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Should I Submit To Chemical Testing At The Officers Request?

If you refuse to submit to chemical testing, you will receive an administrative suspension (prior to your court date) of at least 275 days. Even if you request an administrative hearing, the suspension will remain in effect until the date of the hearing. If you lose the administrative hearing, you will not be eligible for a work restricted license until 180 days have passed. You will also have to complete counseling in order to receive a work restricted license. In the criminal case, if you are convicted, and if you refuse to be tested, you will receive an additional license suspension of at least 90 days and a minimum jail sentence of four days and a fine. Penalties for multiple offenders are more severe. If you take a test, the administrative suspension will be 90 days at a minimum (first offenders). However, unlike people who refuse testing, you will keep your license until the date of the administrative hearing. Even if you lose that hearing, you are entitled to a work restricted license immediately (processing takes about 10 ­ 14 days). In the criminal case, if you are convicted, and if you took a test. there will be a minimum license suspension of 90 days. You may obtain a restricted license for the last 30 days if you have completed counseling (the degree of counseling varies depending on the test result). You will also receive a fine (minimum $400) and a minimum 48 hour jail sentence if the result is a .15% BAC or higher. These are minimum penalties. People with prior convictions are subject to higher fines, longer suspensions and longer jail sentences as are people whose cases involve other aggravating factors.

Other Maine Drunk Driving Defense FAQs

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Implied Consent Laws

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