An Act To Impose More Stringent Penalties for Driving after Drinking
Maine Legislature, Session 122, LD 1166
Committee: Criminal Justice and Public Safety
Sponsors: DUPREY, SNOWE-MELLO, CEBRA, GREELEY, ROBINSON
Amends: 29-A MRSA §2411, 29-A MRSA §2431

Legislative Document 
No. 1166 
H.P.809 
House of Representatives, March 8, 2005 
An Act To Impose More Stringent Penalties for Driving after 
Drinking 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
!7l~ 
/J7.1lltU~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative DUPREY of Hampden. 
Cosponsored by Senator SNOWE-MELLO of Androscoggin and 
Representatives: CEBRA of Naples, GREELEY of Levant, ROBINSON of Raymond. 
Printed on recyc led paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRSA §2411, sub-§l-A, 1fA, as enacted by PL 2003, 
c. 452, Pt. Q, §78 and affected by Pt. X, §2, is amended to read: 
I-A. 
Offense. 
A person commits OUI if that person: 
A. 
Operates a motor vehicle: 
(1) 
While under the influence of intoxicants; or 
(2) 
While having a blood-alcohol level of 0.08°-0 9F 
m9Fe to 0.199%; 
Sec. 2. 29-A MRSA §2411, sub-§§l-B and l-e are enacted to read: 
I-B. 
Operating while 
impaired. 
A person 
commits 
the 
offense of operating while impaired if that person operates a 
motor vehicle while having a blood-alcohol level of 0.04°-0 to 
0.0799%. 
Operating while impaired is a Class E crime. 
I-C. 
Operating while 
inebrijLted. 
A person commits 
the 
offense of operating while inebriated if that person operates a 
motor vehicle while having a 
blood-alcohol level of 0.2% or 
more. 
Operating while inebriated is a Class D crime. 
Sec. 3. 29-A MRSA §2411. sub-§5, as amended by PL 2003, c. 
673, Pt. TT, §4 and c. 689, Pt. B, §6, is further amended to read: 
5. 
Penalties. 
Except as otherwise provided, violation of 
this section is a Class 
D crime, which is a strict liability 
crime as defined in Title 17-A, section 34, subsection 4-A. 
The 
following minimum penalties apply and may not be suspended: 
A. 
For a person having no previous OUI offenses wi thin a 
10-year period: 
(1) -A-
Notwithstanding the provisions of Title 17-A, 
chapter 53, a fine of not less than $9QQ ... -~--t,.Aat, 
i~-~he-pe~6eR-~a~~eB-~~~~-~~~~~r~-~i~-e~-B9t 
less-thaB-$eQQ $1,000 and not more than $2,500; 
(2) 
A court-ordered suspension of a driver's license 
for a period of 9Q 1Q days; and 
(3) 
A period of incarceration as-~e119WS* of not less 
than 72 hours j 
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B. 
For a person having one previous OUI offense within a 
10-year period: 
(1) 
-A.-
Notwi thstanging the prov~s~ons of Title 17 -A, 
chapter 53, a fine of not less than $+99T-~-1;Hat 
i€-~Re-pe~~~~-~~~~~~~~~-~~~-~&~-a~-1;He-Fe~aest 
e€-~~-eB~eFeemeB1;-~~~~€e~7-~-~~&e-e~-~-~-tHaB 
$999 $1,000 and not more than $2,500; 
(2) 
A period of incarceration of not less 
except that if the person failed to submit 
the request of a law enforcement officer, 
incarceration of not less than 12 days; 
than 7 days, 
to a test at 
a period of 
(3) 
A court-ordered suspension of a driver's license 
for a period of 18 months; and 
(4) 
In accordance with section 2416, a court-ordered 
suspension of the person's right to register a motor 
vehicle; 
C. 
For a person having 2 previous OUI offenses within a 
10-year period: 
(1) -A-
Notwithstanding the 
prov~s~ons of Title 17-A, 
chapter 53, a fine of not less than $l,lOOT-eHeept-tHat 
i€-tRe-pe~6~~-~~~~~~~~~~~-~&~-a~-1;He-~e~aes1; 
e€-~-~-eB~e~eemeB1;-~~~~€e~7-~-~~&e-e€-~--~-tRaB 
$±T4QQ and not more than $2,500; 
(2) 
A period of incarceration of not less than 30 
days, except that if the person failed to submit to a 
test at the request of a 
law enforcement officer, 
a 
period of incarceration of not less than 40 days; 
(3) 
A court-ordered suspension of a driver's license 
for a period of 4 years; and 
(4) 
In accordance with section 2416, 
suspension of the person's right to 
vehicle; 
a court-ordered 
register a motor 
D. 
For a 
person having 
or more previous OUI offenses 
within a 10-year period, which is a Class C crime: 
(1) 
A fine of not less than $2,100, except that if the 
person failed to submit to a test at the request of a 
law enforcement officer, a fine of not less than $2,500; 
(2) 
A period of incarceration of not less 
than 
months, except that if the person failed to submit to a 
test at the request of a 
law enforcement officer, 
a 
period of incarceration of not less than 6 months and 
days; 
(3) 
A court-ordered suspension of a driver's license 
for a period of 6 years; and 
(4) 
In accordance wi th section 2416, 
a court-ordered 
suspension of the person's right to register a motor 
vehicle; 
D-l. 
A violation of subsection I-A, paragraph D is a Class 
C crime, which is a strict liability crime as defined in 
Title l7-A, section 34, subsection 4-A. 
The sentence must 
include a period of incarceration of not less than 6 months, 
a 
fine 
of 
not 
less 
than 
$2,100 
and 
a 
court-ordered 
suspension of a driver's license for a period of 6 years. 
These penalties may not be suspended: 
E. 
If 
a 
law enforcement officer failed to provide 
the 
warnings 
required 
by 
section 
2521, 
subsection 
3, 
the 
increase in minimum penalties required because of a refusal 
to submit to a test is not mandatory; 
F. 
For a person sentenced under paragraph B, C 9FL 
D or I, 
the court shall order the defendant to participate in the 
alcohol and other drug program of the Department of Health 
and Human Services, Office of Substance Abuse. 
The court 
may waive the program pursuant to Title 5, section 20073-8, 
if the court finds that the defendant has 
completed an 
alcohol or other drug treatment program subsequent to the 
date of the offense; aae 
G. 
The court shall order an additional period of license 
suspension 
of 
days 
for 
a 
person 
sentenced 
under 
paragraph 
A, 
B, 
C, 
D 
e~L D-l ~ 
if the person was 
operating the motor vehicle at the time of the offense with 
a passenger under 21 years of ageTL 
H. 
For a person convicted of a violation of subsection I-B, 
a 
fine of 
$500 
and 
demerit points on the operator's 
license record; and 
I. 
For a person convicted of a violation of subsection 1-C: 
(1) 
A fine of not less than $2,500; 
( 2 ) 
A period of incarceration of not less than 
months; 
(3) 
A court-ordered suspension of a driver's license 
for a period of 6 months; and 
(4) 
In accordance with section 2416, 
a court-orderM 
suspension of the person's right to register a motor 
vehicle. 
Sec. 4. 29-A MRSA §2431. sub-§2. ~~B and G. as enacted by PL 
1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, are amended to 
read: 
B. 
A person qualified to operate -a- an electronic or other 
self-contained, breath-alcohol testing apparatus may issue a 
J4 
certificate stating the results of the analysis. 
~6 
G. 
The results of -a- an electronic or other self-contained 
breath-alcohol apparatus test is prima facie evidence of 
blood-alcohol level. 
flO 
Sec. 5. 29-A MRSA §2431. sub-§2. ~~H and I. as enacted by PL 
1993, c. 683, Pt. A, §2 and affected by Pt. B, §5 and amended by 
PL 2003, c. 689, Pt. B, §6, are further amended to read: 
',0 
H. 
Evidence that the electronic or other self-contained 
breath-alcohol testing equipment eea~ia~ bore the Department 
of Health and Human Services' 
stamp of approval is prima 
facie 
evidence 
that 
the 
equipment 
was 
approved 
by 
the 
Department of Health and Human Services. 
1. 
Evidence that materials used in operating or checking 
the operation of 
the electronic or other self-contained 
breath-alcohol testing equipment bore a 
statement of the 
manufacturer 
or 
of 
the 
Department 
of 
Health 
and 
Human 
Services is prima facie evidence that the materials were of 
the composition and quality stated. 
Sec. 6. 29-A MRSA §2431~ sub-§2, 11K, as amended by PL 200L c. 
361, §32, is further amended to read: 
K. 
The 
prosecution is 
not 
required 
to 
produce 
expert 
testimony regarding the 
functioning of 
an electronic or 
other self-contained breath-alcohol testing apparatus before 
test results 
are 
admissible, 
if sufficient evidence 
is 
offered to satisfy paragraphs H and I. 
SUMMARY 
This bill amends the OUI laws in the following ways: 
1. 
It creates the offense of operating while impaired: 
operating a motor vehicle with a blood-alcohol level of 0.04% to 
0.0799'1-0; 
2. 
It creates the offense of operating while inebriated: 
operating a motor vehicle with a blood-alcohol level of 0.20% or 
higher; 
3. 
It sets penalties for the offenses 
impaired and operating while inebriated and 
and length of incarceration for OUI; and 
of operating while 
increases the fine 
4. 
It authorizes the use of electronic field sobriety tests 
and allows these tests to be admissible in court.