Drivers Hardship License Law – General – Maine

1. Does the agency (motor vehicle/DOT) law provide for hardship licenses?

Title 29-A §2505 provides for a special restricted license for participation in education and treatment programs for the purpose of allowing that person to participate in an alcohol and drug program or other treatment program.

Title 29-A § 2503 allows for a work restricted license for first-time OUI offenders.

2. Is an agency hearing required before a hardship license is issued?

No hearing is required, but a person must petition for a work restricted license under Title 29-A § 2503.

3. Do prior offenses prevent me from obtaining a hardship license?

Title 29-A § 2503 requires no prior OUI suspensions in the past 10 years.

4. What are the requirements for getting a hardship license?

§2503. allows a work-restricted license to be granted to a  person under suspension pursuant to section 2453 (OUI) or section 2472 (OUI under age 21) upon a showing by clear and convincing evidence that:

A. A license is necessary to operate a motor vehicle:

(1) Between the residence and a place of employment or in the scope of employment, or both; or
(2) Between the residence and an educational facility attended by the petitioner if the suspension is under section 2472, subsection 3, paragraph B for a first offense;

B. No alternative means of transportation is available; and
C. The petitioner has not, within 10 years, been under suspension for an OUI offense or pursuant to section 2453

5. Can minors receive limited driving privileges?

A minor who has reached 15 years of age and who has successfully completed a driver education course may be issued a special restricted license based on educational or employment need.

An application for educational needs must include:

(1) A signed notarized statement from the applicant and the applicant’s parent or guardian that:

(a) No readily available alternative means of transportation exists; and
(b) Use of a motor vehicle is necessary for transportation to and from a public secondary school, a private secondary school approved for attendance purposes by the Commissioner of Education or an applied technology center or region that the applicant is attending;

(2) A verification of school attendance; and

(3) A statement by the principal of the school of the lack of a readily available alternative means of transportation.

An application for employment needs must include:

(1) A signed, notarized statement from the applicant and the applicant’s parent or guardian that:

(a) No readily available alternative means of transportation exists; and
(b) Use of a motor vehicle is necessary for transportation to, from or in connection with employment of the applicant;

(2) A verification of employment by the employer.