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Administrative Review Hearing in Maine

The State of Maine allows individuals to request an administrative hearing after they are arrested for operating a vehicle under the influence. An administrative hearing must be requested and addressed the existence of the two elements for an operating a vehicle under the influence. The administrative hearing must be scheduled by the offender. The State of Maine does not require a hearing for individuals arrested for operating a vehicle. However, an individual may request the hearing before a preliminary arraignment or trial.

The State of Maine uses a hearing to determine whether an individual possessed an elevated blood alcohol level and whether the officer has probable cause to test the individual. Typically, hearings occur to address the two questions before a formal trial occurs. A negative answer to either question will usually dismiss an operating under the influence charge. Therefore, the absence of either element will usually result in acquitting an individual of operating a vehicle under the influence. Thus, the hearing will acquit an individual quickly without a trial. However, the individual arrested for the offense must schedule the hearing within adequate time.

Any individual arrested for operating a vehicle under the influence seeking to expunge the offense waives an administrative hearing as well as a preliminary arraignment. An individual waives an administrative hearing because the individual accepts a punishment for the crime and receives an expunge offense.

Therefore, an administrative hearing addresses the existence of probable cause and an individual alcohol limit. The absence of probable cause or an individual below the legal limit will eliminate an operating a vehicle under the influence offense. An offender must request the hearing. Finally, an individual seeking to expunge the offense will waive his or her right to the administrative hearing.


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