Thursday, March 12, 2009

Refusing to submit to a test

Every driver in the state of Maine is required to submit to a chemical test of the officer's choosing.  If you refuse to submit to a test, the consequences are dire.  Take for example a very "vanilla" 1st offense OUI.  If the driver submits to a test and he fails, the worst administrative penalty he will face is a 90 day suspension of his driver's license for which he will be immediately eligible to apply for a work restricted license.  Now take that same "vanilla" OUI and change the facts slightly.  Instead of failing the test the driver refuses to submit to a test.  Now that same driver faces a 275 day administrative suspension of his driver's license as well as an additional 90 day suspension if convicted of the OUI in criminal court... and he will not be eligible for a work restricted license.  Big difference in potential penalties.  Think twice before you say no to the officer if you are considering refusing a chemical test.