Driving Without a Valid (or on a Suspended) License in Maine

Maine prohibits driving without a valid license or driving with a suspended license. This article explains what constitutes a violation, the possible penalties, and the exemptions to the license requirement.

Driving Without a License in Maine

Generally, every person who operates a motor vehicle on a Maine public road must carry a valid license while doing so. (Me. Rev. Stat. tit. 29-A, § 1251.)

Penalties for Unlicensed Driving in Maine

Unlicensed driving is a class E crime, carrying a fine of up to $1,000 and a maximum of six months in jail. Driving without a license includes driving without ever having been issued a license, driving in violation of license restrictions, and failing to obtain an in-state license after 90 days of residency.

Penalties for Driving on an Expired License in Maine

Licensees with an expired license and new residents (who have been in-state for 30 to 90 days) with only an out-of-state license can be cited for an infraction. A traffic infraction in Maine can be penalized by a fine of $25 to $500 and/or license suspension.

Exceptions to Maine's Driver's License Requirement

Non-resident drivers with valid driver's licenses from their home state can drive in Maine without an in-state license, subject to Maine age restrictions for up to 30 days. Military personnel with active licenses are also exempt. Drivers who are operating a vehicle in a parking area under the supervision of a driver's education instructor are not required to have a driver's license.

Driving While Suspended or Revoked in Maine

A person who operates a vehicle while on a suspended or revoked license is subject to varying penalties including jail, fines, and extended license suspension. (Me. Rev. Stat. tit. 29-A, § 2412-A.)

Penalties for Driving While Suspended or Revoked in Maine

Generally, driving while suspended or revoked is a class E crime. A first offense carries a fine of $250 to $1,000 and up to six months in jail. Any subsequent offense in a ten-year period will result in a $500 to $1,000 fine and up to six months jail.

Penalties for Driving While Suspended for OUI in Maine

A violator whose license was suspended due to an impaired driving incident is guilty of a class E crime. The penalty for a conviction depends on the number of prior offenses the defendant has within the last ten years:

• No priors: seven days jail, minimum $600 fine, and one- to three-year license suspension.
• One prior: 30 days jail, minimum $1,000 fine, and one- to three-year license suspension.
• Two priors: 60 days jail, minimum $2,000 fine, and one- to three-year license suspension.
• Three priors: six months jail, minimum $3,000 fine, and one- to three-year license suspension.

The secretary of state may also require two years with an ignition interlock device prior to license reinstatement.

Penalties for Driving While Suspended for Failure to Pay Fines in Maine

A driver whose license was suspended for failure to pay fines, pay reinstatement fees, or for a dishonored check can be cited for a traffic infraction, punishable by $25 to $500 in fines and license suspension.

Maine's Habitual Violator Law

A driver with three or more OUI, driving without a license, or driving while suspended convictions within five years is considered a habitual violator. Habitual violators are subject to immediate three-year license revocation and increased jail time for any subsequent offenses.

Talk to a Maine Defense Attorney

The penalties for driving without a valid license in Maine can be serious. If you're facing this type of charge, you should get legal assistance. A qualified defense attorney can educate you on the law and help you decide how to handle your situation.