An Act To Amend the QUI Laws Regarding the Use of Immunoassays
Maine Legislature, Session 123, LD 1078
Committee: Criminal Justice and Public Safety
Sponsors: CLEARY, MARTIN, EATON, TARDY, SHERMAN
Amends: 29-A MRSA §2431

Legislative Document 
No.107S 
H.P.796 
House of Representatives, March 6, 2007 
An Act To Amend the QUI Laws Regarding the Use of 
Immunoassays 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative CLEARY of Houlton. 
Cosponsored by Senator MARTIN of Aroostook and 
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/J1.7J?dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: EATON of Sullivan, TARDY of Newport, Senator: SHERMAN of 
Aroostook. 
Primed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRSA §2431, as amended by PL 2005, c. 606, Pt. B, §5, is fUl1her 
amended to read: 
§2431. Evidentiary rules 
1. Test results. Test results showing drug eOAeeAtratioAS urine-drug level or blood-
drug level or blood-alcohol level at the time alleged are admissible in evidence. Failure 
to comply with the provisions of sections 2521 and 2523 may not, by itself, result in the 
exclusion of evidence of blood-alcohol level or dT\:lg eOAeeAtratioA urine-drug level or 
blood-drug level, unless the evidence is determined to be not sufficiently reliable. 
2. Analysis of blood, breath and urine. The following provisions apply to the 
analysis of blood, breath and urine, and the use of that analysis as evidence. 
A. 
A person certified in accordance with section 2524 conducting a chemical 
analysis of blood, breath or urine to determine blood-alcohol level or drug 
concentration may issue a certificate stating the results of the analysis. 
A-I. A person certified in accordance with section 2524 performing an approved 
immunoassay detection test for urine-drug level may issue a certificate stating the 
results of the test. 
B. 
A person qualified to operate a self-contained, breath-alcohol testing apparatus 
may issue a certificate stating the results of the analysis. 
C. 
A certificate issued in accordance with paragraph A, A-lor B, when duly signed 
and sworn, is prima facie evidence that: 
(I) The person taking the specimen was authorized to do so; 
(2) Equipment, chemicals and other materials used in the taking of the specimen 
were of a quality appropriate for the purpose of producing reliable test results; 
(3) 
Equipment, chemicals or materials required to be approved by the 
Department of Health and Human Services were in fact approved; 
(4) The sample tested was in fact the same sample taken from the defendant; and 
(5) The blood-alcohol level or drug concentration in the blood of the defendant 
at the time the sample was taken was as stated in the certificate. 
D. 
With 10 days written notice to the prosecution, the tiefendant may request that a 
qualified witness testifY to the matters of which the certificate constitutes prima facie 
evidence. The notice must specifY those matters concerning which the defendant 
requests testimony. The certificate is not prima facie evidence of those matters. 
E. 
A person drawing a specimen of blood may issue a certificate that states that the 
person is in fact duly licensed or certified and that the proper procedure for drawing a 
specimen of blood was followed. That certificate, when signed and sworn to by the 
person, is prima facie evidence of its contents unless, with 10 days' written notice to 
the prosecution, the defendant requests that the person testifY. 
• 
I I 
" 
F. 
Evidence that the breath or urine sample was in a sealed carton bearing 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. 
G. 
The results of a self-contained breath-alcohol apparatus test is prima facie 
evidence of blood-alcohol level. 
H. 
Evidence that the self-contained breath-alcohol testing equipment bearing 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. 
I. 
Evidence that materials used in operating or checking the operation of the 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. 
J. 
Transfer of sample specimens to and from a laboratory for purposes of analysis 
by certified or registered mail complies with all requirements regarding the continuity 
of custody of physical evidence. 
K. 
The prosecution is not required to produce expert testimony regarding the 
functioning of self-contained breath-alcohol testing apparatus before test results are 
admissible, if sufficient evidence is offered to satisfy paragraphs H and I. 
L. Evidence that materials used in the collection and performance of an approved 
immunoassay detection test of urine were provided by the Department of Health and 
Human Services is prima facie evidence that the materials were of the composition 
and quality stated by the manufacturer and are of a quality appropriate for the 
purpose of producing reliable test results. 
M. A photograph, digital image or photocopy of an approved immunoassay detection 
test clearly showing the results of the test is prima facie evidence ofthe results. 
N. The results of an approved immunoassay detection test are prima facie evidence 
of urine-drug level. 
O. The defendant and the prosecution are not required to produce expert testimony 
regarding the functioning of an approved immunoassay detection test before test 
results are admissible, if sufficient evidence is offered to show that the test kit was an 
approved test kit provided by the Department of Health and Human Services. 
3. Failure as evidence. Failure of a person to submit to a chemical test is admissible 
in evidence on the issue of whether that person was under the influence of intoxicants. 
If the law enforcement officer fails to give the required warnings, the failure of the person 
to submit to a chemical test is not admissible, except when a test was required under 
section 2522. 
If a failure to submit to a chemical test is not admitted into evidence, the court may 
inform the jury that no test result is available. 
If a test result is not available for a reason other than failing to submit to a chemical test, 
the unavailability and the reason ts are admissible in evidence. 
4. Statements by accused. A statement by a person as to name or date of birth, or 
the name or date of birth contained on a driver's license surrendered by that person, is 
admissible in a proceeding under this Title. 
A statement of the person's name or date of birth constitutes sufficient proof by itself, 
without further proof of corpus delicti. 
A statement by a defendant that the defendant was the operator of a motor vehicle is 
admissible in a proceeding under section 2411, section 2412-A, former section 2557, 
section 2557-A or section 2558, if it is made voluntarily and is otherwise admissible 
under the United States Constitution or the Constitution of Maine. The statement may 
constitute sufficient proof by itself, without further proof of corpus delicti, that the motor 
vehicle was operated by the defendant. 
SUMMARY 
This bill amends the motor vehicle laws concerning the evidentiary rules that govern 
immunoassay detection tests for drug levels of a driver.