An Act To Reduce Drunk Driving
Maine Legislature, Session 123, LD 0856
Committee: Criminal Justice and Public Safety
Sponsors: BROMLEY, GERZOFSKY, PERRY, BERRY, FAIRCLOTH, BARTLETT, NUTTING, ROTUNDO, SCHNEIDER, SULLIV AN, TURNER, ADAMS, BERUBE, CRAVEN, CROCKETT, DUCHESNE, GROSE, HAMPER, HOTHAM, JACKSON, KNIGHT, RAND, SIMPSON, SIROIS, TUTTLE, WALCOTT, WEBSTER, WEDDELL
Amends: 29-A MRSA §2401, 29-A MRSA §2412-A, 29-A MRSA §2508

Legislative Document 
No. 856 
S.P.266 
February 23, 2007 
An Act To Reduce Drunk Driving 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Senator BROMLEY of Cumberland. 
JOY 1. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative GERZOFSKY of Brunswick, Senator PERRY of Penobscot, 
Representatives: BERRY of Bowdoinham, FAIRCLOTH of Bangor, and 
Senators: BARTLETT of Cumberland, NUTTING of Androscoggin, ROTUNDO of 
Androscoggin, SCHNEIDER of Penobscot, SULLIV AN of York, TURNER of Cumberland, 
Representatives: ADAMS of Portland, BERUBE of Lisbon, CRAVEN of Lewiston, 
CROCKETT of Augusta, DUCHESNE of Hudson, GROSE of Woolwich, HAMPER of 
Oxford, HOTHAM of Dixfield, JACKSON of Allagash, KNIGHT of Livermore Falls, PERRY 
of Calais, RAND of Portland, SA V AGE of Falmouth, SIMPSON of Auburn, SIROIS of 
Turner, TUTTLE of Sanford, WALCOTT of Lewiston, WEBSTER of Freeport, WEDDELL of 
Frankfort. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRSA §2401, sub-§5-A, as repealed by PL 1999, c. 470, §27, is 
reenacted to read: 
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 §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 install 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. 3. 29-A MRSA §2508 is enacted to read: 
§2508. Ignition interlock device 
1. Installation of ignition interlock device. The Secretary of State may reinstate 
the license of a person convicted of more than one violation of section 2411 prior to the 
expiration of the total period of suspension 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 QUI offenses, convictions or adjudications may be 
reinstated after one year if the person installs for a period of 6 months an ignition 
interlock device approved by the Secretary of State in the motor vehicle the person 
operates. 
B. The license of a person with 3 QUI offenses, convictions or adjudications may be 
reinstated after 2 years if the person installs for a period of 2 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 QUI offenses, convictions or adjudications 
may be reinstated after 4 years if the person installs for a period of 4 years an ignition 
interlock device approved by the Secretary of State in the motor vehicle the person 
operates. 
2. 
Increased Iiabilitv insurance requirement. 
A person seeking early 
reinstatement of a driver's license under this section must furnish proof of financial 
responsibility demonstrating that the person has secured and will maintain an automobile 
liability policy with the following limits: 
Page I - 123LR0165(Ol)-1 
A. Three hundred thousand dollars for damage to Q[9~~ 
B. Three hundred thousand dollars for injury to or death of anyone person; and 
C. Three hundred thousand dollars for an accident resulting in injury to or death of 
more than one person. 
A person is ineligible to participate in the ignition interlock device program if that person 
fails to comply with the insurance requirement of this subsection. 
3. Restrictions on offender. 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; 
B. Request or solicit another person to blow into or otherwise activate an ignition 
I I 
interlock device for the purpose of providing the person with an operable motor 
vehicle; or 
C. Tamper with or circumvent the operation of an ignition interlock device. 
4. Other restrictions. A person may not: 
A. 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; 
B. 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 
C. Tamper with or circumvent the operation of an ignition interlock device. 
5. Penalty. Notwithstanding section 1251, a violation of this section 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 as follows: 
A. For a person reinstated pursuant to section 2412-A, subsection 7, suspension is 6 
months; and 
B. For a person reinstated pursuant to this section, suspension is 6 months if the 
1 
person has 2 ~UI offenses, 2 years if the person has 3 OUI offenses and 4 years if the 
person has 4 ~UI offenses. 
A person whose license is suspended pursuant to this section is not entitled to the 
issuance of any type of license until the suspension period has expired. 
SUMMARY 
This bill allows the Secretary of State to reinstate the license of a person convicted of 
more than one violation of the operating under the influence laws if the person installs an 
I 
approved ignition interlock device. An ignition interlock device is 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.