license reinstatement. A person convicted of an OUI offense pursuant to 29-A MRSA §2411 and a person whose driver's license was suspended in accordance with 29-A MRSA §2453 may petition the Secretary of State for license reinstatement prior to the expiration of the total period of suspension, if the person:

A. Satisfies all other conditions for license reinstatement;

B. Satisfies the Secretary of State's driver eligibility criteria; and

C. Installs an ignition interlock device approved by the Secretary of State in the vehicle the person operates.

2.First offenders. A first offender's license may be reinstated after serving 30 days of a 150 day suspension if the person installs a device for the full term of the original suspension.

3.Second offenders. The license of a person with two OUI offenses may be reinstated after 9 months of the suspension period has run if the person has installed for a period of 2 years an ignition interlock device approved by the Secretary of State in the motor vehicle the person operates.

4.Third offenders. The license of a person with three OUI offenses may be reinstated after three years of the suspension period has run if a person has installed for a period of three years an ignition interlock device approved by the Secretary of State in the motor vehicle person operates.

5.Fourth and subsequent offenders. The license of a person with four or more OUI offenses may be reinstated after four years of the suspension period has run if the person has installed for a period of four years an ignition interlock device approved by the Secretary of State in a motor vehicle the person operates.

6.Proof of installation. The Bureau of Motor vehicles must be provided proof of installation of an approved device before a person may be issued a restricted driver's license.

7.Persons licensed by another state. A person who has been issued a license restricted to operation of a vehicle equipped with an ignition interlock device by another state, and who is otherwise eligible for the issuance of a Maine driver's license, may be issued a license in accordance with this rule.

8.Driver violations. A person issued a restricted driver's license pursuant to 29-A MRSA §2508 and this rule violates the terms and conditions of the restricted driver's license when the person:

A. Operates a motor vehicle without an ignition interlock device;

B. Requests or solicits another person to blow into or otherwise activate the device for the purpose of providing the restricted driver with an operable motor vehicle;

C. Removes, tampers with, disconnects or disables the device or circumvents the operation of the device;

D. Registers a BAC during a rolling retest;

E. Fails to submit to a retest that results in a permanent lock out condition;

F. Misses a service visit; or

G. Has the device removed from the vehicle by a manufacturer, installer or unauthorized person.

Violation of any of these conditions must result in the immediate suspension of the person's license for the time periods set out in 29-A MRSA §2508(4)(B). Except for removal of a device for financial reasons, a person whose license is suspended pursuant to this section is not entitled to the issuance of any type of license until the suspension period has expired.

29- 250 C.M.R. ch. 8, § 9