An Act To Amend the Operating-under-the-influence Laws
Maine Legislature, Session 126, LD 1590
Committee: Criminal Justice and Public Safety
Sponsors: NUTTING, GERZOFSKY, HOBBINS, WILLETTE, COLLINS, CRAVEN, MAZUREK, VALENTINO
Amends: 29-A MRSA §2451, 29-A MRSA §2486

Legislative Document 
No. 1590 
H.P. 1161 
House of Representatives, December 30, 2013 
An Act To Amend the Operating-under-the-influence Laws 
(EMERGENCY) 
Submitted by the Secretary of State pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 23, 2013.  Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative NUTTING of Oakland. 
Cosponsored by Senator GERZOFSKY of Cumberland and 
Representatives: HOBBINS of Saco, WILLETTE of Mapleton, Senators: COLLINS of York, 
CRAVEN of Androscoggin, MAZUREK of Knox, VALENTINO of York. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, current law regarding penalties for operating under the influence of 
alcohol or other intoxicants is not consistent and may result in different suspension 
periods and reinstatement fees for persons convicted of operating under the influence; and 
Whereas, Public Law 2013, chapter 389 enacted an additional fee for persons 
installing ignition interlock devices; and 
Whereas, the law could be interpreted to impose an additional fee for the 
reinstatement of a license suspended for operating under the influence on a person who 
installs an ignition interlock device; and 
Whereas, it is necessary to clarify the law promptly to ensure all citizens are treated 
equally; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  29-A MRSA §2451, sub-§3, as amended by PL 2009, c. 54, §§1 to 3 and 
affected by c. 415, Pt. C, §§2 and 3, is further amended to read: 
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.  Ninety One hundred fifty days, if the person has one OUI conviction within a 10-
year period; 
B.  Three years, if the person has 2 OUI offenses within a 10-year period; or 
C.  Six years, if the person has 3 or more OUI offenses within a 10-year period.; or 
E.  Eight years, if the person has 4 or more OUI offenses within a 10-year period. 
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 a 
docket entry of judgment of conviction. 
Sec. 2.  29-A MRSA §2486, sub-§1-A, as amended by PL 2013, c. 389, §2, is 
further amended to read: 
1-A.  Reinstatement fee for suspensions for OUI or failure to submit to a test.  
Except as provided in section 2472, subsection 7, before a suspension for OUI or failure 
to submit to a test is terminated and a license or certificate reinstated, a fee of $50 must 
be paid to the Secretary of State.  If a license is reinstated pursuant to section 2508, 
subsection 1, the reinstatement fee is $100. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill amends the laws regarding operating under the influence, or OUI, in the 
following ways: 
1.  It increases the minimum administrative license suspension imposed by the 
Secretary of State to 150 days for a person convicted of OUI once in a 10-year period.  
This length of suspension mirrors the length of suspension imposed by the court for the 
same crime; 
2.  It increases the minimum administrative license suspension imposed by the 
Secretary of State to 8 years for a person convicted of 4 or more OUI offenses within a 
10-year period.  This length of suspension mirrors the length of suspension imposed by 
the court for a person convicted of OUI when that person has been convicted of OUI 3 or 
more times within a 10-year period at the time of sentencing; and 
3.  It clarifies that the license of a person convicted of OUI who installs an ignition 
interlock device may be reinstated by paying a reinstatement fee of $50 and an 
administrative fee of $50.