An Act To Reduce Drunk Driving II
Maine Legislature, Session 123, LD 0856
Committee Amendment CA_A_S446 (Senate)
Amends: 29-A MRSA §2401, 29-A MRSA §241, 29-A MRSA §2412-A, 29-A MRSA §2486, 29-A MRSA §2508, 29-A MRSA §2551-A

COMMITTEE AMENDMENT "A " to S.P. 266, L.D. 856, Bill, "An Act To 
Reduce Drunk Driving" 
II 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 29-A MRSA §2401, sub-§5-A, as repealed by PL 1999, c. 470, §27, is 
reenacted to read: 
IS 
5-A. Ignition interlock device. 
"Ignition interlock device" means a device that 
connects a breath analyzer to a motor vehicle's ignition system. The analyzer monitors 
the concentration of alcohol in the breath of any person who attempts to start the motor 
vehicle by using the ignition system. The device prevents the vehicle from starting unless 
the person provides a breath sample with a concentration of alcohol that is below a preset 
level. 
Sec. 2. 29-A MRSA §241l, sub-§5, as amended by PL 2005, c. 606, Pt. A, §§2 
to 4, is further amended to read: 
5. 
Penalties. 
Except as otherwise provided in this section and section 2508, 
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 within a I O-year period: 
(I) A fine of not less than $500, except that if the person failed to submit to a 
test, a fine of not less than $600; 
(2) A court-ordered suspension of a driver's license for a period of 90 days; and 
(3) A period of incarceration as follows: 
(a) Not less than 48 hours when the person: 
(i) Was tested as having a blood-alcohol level of 0.15% or more; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 266, L.D. 856 
(ii) Was exceeding the speed limit by 30 miles per hour or more; 
(iii) Eluded or attempted to elude an officer; or 
(iv) Was operating with a passenger under 21 years of age; and 
(b) Not less than 96 hours when the person failed to submit to a test at the 
request of a law enforcement officer; 
B. 
For a person having one previous OUI offense within a 1 O-year period: 
(1) A fine of not less than $700, 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 $900; 
(2) A period of incarceration of not less than 7 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 12 days; 
(3) A court-ordered suspension ofa driver's license for a period of 18 months.l 
years; 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 1 O-year period, which is a 
Class C crime: 
(I) A fine of not less than $1,100, 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 $1,400; 
(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 2. 
years; and 
(4) In accordance with section 2416, a court-ordered suspension of the person's 
right to register a motor vehicle; 
D. 
For a person having 3 or more previous OUI offenses within a 10-year period, 
which is a Class C crime: 
(I) 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 6 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. 20 days; 
(3) A court-ordered suspension ofa driver's license for a period of6 years; aRB 
(4) In accordance with section 2416, a court-ordered suspension of the person's 
right to register a motor vehicle; and 
COMMITTEE AMENDMENT 
I 
II 
IS 
COMMITTEE AMENDMENT "A "to S.P. 266, L.D. 856 
(5) In accordance with section 2508, installation of an ignition interlock device 
in the motor vehicle the person operates for a period of 4 years after the period of 
suspension has run; 
D-I. 
A violation of subsection I-A, paragraph D, subparagraph (1) is a Class C 
crime, which is a strict liability crime as defined in Title 17-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, I 00 and a court-ordered suspension of a driver's license for a 
period of 6 years. These penalties may not be suspended; 
D-2. 
A violation of subsection I-A, paragraph D, subparagraph (I-A) or (2) is a 
Class B crime, which is a strict liability crime as defined in Title 17-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, I 00 and a court-ordered suspension of a driver's 
license for a period of 10 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 or D, 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-B, if the court finds that the defendant has 
completed an alcohol or other drug treatment program subsequent to the date of the 
offense; and 
G. 
The court shall order an additional period of license suspension of275 days for a 
person sentenced under paragraph A, B, C, D, D-I or D-2 if the person was operating 
the motor vehicle at the time of the offense with a passenger under 21 years of age. 
Sec. 3. 29-A MRSA §2412-A, sub-§7 is enacted to read: 
7. Ignition interlock device. As a condition of license reinstatement, the Secretary 
of State, pursuant to section 2508, may require a person subject to the minimum 
mandatory sentencing provisions of subsection 3 to have installed in the motor vehicle 
the person operates for a period of up to 2 years an ignition interlock device approved by 
the Secretary of State. 
Sec. 4. 29-A MRSA §2486, sub-§l, as amended by PL 2001, c. 463, §3 and 
affected by §7, is further amended to read: 
1. Reinstatement fee for suspensions other than for QUI or failure to submit to 
a test. Before a suspension for any reason other than OUI or failure to submit to a test is 
terminated and a license or certificate reinstated, a fee of $35, in addition to the regular 
I icense fee, must be paid to the Secretary of State. 
Sec. 5. 29-A MRSA §2486, sub-§l-A is enacted to read: 
I-A. Reinstatement fee for suspensions for QUI or failure to submit to a test. 
Before a suspension for OUI or failure to submit to a test is terminated and a license or 
certificate reinstated, a fee of $50, in addition to the regular license fee, must be paid to 
the Secretary of State. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A " to S.P. 266, L.D. 856 
Sec. 6. 29-A MRSA §2508 is enacted to read: 
§2508. Ignition interlock device 
1. 
Installation of ignition interlock device. 
Notwithstanding the periods of 
suspension pursuant to section 2411, the Secretary of State may reinstate the license of a 
person convicted of more than one violation of section 2411 if the person satisfies all 
other conditions for license reinstatement and installs an ignition interlock device 
approved by the Secretary of State in the motor vehicle the person operates, under the 
following conditions. 
A. The license of a person with 2 OUI offenses may be reinstated after 9 months of 
the suspension period has run if the person has installed for a period of 2 years an 
II 
ignition interlock device approved by the Secretary of State in the motor vehicle the 
person operates. 
B. The license of a person with 3 ~UI offenses may be reinstated after 3 years of the 
suspension period has run if the person has installed for a period of 3 years an 
ignition interlock device approved by the Secretary of State in the motor vehicle the 
person operates. 
C. The license of a person with 4 or more ~UI offenses may be reinstated after the 
expiration of the period of suspension if the person has installed for a period of 4 
years an ignition interlock device approved by the Secretary of State in the motor 
vehicle the person operates. 
2. Crime; penalty. A person whose license is reinstated pursuant to section 2412-A, 
subsection 7 or this section may not: 
A. Operate a motor vehicle without an ignition interlock device; or 
B. Tamper with, disconnect or disable an ignition interlock device or circumvent the 
operation of an ignition interlock device. 
Violation of this subsection is a Class E crime, which is a strict liability crime as defined 
in Title 17-A, section 34, subsection 4-A. 
The sentence must include a period of 
incarceration of not less than 7 days and a fine of not less than $500. These penalties 
may not be suspended. 
3. Other restrictions; penalty. Other restrictions are set out in this subsection. 
I 
A. A person whose license is reinstated pursuant to section 2412-A, subsection 7 or 
this section may not request or solicit another person to blow into or otherwise 
activate an ignition interlock device for the purpose of providing the person with an 
operable motor vehicle. 
B. A person may not: 
(1) Rent, lease or lend a motor vehicle without an ignition interlock device to 
another person the person knows or should know is restricted to the operation of 
a motor vehicle with an ignition interlock device; 
COMMITTEE AMENDMENT 
I 1 
COMMITTEE AMENDMENT "A "to S.P. 266, L.D. 856 
(2) Blow into or otherwise activate an ignition interlock device for the purpose 
of providing a person restricted to the operation of a motor vehicle with an 
ignition interlock device with an operable motor vehicle; or 
(3) Tamper with or circumvent the operation of an ignition interlock device. 
4. Penalty. Notwithstanding section 1251, a violation of subsection 3 is a traffic 
infraction. The Secretary of State shall suspend the license of any person reinstated 
pursuant to section 2412-A, subsection 7 or this section who is adjudicated of the traffic 
infraction described in this section or whom the Secretary of State determines has 
violated any condition or restriction of license reinstatement. The periods of license 
suspensIOn are: 
A. For a person reinstated pursuant to section 2412-A, subsection 7, one year; and 
B. For a person reinstated pursuant to this section, 2 years if the person has 2 OUI 
offenses, 4 years if the person has 3 OUI offenses and 6 years if the person has 4 or 
more OUI offenses. 
A person whose license is suspended pursuant to this subsection is not entitled to the 
issuance of any type of license until the suspension period has expired. 
Sec. 7. 29-A MRSA §2551-A, sub-§l, ~A, as enacted by PL 2005, c. 606, Pt. A, 
§7, is amended to read: 
A. 
The person has accumulated 3 or more convictions or adjudications for distinct 
offenses described below arising out of separate acts committed within as-year 
period: 
(1) Homicide resulting from the operation of a motor vehicle; 
(2) OUI conviction; 
(3) Driving to endanger, in violation of section 2413; 
(4) Operating after suspension or revocation, in violation of section 24 I 2-A; 
(5) Operating without a license; 
(6) 
Operating after revocation, 111 violation of former section 2557, section 
2557-A or section 2558; 
(7) Knowingly making a false affidavit or swearing or affirming falsely in a 
statement required by this Title or as to information required in the administration 
of this Title; 
(8) A Class A, B, C or 0 offense in which a motor vehicle is used; 
(9) Failure to report an accident involving injury or death, in violation of section 
2252; 
(10) Failure to report an accident involving property damage, in violation of 
section 2253, 2254 or 2255; 
(11) Eluding an officer, in violation of section 2414; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
"to S.P. 266, L.D. 856 
(12) Passing a roadblock, in violation of section 2414, subsection 4; aOO 
(13) Operating a motor vehicle at a speed that exceeds the maximum speed limit 
by 30 miles per hour or more; ef and 
(14) 
For a person whose license is reinstated pursuant to section 2412-A, 
subsection 7 or section 2508, operating a motor vehicle without an ignition 
interlock device; tampering with or circumventing the operation of an ignition 
interlock device; or requesting or soliciting another person to blow into or 
otherwise activate an ignition interlock device for the purpose of providing the 
person with an operable motor vehicle; or 
Sec. 8. Application. This Act applies only to OUI offenses as defined in the 
II 
Maine Revised Statutes, Title 29-A, section 2401, subsection 8 occurring after August 31, 
2008. 
Sec. 9. 
Appropriations and allocations. 
The following appropriations and 
allocations are made. 
SECRETARY OF STATE, DEPARTMENT OF 
Administration - Motor Vehicles 0077 
Initiative: 
A lIocates funds for an Office Associate II posItIon and related costs to 
administer a program to reinstate, within the suspension period, licenses of persons with 2 
or more OUI offenses who install ignition interlock devices on their motor vehicles. 
HIGHW A Y FUND 
POSITIONS - LEGISLATIVE 
COUNT 
Personal Services 
All Other 
HIGHW A Y FUND TOTAL 
2007-08 
0.000 
$0 
$0 
$0 
Sec. 10. Effective date. This Act takes effect September 1,2008.' 
SUMMARY 
2008-09 
1.000 
$51,844 
$7,119 
$58,963 
This amendment replaces the bill. 
The amendment increases license suspension 
periods for OUI offenses. The amendment allows the Secretary of State to reinstate the 
license of a person with 2 OUI offenses after 9 months of the 3-year suspension period 
has run if the person installs an ignition interlock device on the motor vehicle the person 
operates for a period of 2 years and the person also satisfies all other requirements for 
license reinstatement imposed by the Secretary of State. The amendment also allows the 
Secretary of State to reinstate the license of a person with 3 OUI offenses after 3 years of 
the 6-year suspens ion period has run if the person installs an ign ition interlock device on 
the motor vehicle the person operates for a period of 3 years and the person also satisfies 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A" to S.P. 266, L.D. 856 
all other requirements for license reinstatement imposed by the Secretary of State. A 
person with 4 or more QUI offenses must have an ignition interlock device installed on 
the motor vehicle the person operates for a period of 4 years after the full period of 
license suspension has expired and must also satisfy all other requirements for license 
reinstatement imposed by the Secretary of State in order to have a license reinstated. 
As in the bill, the amendment defines an ignition interlock device as a device that 
connects a breath analyzer to a motor vehicle's ignition system. The analyzer monitors 
the concentration of alcohol in the breath of any person who attempts to start the motor 
vehicle by using the ignition system. The device prevents the vehicle from starting unless 
the person provides a breath sample with a concentration of alcohol that is below a preset 
level. 
The amendment specifies that a person whose license is reinstated contingent upon 
installation of an ignition interlock device and who operates a motor vehicle without an 
ignition interlock device or tampers with, disconnects or disables an ignition interlock 
device or circumvents the operation of an ignition interlock device commits a Class E 
crime, which is a strict liability crime as defined in the Maine Revised Statutes, Title 
17-A, section 34, subsection 4-A. The sentence for this crime must include a period of 
incarceration of not less than 7 days and a fine of not less than $500. These penalties 
may not be suspended. All other violations involving ignition interlock devices are traffic 
infractions. 
The amendment removes from the bill the proposed increased motor vehicle liability 
insurance requirement for persons seeking early reinstatement of a driver's license by 
participating in the ignition interlock device program. 
The amendment increases the license reinstatement fee from $35 to $50 for persons 
whose suspension is for QUI or failure to submit to a test. 
The amendment provides that a person may be classified as an habitual offender if 
the person's license is reinstated contingent on use of an ignition interlock device and that 
person operates a motor vehicle without an ignition interlock device; tampers with or 
circumvents the operation of an ignition interlock device; or requests or solicits another 
person to blow into or otherwise activate an ignition interlock device for the purpose of 
providing the person with an operable motor vehicle. 
The amendment adds an application section, which specifies that this Act applics 
only to QUI offenses occurring after August 31, 2008. The amendment also adds an 
effective date of September 1, 2008, which gives the Secretary of State time to contract 
with an ignition interlock device vendor and prepare to administer and enforce the new 
program. The amendment adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/21/08 
~ac 
LD856 
LR 165(02) 
An Act To Reduce Drunk Driving 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Criminal Justice and Public Safety 
Net Cost (Savings) 
Highway Fund 
A ppropriations/ Allocations 
Highway Fund 
Revenue 
Highway Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
2008-09 
$0 
($103,587) 
$0 
$58,963 
$0 
$162,550 
Projections 
2009-10 
($106,276) 
$56,274 
$162,550 
Projections 
2010-11 
($104,818) 
$57,732 
$162,550 
Allocates $58,963 in Highway Funds for fiscal year 2008-09 to the Bureau of Motor Vehicles within the Secretary of 
State for an Office Associate II position and related costs to administer a program to reinstate, within the suspension 
period, licenses of persons with two or more OUI offenses who install an ignition interlock device on their motor 
vehicle. This allocation is covered by an increase of $162,550 in Highway Fund revenues resulting from an increase 
of $15 in the license reinstatement fee for suspension for OUI or failure to submit to a test. 
LRO 165(02) - Fiscal Note - Page I of 1