Code of Maine Rules
29 - DEPARTMENT OF THE SECRETARY OF STATE
250 - BUREAU OF MOTOR VEHICLES
Bureau of Motor Vehicles
Chapter 8 - RULES FOR IGNITION INTERLOCK DEVICES
Section 250-8-9 - Driver eligibility requirements for installation of interlock devices

Current through 2024-38, September 18, 2024

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.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.