Saturday, May 3, 2008

I need a work restricted driver license

What do I do?  Well, you are only entitled to a work restricted license IF this is a first offense OUI.  If you've been charged with an OUI refusal you can't get one.  If you have a prior conviction or have been suspended for OUI within the past ten years, you are ineligible for the work restricted license.

If you want to apply for a work restricted license, your boss must sign off on the application.  That means you need to tell your boss you were arrested for OUI.  Hopefully you have a good relationship with your boss.

In addition, the permit is only good for ninety days.  In order to get your driving privileges fully restored, you will need to successfully complete the DEEP (Driver Education and Evaluation Program), pay your reinstatement fees and deal with the criminal charge.

If you get a work restricted permit and later plead guilty to an OUI or are found guilty following a trial, you will still have to serve at least 2/3rds of a 90 day driver suspension imposed by the Court.  Of course you will get credit for any time served on the suspension while waiting for approval on the work restricted permit.

What does all of this mean?  It means you better hire an attorney that understands the law and the administrative minefield waiting to trip you up if you or your attorney aren't careful.  While no attorney can (or ever should) guarantee he/she can make your OUI "disappear", a good attorney must know how to help you with the myriad of problems you will face concerning the suspension of your license.  A good attorney not only knows the law but knows how to evaluate your case, advise you on how to proceed, make the proper motions and can help you navigate the administrative suspension minefield.

William T. Bly, Esq.
Maine OUI Lawyer