Yes, a reinstated license can be suspended again if you fail an interlock test or tamper with the device

In Maine, if you've had your license reinstated after a suspension and you're required to use an ignition interlock device, violating the interlock rules will trigger a new suspension. This is not a separate penalty — it's the automatic consequence built into Maine's reinstatement conditions. The state treats interlock violations as proof you're still unsafe to drive, which means your license goes back to suspended status.

The most common reason for re-suspension is a failed breath test at the interlock device. If the device detects alcohol above the legal limit when you try to start your car, it logs that failure. Enough failures within a set period will cause Maine's Bureau of Motor Vehicles (BMV) to suspend your license again without a hearing. Tampering with the device, bypassing it, or driving a vehicle without it installed also triggers when ready re-suspension.

Key Takeaways

  • A reinstated Maine license can be suspended again if you fail an interlock breath test or accumulate too many violations in a short time period.
  • Tampering with, removing, or bypassing the interlock device results in automatic re-suspension and may lead to criminal charges.
  • Driving a vehicle without the required interlock device installed is treated as a violation and will suspend your license again.
  • The Maine BMV does not always hold a hearing before re-suspending for interlock violations — the device data is the evidence.
  • Re-suspension after an interlock violation typically requires you to restart the reinstatement process from the beginning.

How Maine's Interlock Requirement Works After Reinstatement

When Maine reinstates your license after a DUI suspension, the BMV issues your reinstatement with conditions. One of those conditions is usually an interlock device installed in any vehicle you own or regularly drive. The device measures your breath alcohol level every time you start the car and at random intervals while you're driving.

The interlock is not optional — it's a legal requirement tied to your reinstatement. You pay for installation and monthly monitoring yourself, typically $60 to $150 per month depending on the provider. But the cost is separate from the legal obligation. If you remove the device, disable it, or drive without it, you're violating the terms of your reinstatement.

Maine's BMV monitors interlock data electronically. The device sends reports to the state showing every test result, every failure, and every time someone tried to start the vehicle. This data is reviewed regularly, and violations are flagged automatically.

What Counts as an Interlock Violation in Maine

An interlock violation in Maine includes:

  • A failed breath test (alcohol detected above the legal limit when starting the vehicle)
  • Multiple failed tests within a rolling time period (usually 12 months)
  • A missed rolling retest while driving
  • Tampering with, disabling, or removing the device
  • Driving a vehicle without the interlock installed when one is required
  • Failing to keep the device serviced or maintained
  • Attempting to have someone else blow into the device to start the car

The threshold for re-suspension varies. A single failed test does not automatically suspend your license, but the BMV tracks the pattern. If you accumulate multiple violations in a short period, or if you tamper with the device, re-suspension happens quickly — sometimes within days of the BMV receiving the report.

How Re-Suspension Happens and What You'll Receive

When the Maine BMV detects an interlock violation serious enough to warrant re-suspension, they send you a notice by mail. This notice tells you the violation, the effective date of the suspension, and your right to request a hearing. Unlike some other suspensions, interlock violations often come with a brief window to request a hearing — typically 10 to 14 days from the notice date.

If you do not request a hearing, the suspension becomes final on the date stated in the notice. Your license is no longer valid for driving, and you're back in suspended status. You cannot legally drive, even with the interlock device still installed in your car.

If you request a hearing, you'll appear before a BMV hearing officer who reviews the interlock data and your explanation. The device data is usually considered conclusive evidence of the violation. You can argue that the test was faulty or that you have a medical condition that caused a false positive, but you'll need documentation to support that claim.

Restarting the Reinstatement Process After an Interlock Violation

If your reinstated license is suspended again due to an interlock violation, you typically have to start the reinstatement process over. This means paying the reinstatement fee again (currently $250 in Maine for a DUI-related suspension), waiting any required waiting period, and reapplying to the BMV.

The second reinstatement may come with stricter conditions than the first. For example, if you failed the interlock test, the BMV might require a longer interlock period, a substance abuse evaluation, or proof of treatment before they'll reinstate you again. Some repeat violations can also result in a longer suspension period before you're even allowed to reapply.

You'll also need to reinstall the interlock device in your vehicle and keep it there for the full period required by your new reinstatement order. If the device was removed or disabled during the violation, you'll need to have it professionally reinstalled and calibrated before you can drive.

Avoiding Re-Suspension: What You Need to Do

To keep your reinstated license active, you must pass every interlock test. This means not drinking any alcohol before driving, even in small amounts. The interlock is set to detect alcohol at or above Maine's legal driving limit (0.08 percent for drivers 21 and older), but some devices are calibrated more sensitively, and any detectable alcohol can cause a failed test.

Keep the device serviced on schedule. The provider will send you appointment reminders, but it's your responsibility to show up. Missing a service appointment can be logged as a violation. Drive the vehicle regularly so the device can conduct its rolling retests — if you ignore the retest prompts while driving, that's a violation too.

Do not attempt to bypass the device, disable it, or have someone else blow into it. These actions are not just violations of your reinstatement — they can result in criminal charges for tampering with monitoring equipment. If you need the device removed for a legitimate reason (such as selling the vehicle), contact the BMV and your interlock provider first to do it legally.

Your Right to a Hearing and What to Bring

If you receive a re-suspension notice for an interlock violation, you have the right to request a hearing before the suspension becomes final. The notice will include instructions on how to request one, usually by phone or mail to the BMV within the important date.

At the hearing, bring any evidence that supports your case: medical records if you claim a false positive due to a health condition, maintenance records for the device, or documentation of any technical issues. Bring the notice itself and any correspondence from the BMV or the interlock provider. You can bring a witness or an attorney, though an attorney is not required.

The hearing officer will review the interlock data, listen to your explanation, and decide whether the violation stands. If they find the violation is valid, the re-suspension is upheld. If they find an error or accept your explanation, they may dismiss the violation and keep your license active.

Frequently Asked Questions

Can I drive without the interlock device if I'm careful not to drink?

No. Driving without the required interlock device is itself a violation that will suspend your license again, regardless of whether you've been drinking. The device must be installed and functional in any vehicle you own or regularly drive during your reinstatement period.

What happens if the interlock device malfunctions and I fail a test I shouldn't have?

Request a hearing and bring documentation of the malfunction. Contact your interlock provider when ready to report the issue and ask for service records showing the device was faulty. If you can prove the device was not working correctly, the hearing officer may dismiss the violation. However, you'll need evidence from the provider, not just your word.

If I get re-suspended for an interlock violation, how long before I can reapply for reinstatement?

That depends on the severity of the violation and your history. A single failed test may result in a short suspension before you can reapply. Tampering with the device or multiple violations may result in a longer waiting period. The BMV notice will state when you're may be able to access to reapply.

Can I remove the interlock device myself to avoid violations?

No. Removing or disabling the device is a violation that will suspend your license and may result in criminal charges. If you need the device removed, contact the BMV and your interlock provider to do it legally. The only legal reason to remove it is when your reinstatement period ends and the BMV authorizes removal.

Do I have to pay the reinstatement fee again if I'm re-suspended?

Yes. If your license is suspended again after reinstatement, you'll have to pay the reinstatement fee again when you reapply. In Maine, that fee is currently $250 for DUI-related suspensions, though fees can change.