An Act Clarifying the Manner in Which a Person's Alcohol Level Is Determined under Maine Law
Maine Legislature, Session 124, LD 1447
Committee: Criminal Justice and Public Safety
Sponsors: DIAMOND
Amends: 5 MRSA §3360, 6 MRSA §202, 6 MRSA §204, 6 MRSA §205, 12 MRSA §10701, 12 MRSA §10702, 12 MRSA §10703, 15 MRSA §3103, 16 MRSA §357, 17-A MRSA §1057, 22 MRSA §567, 24-A MRSA §2303-A, 25 MRSA §1541, 25 MRSA §1547, 25 MRSA §2005, 26 MRSA §682, 29-A MRSA §1253, 29-A MRSA §1404, 29-A MRSA §1551, 29-A MRSA §1653, 29-A MRSA §2401, 29-A MRSA §2404, 29-A MRSA §2411, 29-A MRSA §241, 29-A MRSA §2421, 29-A MRSA §2431, 29-A MRSA §2453, 29-A MRSA §2456, 29-A MRSA §2457, 29-A MRSA §2472, 29-A MRSA §2482, 29-A MRSA §2506, 29-A MRSA §2521, 29-A MRSA §2522, 29-A MRSA §2523, 29-A MRSA §2524

Legislative Document 
No. 1447 
S.P.532 
In Senate, April 7, 2009 
An Act Clarifying the Manner in Which a Person's Alcohol Level Is 
Determined under Maine Law 
Submitted by the Department of Public Safety pursuant to Joint Rule 204. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
. 
Presented by Senator DIAMOND of Cumberland. 
Printed on recycled pnper 
9r[)(J~ 
JOY 1. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §3360, sub-§3, ~, as amended by PL 2003, c. 243, §1, is 
further amended to read: 
. 
E. 
Operating under the influence of intoxicating liquor or drugs or with an 
excessive blood aloohol alcohol level, as described in Title 29-A, section 2411; 
Sec. 2. 6 MRSA §202, sub-§l1, as enacted by PL 1993, c. 467, §3, is amended to 
read: 
11. Operating an aircraft under the influence or with excessive alcohol level. 
For any person to operate or attempt to operate an aircraft under the influence of 
intoxicating liquor or drugs or a combination of liquor and drugs or with an excessive 
blood aloohol alcohol level. Notwithstanding section 203, a person is guilty of a Class D 
crime if that person operates or attempts to operate an aircraft: 
A. 
While under the influence of intoxicating liquor or drugs or a combination of 
liquor and drugs; or 
B. 
While having 0.04% or more by weight of aloohol in that person's blood an 
alcohol level of 0.04 grams or more of alcohol per 100 milliliters of blood or 210 
liters of breath; and 
Sec. 3. 6 MRSA §204, as enacted by PL 1993, c. 467, §4, is. amended to read: 
§204. Implied consent to chemical tests 
A person who operates or attempts to operate an aircraft within this State has a duty 
to submit to chemical testing to determine that person's blood aloohol alcohol level and 
drug concentration by analysis of blood, breath or urine if there is probable cause to 
believe that the person has operated or attempted to operate an aircraft while under the 
influence of intoxicating liquor or drugs. The duty to submit to a chemical test includes 
the duty to complete either a blood, breath or urine test. Tests and procedures applicable 
in determining whether a person is under the influence are governed by section 205. 
Sec. 4. 6 MRSA §205, as enacted by PL 1993, c. 467, §4 and amended by PL 
2003, c. 689, Pt. B, §6, is further amended to read: 
§205. Operating an aircraft under the influence or with an excessive alcohol level; 
tests and procedures 
1. Blood or breath test. If the law enforcement officer has probable cause to 
believe a person operated or attempted to operate an aircraft while under the influence of 
intoxicating liquor or drugs, then the officer shall inform the person that a breath test will 
be administered, unless, in the determination of the officer, it is unreasonable for a breath 
test to be administered, in which case another chemical test must be administered. When 
a blood test is required, the test may be administered by a physician of the accused's 
choice, at the request of the accused and if reasonably available. The law enforcement 
Page I -124LR0487(Ol)-1 
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officer may determine which type of breath test, as described in subsection 5, will be 
administered. 
2. Prerequisites to tests. Before any test is given, the law enforcement officer shall 
inform the person to be tested that, if that person fails to comply with the duty to submit 
to and complete the required chemical test at the direction of the officer, that person 
commits a civil violation for which the person may be required to pay a civil forfeiture of 
up to $500. The officer shall also inform the person that the failure to comply with the 
duty to submit to chemical tests is admissible as evidence against that person at any trial 
for operating under the influence of intoxicating liquor or drugs. 
No test results may be excluded as evidence in a proceeding before an administrative 
officer or court of this State as a result of the failure of the law enforcement officer to 
comply with these prerequisites. The only effects of the failure of the officer to comply 
with the prerequisites are as provided in subsection 7. 
3. Results oftest. Upon the request of the person who submits to a chemical test or 
tests at the request of a law enforcement officer, full information concerning the test or 
tests must be made available to that person or that person's attorney by the law 
enforcement officer. 
4. Alcohol level. The following percentages by '.veight quantities of alcohol in the 
defendant's blood or breath have the following evidentiary effects. 
A. 
If there "vas the defendant, at the time alleged, 0.02% or less by weight of 
alcohol in the defendant's blood had an alcohol level of 0.02 grams or less of alcohol 
per 100 milliliters of blood or 210 liters of breath, it is prima facie evidence that the 
defendant was not under the influence of intoxicating liquor. 
B. 
If there was the defendant, at the time alleged, in excess of 0.02% but less than 
0.04% by weight of alcohol in the defendant's blood had an alcohol level of more 
than 0.02 grams but less than 0.04 grams of alcohol per 100 milliliters of blood or 
liters of breath, it is relevant evidence, but it is not to be given prima facie effect 
in indicating whether or not the defendant was under the influence of intoxicating 
liquor within the meaning of this section, but that fact may be considered with other 
competent evidence in determining whether or not the defendant was under the 
influence of intoxicating liquor. 
C. 
For purposes of evidence in proceedings other than those arising under section 
202, subsection 11, it is presumed that a person was under the influence of 
intoxicating liquor when that person has a blood alcohol level of 0.04% or more by 
weight an alcohol level of 0.04 grams or more of alcohol per 100 milliliters of blood 
or 210 liters of breath. 
D. 
Percent by "veight of alcohol in the blood is based upon grams of alcohol per 
8 
I 00 milliliters of blood. 
5. Administration of tests. Persons conducting analyses of blood, breath or urine 
for the purpose of determining the blood alcohol alcohol level or drug concentration must 
be certified for this purpose by the Department of Health and Human Services under 
certification standards set by that department. 
Only a duly licensed physician, registered physician's assistant, registered nurse or a 
person certified by the Department of Health and Human Services under certification 
standards set by that department, acting at the request of a law enforcement officer, may 
draw a specimen of blood to determine the blood alcohol alcohol level or drug 
concentration of a person who is complying with the duty to submit to a chemical test. 
This limitation does not apply to the taking of breath specimens. When a person draws a 
specimen of blood at the request of a law enforcement officer, that person may issue a 
certificate that states that the person is in fact a duly licensed or certified person as 
required by this subsection and that the person followed the proper procedure for drawing 
a specimen of blood to determine the blood alcohol alcohol level or drug concentration. 
That certificate, when duly signed and sworn to by the person, is admissible as evidence 
in any court of the State. It is prima facie evidence that the person was duly licensed or 
certified and that the person followed the proper procedure for drawing a specimen for 
chemical testing, unless, with 10 days' written notice to the prosecution, the defendant 
requests that the person testify as to licensure or certification, or the procedure for 
drawing the specimen of blood. 
A law enforcement officer may take a sample specimen of the breath or urine of any 
person whom the officer has probable cause to believe operated or attempted to operate 
an aircraft while under the influence of intoxicating liquor or drugs and who is complying 
with the duty to submit to and complete a chemcial chemical test. The sample specimen 
must be submitted to the Department of Health and Human Services or a person certified 
by the Department of Health and Human Services for the purpose of conducting chemical 
tests of the sample specimen to determine the blood alcohol alcohol level or drug 
concentration of that sample. 
Only equipment approved by the Department of Health and Human Services may be used 
by a law enforcement officer to take a sample specimen of the defendant's breath or urine 
for submission to the Department of Health and Human Services or a person certified by 
the Department of Health and Human Services for the purpose of conducting tests of the 
sample specimen to determine the blood alcohol alcohol level or drug concentration of 
that sample. 
Approved equipment must have a stamp of approval affixed by the 
Department of Health and Human Services. Evidence that the equipment was in a sealed 
carton bearing the stamp of approval must be accepted in court as prima facie evidence 
that the equipment was approved by the Department of Health and Human Services for 
use by the law enforcement officer to take the sample specimen of the defendant's breath 
or unne. 
As an alternative to the method of breath testing described in this subsection, a law 
enforcement officer may test the breath of any person whom the officer has probable 
cause to believe operated or attempted to operate an aircraft while under the influence of 
intoxicating liquor or drugs, by use of a self-contained, breath-alcohol testing apparatus to 
determine the blood alcohol person's alcohol level, provided as long as the testing 
apparatus is reasonably available. The procedures for the operation and testing of self-
contained, breath-alcohol testing apparatuses must be as provided by rule adopted by the 
Department of Health and Human Services. The result of any such test must be accepted 
as prima facie evidence of the blood alcohol alcohol level of a person in any court. 
Approved self-contained, breath-alcohol testing apparatuses must have a stamp of 
approval affixed by the Department of Health and Human Services after periodic testing. 
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That stamp of approval is valid for a limited period of no more than one year. Testimony 
or other evidence that the equipment was bearing the stamp of approval must be accepted 
in court as prima facie evidence that the equipment was approved by the Department of 
Health and Human Services for use by the law enforcement officer to collect and analyze 
a sample specimen of the defendant's breath. 
Failure to comply with any provision of this subsection or with any rule adopted under 
this subsection does not, by itself, result in the exclusion of evidence of blood aloohol 
alcohol level or drug concentration, unless the evidence is determined to. be not 
sufficiently reliable. 
Testimony or other evidence that any materials used in operating or checking the 
operation of the equipment were bearing a statement of the manufacturer or of the 
Department of Health and Human Services must be accepted in court as prima facie 
evidence that the materials were of a composition and quality as stated. 
A person certified by the Maine Criminal Justice Academy, under certification standards 
set by the academy, as qualified to operate approved self-contained, breath-alcohol 
testing apparatuses may operate those apparatuses to collect and analyze a sample 
specimen of a defendant's breath. 
6. Liability. No physician, physician's assistant, registered nurse, person certified by 
the Department of Health and Human Services or hospital or other health care provider in 
the exercise of due care is liable in damages or otherwise for any act done or omitted in 
performing the act of collecting or withdrawing specimens of blood at the request of a 
law enforcement officer pursuant to this section. 
7. Evidence. The drug concentration in the defendant's blood or peroentage by 
ltYeight of aloohol in the defendant's hleed alcohol level at the time alleged, as shown by 
the chemical analysis of the defendant's blood, breath or urine or by results of a self-
contained, breath-alcohol testing apparatus authorized by subsection 5 is admissible in 
evidence. 
When a person, certified under subsection 5, conducts a chemical analysis of blood or 
breath to determine blood aIoohol alcohol level, the person may issue a certificate stating 
the results of the analysis. 
That certificate, when duly signed and sworn to by the 
certified person, is admissible in evidence in any court of the State. It is prima facie 
evidence that the person taking a specimen of blood or urine was a person authorized by 
subsection 5; that the equipment, chemicals and other materials used in the taking of the 
blood or urine specimen or a breath sample were of a quality appropriate for the purpose 
of producing reliable test results; that any equipment, chemicals or materials required by 
subsection 5 to be approved by the Department of Health and Human Services were in 
fact approved; that the sample tested by the person certified under subsection 5 was in 
fact the same sample taken from the defendant; and that the drug concentration in the 
defendant's blood or peroentage by vi'eight of alcohol in the defendant's hleed alcohol 
level was, at the time the blood or breath sample was taken, as stated in the certificate, 
unless with 10 days' written notice to the prosecution, the defendant requests that a 
qualified witness testify as to any of the matters as to which the certificate constitut~s 
prima facie evidence. 
The notice must specify those matters concerning which the 
defendant requests testimony. 
A person certified under subsection 5 as qualified to operate a self-contained, breath-
alcohol testing apparatus to determine the blood alcohol alcohol level may issue a 
certificate stating the results of the analysis. That certificate, when duly signed and sworn 
to by the certified person, is admissible in evidence in any court of the State. It is prima 
facie evidence that the percentage by ", .. eight of alcohol in the defendant's e.Ieed alcohol 
level was, at the time the breath sample was taken, as stated in the certificate, unless, with 
days' written notice to the prosecution, the defendant requests that the operator or 
other qualified witness testify as to the results of the analysis. 
Transfer of sample specimens to and from a laboratory for purposes of analysis is by 
certified or registered mail and, when so made, is deemed to comply with all 
requirements regarding the continuity of custody of physical evidence. 
The failure of a person to comply with the duty to submit to and complete a chemical test 
under section 204 is admissible in evidence on the issue of whether that person was under 
the influence of intoxicating liquor or drugs. If the law enforcement officer having 
probable cause to believe that the person operated or attempted to operate an aircraft 
while under the influence of intoxicating liquor or drugs fails to give either of the 
warnings required under subsection 2, the failure of the person to comply with the duty to 
submit to a chemical test is not admissible, except when a test was required pursuant to 
subsection 11. If a failure to submit to and complete a chemical test is not admitted into 
evidence, the court may inform the jury of the fact that no test result is available. 
If a test result is not available for a reason other than failing to comply with the duty to 
submit to and complete a chemical test, the unavailability and the reason are admissible 
in evidence. 
8. Statements by accused. Any statement by a defendant that the defendant was the 
operator of an aircraft that the defendant is accused of operating in violation of section 
202, subsection 11 is admissible if it was 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 
aircraft was operated and was operated by the defendant. 
9. Payment for tests. Persons authorized to take specimens of blood at the direction 
of a law enforcement officer and persons authorized to perform chemical tests of 
specimens of blood or breath must be paid from the Highway Fund. 
10. Accidents and officer's duties. The law enforcement officer has the following 
duties. 
A. 
After a person has been charged with operating or attempting to operate an 
aircraft while under the influence of intoxicating liquor or drugs or with an excessive 
blood alcohol alcohol level, the investigating or arresting officer shall investigate to 
determine whether the charged person has any previous convictions of a violation of 
section 202, subsection 11 or adjudications for failure to comply with the duty to 
submit to and complete a chemical test under section 204. 
As part of that 
investigation, the officer shall review the records maintained by the courts, the 
department, the State Bureau of Identification or the Secretary of State, including 
telecommunications of records maintained by the Secretary of State. 
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B. 
A law enforcement officer may arrest, without a warrant, any person whom the 
officer has probable cause to believe operated or attempted to operate an aircraft 
while under the influence of intoxicating liquor or drugs if the arrest occurs within a 
period following the offense reasonably likely to result in the obtaining of probative 
evidence of blood alcohol an alcohol level or drug concentration. 
C. 
A law enforcement officer shall report the results of a chemical test 
administered, or the refusal of a person to submit to a chemical test, pursuant to this 
section to the Federal Aviation Administration. 
11. Fatalities. Notwithstanding any other provision of this section, an operator of an 
. aircraft who is involved in an aircraft accident that results in the death of a person must 
submit to and complete a chemical test to determine that person's blood alcohol alcohol 
level or drug concentration by analysis of blood, breath or urine. A law enforcement 
officer rriay determine which type of test will be administered. The result of a test taken 
pursuant to this subsection is not admissible at trial unless the court is satisfied that 
probable cause exists, independent of the test result, to believe that the operator was 
under the influence of intoxicating liquor or drugs or had an excessive blood alcohol 
alcohol level. 
Sec. 5. 12 MRSA §10701, sub-§I-A, as enacted by PL 2003, c. 655, Pt. B, §74 
and affected by §422, is amended to read: 
1-A. Prohibition. Prohibitions against huntirig and operating under the influence are 
as follows. 
A. 
A person may not hunt wild animals or wild birds: 
(1) While under the influence of intoxicating liquor or drugs Or a combination of 
liquor and drugs; 
(2) If 21 years of age or older, while having 0.08% or more by ",,'eight of alcohol 
in that person's blood 0.08 grams or more of alcohol per 1 00 milliliters of blood 
or 210 liters of breath; or 
(3) If less than 21 years of age, while having any amount of alcohol in that 
person's blood an alcohol level of more than 0.00 grams per 100 milliliters of 
blood or 210 liters of breath. 
B. A person may not operate or attempt to operate a watercraft: 
(1) While under the influence of intoxicating liquor or drugs or a combination of 
liquor and drugs; 
(2) If 21 years of age or older, while having 0.08% or more by .. veight of alcohol 
in that person's blood 0.08 grams or more of alcohol per 100 milliliters of blood 
or 210 liters of breath; or 
(3) If less than 21 years of age, while having any amount of alcohol in the 
bleed an alcohol level of more than 0.00 grams per 100 milliliters of blood or 210 
liters of breath. 
e. A person may not operate or attempt to operate a snowmobile: 
(1) While under the influence of intoxicating liquor or drugs or a combination of 
liquor and drugs; 
(2) If 21 years of age or older, while having 0.08% or more by weight of alcohol· 
in that person's blood 0.08 grams or more of alcohol per 100 milliliters of blood 
or 210 liters of breath; or 
(3) If less than 21 years of age, while having any amount of alcohol in the blood 
an alcohol level of more than 0.00 grams per 100 milliliters of blood or 210 liters 
of breath. 
D. 
A person may not operate or attempt to operate an ATV: 
(1) While under the influence of intoxicating liquor or drugs or a combination of 
liquor and drugs; 
(2) If 21 years of age or older, while having 0.08% or more by weight of alcohol 
in that person's blood 0.08 grams or more of alcohol per 100 milliliters of blood 
or 210 liters of breath; or 
(3) If less than 21 years of age, while having any amount of alcohol in the 
hleed an alcoholleveI of more than 0.00 grams per 100 milliliters of blood or 210 
liters of breath. 
Sec. 6. 12 MRSA §10701, sub-§3, ~A, as affected by PL 2003, c. 614, §9 and 
amendedby c. 655, Pt. B, §75 and affected by §422, is further amended to read: 
A. 
In the case of a person having no previous convictions of a violation of 
subsection I-A within the previous 6-year period, the fine may not be less than $400. 
If that person was adjudicated within the previous 6-year period for failure to comply 
with the duty to submit to and complete a blood alcohol an alcohol test under section 
10702, subsection 1, the fine may not be less than $500. A conviction under this 
paragraph must include a period of incarceration of not less than 48 hours, none of 
which may be suspended, when the person: 
(1) Was tested as having a blood alcohol an alcohol level of 0.15% or more 0.15 
grams or more of alcohol per 100 miIliliters of blood or 210 liters of breath; 
(2) Failed or refused to stop upon request or signal of an officer in uniform, 
pursuant to section 6953 or 10651, during the operation that resulted in 
prosecution for operating under the influence or with a blood alcohol an alcohol 
level of 0.08% or more 0.08 grams or more of alcohol per 100 milliliters of blood 
or 210 liters of breath; or 
(3) Failed to submit to a chemical test to determine that person's blood alcohol 
alcohol level or drug concentration, requested by a law enforcement officer on 
the occasion that resulted in the conviction. 
Sec. 7. 12 MRSA §10701, sub-§3, ~, as affected by PL 2003, c. 614, §9 and 
amended by c. 655, Pt. B, §75 and affected by §422, is further amended to read: 
B. 
In the case of a person having one previous conviction of a violation of 
subsection I-A within the previous 6-year period, the fine may not be less than $600. 
If that person was adjudicated within the previous 6-year period for failure to comply 
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with the duty to submit to and complete a blood alcohol an alcohol level or drug 
concentration test under section 10702, subsection 1, the fine may not be less than 
$800. A conviction under this paragraph must include a period of incarceration of 
not less than 7 days, none of which may be suspended. 
Sec. 8. 12 MRSA §10701, sub-§3, -,re, as affected by PL 2003, c. 614, §9 and 
amended by c. 655, Pt. B, §75 and affected by §422, is further amended to read: 
C. 
In the case of a person having 2 or more previous convictions of violations of 
subsection I-A within the previous 6-year period, the fine may not be less than 
$1,000. If that person was adjudicated within the previous 6-year period for failure to 
comply with the duty to submit to and complete a blood alcohol an alcohol level or 
drug concentration test under section 10702, subsection 1, the fine may not be less 
than $1,300. 
A conviction under this paragraph must include a period of 
incarceration of not less than 30 days, none of which may be suspended. 
Sec. '9. 12 MRSA §10702, sub-§I, as affected by PL2003, c. 614, §9 and 
repealed and replaced by c. 655, Pt. B, §76 and affected by §422, is amended to read: 
1. Duty to submit. A person who hunts wild animals or wild birds or operates or 
attempts to operate a watercraft, snowmobile or A TV within this State has a duty to 
submit to a test to determine that person's blood alcohol alcohol level or drug 
concentration by analysis of blood, breath or urine if there is probable cause to believe 
that the person is hunting wild animals or wild birds or operating or attempting to operate 
a watercraft, snowmobile or ATV while 'under the influence of intoxicating liquor or 
drugs. The duty to submit to a blood alcohol an alcohol level or drug concentration test 
includes the duty to complete either a blood, breath or urine test or any combination of 
those tests. Tests and procedures for determining whether a person is under the influence 
of intoxicating liquor or drugs are governed by section 10703. 
Sec. 10. 12 MRSA §10702, sub-§2, as affected by PL 2003, c. 614, §9 and 
repealed and replaced by c. 655, Pt. B, §76 and affected by §422, is amended to read: 
2. Failure to comply with duty to submit. A person shall submit to and complete a 
blood alcohol an alcohol level or drug concentration test, or both, when requested to do 
so by a law enforcement officer who has probable cause to believe that the person hunted 
or operated or attempted to operate a watercraft, snowmobile or A TV while under the 
influence of intoxicating liquor or drugs. 
Sec. 11. 12 MRSA §10703, sub-§4, as affected by PL 2003, c. 614, §9 and 
amended by c. 655, Pt. B, §78 and affected by §422, is further amended to read: 
4. Alcohol level. The following percentages by 'tVeight quantities of alcohol in the 
defendant's blood or breath have the following evidentiary effect. 
A. 
Ifthere Vias, at the time alleged, 0.05% or less by 'tVeight of alcohol in the blood 
ef a defendant who was 21 years of age or older at the time of arrest had an alcohol 
level of 0.05 grams or less of alcohol per 100 milliliters of blood or 210 liters of 
breath, it is prima facie evidence that the defendant was not under the influence of 
intoxicating liquor. 
B. 
If there ' .... as, at the time alleged, in excess of 0.05% but less than 0.08% by 
weight of alcohol in the blood of a defendant who was 21 years of age or older at the 
time of the arrest had an alcohol level of 0.05 grams of alcohol or more but less than 
0.08 grams of alcohol per 100 milliliters of blood or 210 liters of breath, it is relevant 
evidence, but it is not to be given prima facie effect in indicating whether or not the 
defendant was under the influence of intoxicating liquor within the meaning of this 
section, but that fact may be considered with other competent evidence in 
determining whether or not the defendant was under the influence of intoxicating 
liquor. 
C. 
For purposes of evidence in proceedings other than those arising under section 
10701, subsection I-A, it is presumed that a person was under the influence of 
intoxicating liquor when that person has: 
(1) For a person 21 years of age or older, a blood alcohol an alcohol level of 
0.08% or more by weight 0.08 grams or more of alcohol per 100 milliliters of 
blood or 210 liters of breath; and 
(2) For a person less than 21 years of age, any amount of alcohol in the blood an 
alcohol level of more than 0.00 grams per 100 milliliters of blood or 210 liters of 
breath. 
D. 
Percent by '",eight of alcohol in the blood is based upon grams of alcohol per 
milliliters of blood. 
Sec. 12. 12 MRSA §10703, sub-§5, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9 and amended by c. 689, Pt. B, §6, is further amended to read: 
5. Administration of tests. Persons conducting analyses of blood, breath or urine 
for the purpose of determining the blood alcohol an alcohol level or drug concentration 
must be certified for each purpose by the Department of Health and Human Services 
under certification standards set by that department. 
A. 
Only a duly licensed physician, registered physician's assistant, registered nurse 
or a person certified by the Department of Health and Human Services under 
certification standards set by that department, acting at the request of a law 
enforcement officer, may draw a specimen of blood to determine the blood alcohol 
an alcohol level or drug concentration of a person who is complying with the duty to 
submit to a chemical test. This limitation does not apply to the taking of breath or 
urine specimens. When a person draws a specimen of blood at the request of a law 
enforcement officer, that person may issue a certificate that states that the person is in 
fact a duly licensed or certified person as required by this subsection and that the 
person followed the proper procedure for drawing a specimen of blood to determine 
the blood alcohol an alcohol level or drug concentration. That certificate, when duly 
signed and sworn to by the person, is admissible as evidence in any court of the State. 
It is prima facie evidence that the person was duly licensed or certified and that the 
person followed the proper procedure for drawing a specimen of blood for chemical 
testing, unless, with 10 days' written notice to the prosecution, the defendant requests 
that the person testify as to licensure or certification, or the procedure for drawing the 
specimen of blood. 
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B. 
A law enforcement officer may take a sample specimen of the breath or urine of 
any person whom the officer has probable cause to believe hunted wild animals or 
wild birds or operated or attempted to operate a watercraft, snowmobile or A TV 
while under the influence of intoxicating liquor or drugs and who is complying with 
the duty to submit to and complete a chemical test. The sample specimen must be 
submitted to the Department of Health and Human Services or a person certified by 
the Department of Health and Human Services for the purpose of conducting 
chemical tests of the sample specimen to determine the blood alcohol an alcohol 
level or drug concentration of that sample. 
C. 
Only equipment approved by the Department of Health and Human Services 
may be used by a law enforcement officer to take a sample specimen of the 
defendant's breath or urine for submission to the Department of Health and Human 
Senrices or a person certified by the Department of Health and Human Services for 
the purpose of conducting tests of the sample specimen to determine the blood 
alcohol an alcohol level or drug concentration of that sample. Approved equipment 
must have a stamp of approval affixed by the Department of Health and Human 
Services. Evidence that the equipment was in a sealed carton bearing the stamp of 
approval must be accepted in court as prima facie evidence that the equipment was 
approved by the Department of Health and Human Services for use by the law 
enforcement officer to take the sample specimen of the defendant's breath or urine. 
D. 
As an alternative to the method of breath testing described in this subsection, a 
law enforcement officer may test the breath of any person whom the officer has 
probable cause to believe hunted wild birds or wild animals or operated or attempted 
to operate a watercraft, snowmobile or A TV while under the influence of intoxicating 
liquor, by use of a self-contained, breath-alcohol testing apparatus to determine the 
blood alcohol an alcohol level, provided as long as the testing apparatus is reasonably 
available. The procedures for the operation and testing of self-contained, breath-
alcohol testing apparatuses must be as provided by rule adopted by the Department of 
Health and Human Services. The result of any such test must be accepted as prima 
facie evidence of the blood alcohol an alcohol level in any court. 
E. 
Approved self-contained, breath-alcohol testing apparatuses must have a stamp 
of approval affixed by the Department of Health and Human Services after periodic 
testing. That stamp of approval is valid for a limited period of no more than one year. 
Testimony or other evidence that the equipment was bearing the stamp of approval 
must be accepted in court as prima facie evidence that the equipment was approved 
by the Department of Health and Human Services for use by the law enforcement 
officer to collect and analyze a sample specimen of the defendant's breath. 
F. 
Failure to comply with any provision of this subsection or with any rule adopted 
under this subsection does not, by itself, result in the exclusion of evidence of bleed-
alcohol an alcohol level or drug concentration, unless the evidence is determined to 
be not sufficiently reliable. 
G. 
Testimony or other evidence that any materials used in operating or checking the 
operation of the equipment were bearing a statement of the manufacturer or of the 
Department of Health and Human Services must be accepted in court as prima facie 
evidence that the materials were of a composition and quality as stated. 
H. 
A person certified by the Maine Criminal Justice Academy, under certification 
standards set by the academy, as qualified to operate approved self-contained, breath-
alcohol testing apparatuses may operate those apparatuses to collect and analyze a 
sample specimen of a defendant's breath. 
Sec. 13. 12 MRSA §10703, sub-§7, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9 and amended by c. 689, Pt. B, §6, is further amended to read: 
7. Evidence. The percentage by 'tVeight of alcohol in the defendant's b-Iee4 alcohol 
level at the time alleged and the concentration of drugs at the time alleged, as shown by 
the chemical analysis of the defendant's blood, breath or urine or by any test authorized 
by subsection 5 is admissible in evidence. 
A. 
When a person certified under subsection 5 conducts a chemical analysis of 
blood, breath or urine to determine blood alcohol an alcohol level or drug 
concentration, the person conducting the analysis may issue a certificate stating the 
results of the analysis. 
That certificate, when duly signed and sworn to by the 
certified person, is admissible in evidence in any court of the State. It is prima facie 
evidence that the person taking a specimen of blood or urine was a person authorized 
by subsection 5; that the equipment, chemicals and other materials used in the taking 
of the blood or urine specimen or a breath sample were of a quality appropriate for 
the purpose of producing reliable test results; that any equipment, chemicals or 
materials required by subsection 5 to be approved by the Department of Health and 
Human Services were in fact approved; that the sample tested by the person certified 
under subsection 5 was in fact the same sample taken from the defendant; and that the 
drug concentration in the defendant's blood or percentage by weight of alcohol in the 
defendant's b-Iee4 alcohol level was, at the time the blood, breath or urine sample was 
taken, as stated in the certificate, unless with 10 days' written notice to the 
prosecution, the defendant requests that a qualified witness testify as to any of the 
matters as to which the certificate constitutes prima facie evidence. The notice must 
specify those matters concerning which the defendant requests testimony. 
B. 
A person certified under subsection 5 as qualified to operate a self-contained, 
breath-alcohol testing apparatus to determine the blood alcohol an alcohol level may 
issue a certificate stating the results of the analysis. That certificate, when duly 
signed and sworn to by the certified person, is admissible in evidence in any court of 
the State. It is prima facie evidence that the percentage by weight of alcohol in the 
defendant's b-Iee4 alcohol level was, at the time the breath sample was taken, as stated 
in the certificate, unless, with 10 days' written notice to the prosecution, the defendant 
.requests that the operator or other qualified witness testify as to the results of the 
analysis. 
C. 
Transfer of sample specimens to and from a laboratory for purposes of analysis 
must be by certified or registered mail and, when so made, is deemed to comply with 
all requirements regarding the continuity of custody of physical evidence. 
D. 
The failure of a person to comply with the duty to submit to and complete a 
chemical test under section 10702, subsection 1 is admissible in evidence on the issue 
of whether that person was under the influence of intoxicating liquor or drugs. If the 
law enforcement officer having probable cause to believe that the person hunted wild 
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animals or wild birds or operated or attempted to operate a watercraft, snowmobile or 
ATV while under the influence of intoxicating liquor or drugs fails to give either of 
the warnings required under subsection 2, the failure of the person to comply with the 
duty to submit to a chemical test is not admissible, except when a test was required 
pursuant to subsection 11. If a failure to submit to and complete a chemical test is 
not admitted into evidence, the court may inform the jury of the fact that a test result 
is not available. 
E. 
If a test result is not available for a reason other than a person's failure to comply 
with the duty to submit to and complete a chemical test, the unavailability and the 
reason are admissible in evidence. 
Sec. 14. 12 MRSA §10703, sub-§10, Gj'fA, as affected by PL 2003, c. 614, §9 and 
amended by c. 655, Pt. B, §80 and affected by §422, is further amended to read: 
A. 
After a person has been charged with hunting wild animals or wild birds or with 
operating or attempting to operate a watercraft, snowmobile or A TV while under the 
influence of intoxicating liquor or drugs or with an excessive blood aloohol alcohol 
level, the investigating or arresting officer shaH investigate to determine whether the 
charged person has any previous convictions of a violation of section 10701, 
subsection I-A or adjudications for failure to comply with the duty to submit to and 
complete a chemical test under section 10702, subsection 1. 
As part of that 
investigation, the officer shaH review the records maintained by the courts, the State 
Bureau of Identification, the Secretary of State, including telecommunications of 
records maintained by the Secretary of State, or the department. 
Sec. 15. 12 MRSA §10703, sub-§l1, as enacted by PL 2003, c. 414, Pt. A, §2 
and affected by c. 614, §9, is amended to read: 
11. Fatalities. Notwithstanding any other provision of this section, any person 
hunting wild animals or wild birds who is involved in a hunting accident or any operator 
of a watercraft, snowmobile or A TV who is involved in a watercraft, snowmobile or A TV 
accident that results in the death of any person must submit to and complete chemical 
tests to determine that person's blood aloohol alcohol level or other chemical use by 
analysis of blood, breath or urine. A law enforcement officer may determine which types 
of tests will be administered. The results of tests taken pursuant to this subsection are not 
admissible at trial unless the court is satisfied that probable cause exists, independent of 
the test results, to believe that the hunter or operator was under the influence of 
intoxicating liquor or drugs or had an excessive blood aIoohol alcohol level. 
Sec. 16. 15 MRSA §3103, sub-§I, CUF, as amended by PL 2003, c. 410, §5, is 
further amended to read: 
F. 
The criminal violation of operating a motor vehicle under the influence of 
intoxicating liquor or drugs or with an excessive blood aIoohol alcohol level, as 
defined in Title 29-A, section 2411, and offenses defined in Title 29-A as Class B or 
C crimes; 
Sec. 17. 16 MRSA §357, 2nd ~, as amended by PL 2007, c. 63, § 1, is further 
amended to read: 
Notwithstanding this section, the result of a laboratory or any other test kept by a 
hospital or other medical facility that reflects blood alcohol an alcohol level, f! detectable 
urine-drug level; and f! detectable blood-drug level may not be excluded as evidence in a 
criminal or civil proceeding by reason of any claim of confidentiality or privilege and 
may be admitted provided that as long as the result is relevant and reliable evidence if the 
proceeding is one in which the operator of a motor vehicle, snowmobile, all-terrain 
vehicle or watercraft is alleged to have operated under the influence of intoxicating liquor 
or drugs and the court is satisfied that probable cause exists to believe that the operator 
committed the offense charged. 
Sec. 18. 17-A MRSA §1057, sub-§I, ~, as enacted by PL 1989, c. 917, §2, is 
amended to read: 
B. 
While under the influence of intoxicating liquor or drugs or a combination of 
liquor and drugs or with an excessive blood alcohol alcohol level, the person 
possesses a firearm in a licensed establishment. 
Sec. 19. 17-A MRSA §1057, sub-§4, as enacted by PL 1989, c. 917, §2, is 
amended to read: 
4. 
A law enforcement officer who has probable cause to believe that a person has 
violated subsection 1, paragraph B, may require that person to submit to chemical testing 
to determine blood alcohol an alcohol level or drug concentration. If the court is satisfied 
that the law enforcement officer had probable cause to believe that the defendant was in 
violation of subsection l,paragraph B, and that the person was informed of the 
requirement to submit to chemical testing, the person's failure to comply with the 
requirement to submit to chemical testing is admissible evidence on the issue of whether 
that person was under the influence of intoxicating I iquor or drugs. 
Sec. 20. 17-A MRSA §1057, sub-§5, as amended by PL 1995, c. 65, Pt. A, §57 
and affected by § 153 and Pt. C, § 15, is further amended to read: 
5. 
For purposes of this section, "under the influence of intoxicating liquor or drugs 
or a combination of liquor and drugs or with an excessive blood alcohol alcohol level" 
has the same meaning as "under the influence of intoxicants" as defined in Title 29-A, 
section 2401, subsection 13. "Excessive blood alcohol alcohol level" means 0.08% or 
more by ,>veight of alcohol in the blood an alcohol level of 0.08 grams or more of alcohol 
per 100 milliliters of blood or 210 liters of breath. 
Standards, tests and procedures 
applicable in determining whether a person is under the influence or has an excessive 
blood alcohol alcohol level within the meaning of this section are those applicable 
pursuant to Title 29-A, sections 2411 and 2431; except that the suspension of a permit to 
carry concealed firearms issued pursuant to Title 25, chapter 252, or of the authority of a 
private investigator licensed to carry a concealed firearm pursuant to Title 32, chapter 89, 
is as provided in those chapters. 
Sec. 21. 22 MRSA §567, sub-§I, as amended by PL 1999, c. 62, §3, is further 
amended to read: 
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1. Acceptable data. Except as provided in this subsection, 6 months after the 
adoption of rules specified in subsection 2, certification is required of any commercial, 
industrial, municipal, state or federal laboratory that analyzes water, soil, air, solid or 
hazardous waste, or radiological samples for the use of programs of the department or the 
Department of Environmental Protection, except as provided under chapter 411, the 
Maine Medical Laboratory Act; Title 26, chapter 7, subchapter m-A 3-A, Substance 
Abuse Testing; and Title 29-A, section 2524, administration of tests to determine hlee€l-
alcohol an alcohol level or drug concentration. 
A laboratory operated by a waste discharge facility licensed pursuant to Title 38, section 
may analyze waste discharges for total suspended solids, settleable solids, biological 
or biochemical oxygen demand, chemical oxygen demand, pH, chlorine residual, fecal 
coliform, E. coli, conductivity, color, temperature and dissolved oxygen without being 
certified under this section. The exception provided under this paragraph applies to a 
laboratory testing its own samples for pollutants listed in its permit or license; 
pretreatment samples; and samples from other wastewater treatment plants for up to 60 
days per year. The time period provided in this paragraph, which is a maximum period 
for each treatment plant for which analysis is provided, may be extended by 
memorandum of agreement between the Department of Environmental Protection and the 
Health and Environmental Testing Laboratory. 
Sec. 22. 24-A MRSA §2303-A, as amended by PL 1995, c. 65, Pt. A, §67 and 
affected by § 153 and Pt. C, § 15, is further amended to read: 
§2303-A. Surcharge 
Ne An insurer may not surcharge a motor vehicle insurance policy based on a motor 
vehicle operator's license suspension when that suspension is pursuant to Title 29-A, 
section 2472, subsection 3, paragraph B, except in accordance with this section. If the 
person had a blood alcohol an alcohol level of at least 0.05%, but less than 0.08% by 
wetgflt 0.05 grams or more of alcohol but less than 0.08 grams of alcohol per 100 
milliliters of blood or 210 liters of breath, the surcharge is limited to 20%. If the person 
had a blood alcohol an alcohol level of at least 0.02% but less than 0.05% by ].veight 0.02 
grams of alcohol but less than 0.05 grams of alcohol per 100 milliliters of blood or 210 
liters of breath, the surcharge is limited to 10%. If the policy covers multiple vehicles, 
the surcharge may be applied only to that portion of the rate attributable to a single 
vehicle. 
Sec. 23. 25 MRSA §1541, sub-§4-A, ~A, as enacted by PL 1999, c. 260, Pt. B, 
§2 and affected by § 18, is amended to read: 
A. 
Fingerprints and other criminal history record information pertinent to the 
identification of individuals who have been arrested as fugitives from justice or who 
have been arrested or charged with any criminal offense under the laws of this State 
except a violation of Title 12 or 29-A that is a Class D or E crime other than an 
alcohol-related or drug-related offense. For purposes of this paragraph, an "alcohol-
related or drug-related offense" is a Class D crime that involves hunting while under 
the influence of intoxicating liquor or drugs or with an excessive blood alcohol 
alcohol level or the operation or attempted operation of a motorcraft, all-terrain 
vehicle, snowmobile or motor vehicle while under the influence of intoxicating liquor 
or drugs or with an excessive blood alcohol alcohol level. The commanding officer 
may collect and maintain fingerprints and other criminal history record information 
that may be related to other criminal offenses or to the performance of the 
commanding officer's obligations under state laws and under agreements with 
agencies of the United States or any other jurisdiction; and 
Sec. 24. 25 MRSA §1547, as repealed and replaced by PL 1999, c. 260, Pt. B, § 17 
and affected by § 18, is amended to read: 
§1547. Courts to submit criminal records to the State Bureau ofldentification 
At the conclusion of a juvenile court proceed ing or at the conclusion of a prosecution 
for a criminal offense except a violation of Title 12 or Title 29-A that is a Class D or E 
crime other than a Class D crime that involves hunting while under the influence of 
intoxicating liquor or drugs or with an excessive blood alcohol alcohol level or the 
operation or attempted operation of a watercraft, all-terrain vehicle, snowmobile or motor 
vehicle while under the influence of intoxicating liquor or drugs or with an excessive 
blood alcohol alcohol level, the court shall transmit to the State Bureau of Identification 
an abstract duly authorized 011 forms provided by the bureau. 
Sec. 25. 25 MRSA §2005, sub-§l,~, as enacted by PL 1989, c. 917, §13, is 
amended to read: 
D. 
For conduct that occurred after a permit was issued, that the permit holder was 
convicted of operating a motor vehicle, snowmobile, A TV or watercraft while under 
the influence of intoxicating liquor or drugs or with an excessive blood alcohol 
alcohol level and, by a preponderance of the evidence, that at the time of the offense 
the permit holder was in possession of a loaded firearm; or 
Sec. 26. 26 MRSA §682, sub-§7, as amended by PL 2001, c. 556, §1 and PL 
2003, c. 689, Pt. B, §6, is further amended to read: 
7. Substance abuse test. "Substance abuse test" means any test procedure designed 
to take and analyze body fluids or materials from the body for the purpose of detecting 
the presence of substances of abuse. 
The term does not include tests designed to 
determine blood alcohol concentration the alcohol levels from a sample of an individual's 
breath. 
A. 
"Screening test" means an initial substance abuse test performed through the use 
of immunoassay technology, or a test technology of similar or greater accuracy and 
reliability approved by the Department of Health and Human Services under rules 
adopted under section 687, and that is used as a preliminary step in detecting the 
presence of substances of abuse. 
(1) A screening test of an applicant's urine or saliva may be performed at the 
point of collection through the use of a noninstrumented point of collection test 
device approved by the federal Food and Drug Administration. Section 683, 
subsection 5-A governs the use of such tests. 
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B. 
"Confirmation test" means a 2nd substance abuse test performed through the use 
of gas chromatography-mass spectrometry that is used to verify the presence of a 
substance of abuse indicated by an initial positive screening test result. 
(1) The Department of Health and Human Services may recommend to the joint 
standing committee of the Legislature having jurisdiction over labor matters that 
other testing technologies be authorized for use in confirmation tests if the 
department finds those technologies to be of equal or greater accuracy and 
reliability than gas chromatography-mass spectrometry. 
Sec. 27. 29-A MRSA §1253, sub-§2, ~, as enacted by PL 1993, c. 683, Pt. A, 
§2 and affected by Pt. B, §5, is amended to read: 
D. 
Protect public safety by removing from public ways a commercial driver who 
has: 
(1) Operated or attempted to operate a commercial vehicle while having M4% 
or more by ';veight of alcohol in that driver's blood an alcohol level of 0.04 grams 
or more of alcohol per 100 milliliters of blood or 210 liters of breath; 
(2) Refused to submit to or complete a lawfully requested test to determine 
blood alcohol that driver's alcohol level; or 
(3) Operated or attempted to operate a motor vehicle while under the influence 
of intoxicating liquor or drugs; and 
Sec. 28. 29-A MRSA §1253, sub-§5, as enacted by PL 1993, c~ 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read: 
5. Operation with an alcohol level of 0.04 grams or more or under the influence 
of intoxicating liquor or drugs. 
The Secretary of State shall suspend, without 
preliminary hearing, the commercial license of a person who has operated or attempted to 
operate a commercial motor vehicle while having 0.04% or more by ",,'eight of alcohol in 
the blood an alcohol level of 0.04 grams or more of alcohol per 100 milliliters of blood or 
liters of breath or while under the influence of intoxicating liquor or drugs. 
The period of suspension must satisfy the regulations adopted by the United States 
Secretary of Transportation under the Commercial Motor Vehicle Safety Act of 1986, 
Public Law 99-570, Title XII. 
Sec. 29. 29-A MRSA §1404, sub-§2, as amended by PL 2005, c. 606, Pt. B, §4, 
is further amended to read: 
2. Prior convictions. A person convicted of operating under the influence of 
intoxicating liquor or drugs or with an excessive blood alcohol alcohol level, as defined 
in section 2453, subsection 2, within 10 years of the date the license is issued, reissued or 
returned after a period of suspension bears a coded notation of that fact. 
The Secretary of State may, at the request of a licensee, remove the coded notation from 
the license of a person convicted for a first operating-under-the-influence offense as 
defined in section 2453, subsection 2 after 6 years from the date of the conviction if the 
person has not been convicted or adjudicated of the offense of speeding more than 15 
miles per hour over the maximum speed limit or any offense described under section 
2551-A, subsection 1, paragraph A or had a license suspended or revoked within that 6-
year period. 
Sec. 30. 29-A MRSA §1551, sub-§9, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. S, §5, is amended to read: 
9. om. "OUI" means operating under the influence of intoxicants or with an 
excessive blood alcohol alcohol level. 
Sec. 31. 29-A MRSA §1653, sub-§l, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. S, §5, is amended to read: 
1. Liability. An owner or person having control of a motor vehicle who, having 
knowledge or reason to know that a person is under the influence of intoxicating liquor or 
drugs or has a blood alcohol an alcohol level of .08% or more by '.veight of alcohol in the 
-hleed 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath, 
permits that person to operate that motor vehicle is jointly and severally liable with that 
person for damages caused by the negligence of the person. 
Sec. 32. 29-A MRSA §2401, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. S, §5, is amended to read: 
2. Alcohol level. 
"Blood alcohol Alcohol level" means a stated percentage by 
weight of alcohol in the blood, based on grams of alcohol per 100 milliliters of blood 
either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of 
breath. 
Sec. 33. 29-A MRSA §2401, sub-§3, as amended by PL 1995, c. 368, Pt. AAA, 
§3, is further amended to read: 
3. Chemical test or test. "Chemical test" or "test" means a test or tests used to 
determine blood alcohol alcohol level or drug concentration by analysis of blood, breath 
or urine. 
Sec. 34. 29-A MRSA§2401, sub-§8, as amended by PL 1995, c. 482, Pt. A, §26, 
is further amended to read: 
8. OUI. "OUI" means operating under the influence of intoxicants or with an 
excessive blood alcohol alcohol level under section 2411, 2453, 2454, 2456, 2457 or 
2472. 
Sec. 35. 29-A MRSA §2401, sub-§9, ~, as amended by PL 1995, c. 65, Pt. A, 
§ 113 and affected by § 153 and Pt. C, § 15, is further amended to read: 
E. 
In a tribal court of the Penobscot Nation or the Passamaquoddy Tribe, a court of 
the United States or a court of a state that is not a party to the compact, an offense for 
which punishment includes the possibility of incarceration, whether or not actually 
imposed, and the elements of the offense as provided in the law of that jurisdiction 
include operation of a motor vehicle while intoxicated, impaired or under the 
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influence of alcohol, intoxicating liquor or drugs or with a level of blood alcohol 
alcohol sufficient for conviction under the laws of that jurisdiction; or 
Sec. 36. 29-A MRSA §2404, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
§2404. Owner liable for damage by impaired operator 
An owner or person having control over a motor vehicle who, having knowledge or 
reason to know that a person under the influence of intoxicants has a blood alcohol an 
alcohol level of .08% or more by weight of alcohol in the blood 0.08 grams or more of 
alcohol per 100 milliliters of blood or 210 liters of breath, permits that person to operate 
that motor vehicle is jointly and severally liable with that person for damages caused by 
the negligence of the person. This section is not in deiOgation of, does not limit and does 
not diminish any cause of action or right of recovery that is or may become available 
under the common law. 
Sec. 37. 29-A MRSA §2411, sub-§l-A, .,-rA, as enacted by PL 2003, c. 452, Pt. 
Q, §78 and affected by Pt. X, §2, is amended to read: 
A. 
Operates a motor vehicle: 
(I) While under the influence of intoxicants; or 
(2) While having a blood alcohol an alcohol level of 0.08% or more 0.08 grams 
or more of alcohol per 100 milliliters of blood or 210 liters of breath; 
Sec. 38. 29-A MRSA §2411, sub-§l-A,~, as amended by PL 2005, c. 606, Pt. 
A, § 1, is further amended to read: 
D. 
Violates paragraph A, B or C and: 
(1) 
In fact causes serious bodily injury as defined in Title 17-A, section 2, 
subsection 23 to another person; 
(I-A) In fact causes the death of another person; or 
(2) Has either a prior conviction for a Class C crime under this section or former 
Title 29, section 1312-B or a prior criminal homicide conviction involving or 
resulting from the operation of a motor vehicle while under the influence of 
intoxicating liquor or drugs or with a blood alcohol an alcohol level of 0.08% or 
greater 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of 
breath. 
Sec. 39. 29-A MRSA §2411, sub-§2, as amended by PL 2003, c. 452, Pt. Q, §79 
and affected by Pt. X, §2, is further amended to read: 
2. Pleading and proof. The alternatives outlined in subsection I-A, paragraph A 
may be pleaded in the alternative. 
The State is not required to elect between the 
alternatives prior to submission to the fact finder. In a prosecution under subsection I-A, 
paragraph D, the State need not prove that the defendant's condition of being under the 
influence of intoxicants or having a blood alcohol an alcohol level of 0.08% or more 0.08 
grams or more of alcohol per 100 milliliters of blood or 210 liters of breath caused the 
serious bodily injury or death alleged. The State must prove only that the defendant's 
operation caused the serious bodily injury or death. The court shall apply Title 17-A, 
section 33 in assessing any causation under this section. 
Sec. 40. 29-A MRSA §241l, sub-§4, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read: 
4. Arrest. A law enforcement officer may arrest, without a warrant, a person the 
officer has probable cause to believe has operated a motor vehicle while under the 
influence of intoxicants if the arrest occurs within a period following the offense 
reasonably likely to result in the obtainihg of probative evidence of blood alcohol an 
a1cohollevel or drug concentration. 
Sec. 41. 29-A MRSA §241l, sub-§5, EjfA, as amended by PL 2003, c. 673, Pt. 
TT, §4, is further amended to read: 
A. 
For a person having no previous QUI offenses within a 10-year period: 
(1) 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 an alcohol level of 0.15% or 
mere 0.15 grams or more of alcohol per 100 milliliters of blood or 210 
liters of breath; 
(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; 
Sec. 42. 29-A MRSA §241l, sub-§7, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read: 
7. Surcharge. A surcharge must be charged for a conviction under this section. The 
surcharge is $30, except that, when the person operated or attempted to operate a motor 
vehicle while under the influence of drugs or a combination of liquor and drugs, the 
surcharge is $125. For the purposes of collection procedures, the surcharge is considered 
a fine. Notwithstanding section 2602, this surcharge accrues to the Highway Fund for the 
purpose of covering the costs associated with the administration and analysis of hlee€I-
alcohol alcohol level tests. 
Sec. 43. 29-A MRSA §2421, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read: 
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2. Seizure of vehicle of owner-operator. A motor vehicle operated by a sole owner 
is subject to seizure by a law enforcement officer when: 
A. 
The owner-operator operates or attempts to operate that .motor vehicle under the 
influence of intoxicating liquor or drugs or while having 0.08% of alcohol by '.veight 
in the blood an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of 
blood or 210 liters of breath; and 
B. 
The owner-operator is under suspension or revocation as a result of a previous 
conviction of operating under influence of alcohol or drugs or while having 0.08% of 
alcohol by ,veight in the blood an alcohol level of 0.08 grams or more of alcohol per 
milliliters of blood or 210 liters of breath. 
Sec. 44. 29-A MRSA §2431, sub-§l, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read: 
1. Test results. Test results showing ~ drug concentrations concentration or &J.ee6-
alcohol 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 alcohol level or drug concentration, unless the evidence is 
determined to be not sufficiently reliable. 
Sec. 45. 29-A MRS A §2431, sub-§2, 'TIA, as enacted by PL 1993, c. 683, Pt. A, 
§2 and affected by Pt. B, §5, is amended to read: 
A. 
A person certified in accordance with section 2524 conducting a chemical 
analysis of blood, breath or urine to determine blood alcohol an alcohol level or drug 
concentration may issue a certificate stating the results of the analysis. 
Sec. 46. 29-A MRS A §2431, sub-§2, ~C, 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, is further 
amended to read: 
C. 
A certificate issued in accordance with paragraph A or B, when duly signed and 
sworn, is prima facie evidence that: 
(1) 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 alcohol level or drug concentration in the blood of the 
defendant at the time the sample was taken was as stated in the certificate~ 
Sec. 47. 29-A MRS A §2431, sub-§2, 'TIG, as enacted by PL 1993, c. 683, Pt. A, 
§2 and affected by Pt. E, §5, is amended to read: 
G. 
The results of a self-contained breath-alcohol apparatus test is prima facie 
evidence of blood alcohol an alcohol level. 
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Sec. 48. 29-A MRS A §2432, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
§2432. Alcohol level; evidentiary weight 
1. Level less than 0.05 grams. If a person has a blood alcohol an alcohol level of 
0.05% or less 0.05 grams or less of alcohol per 100 milliliters of blood or 210 liters of 
breath, it is prima facie evidence that that person is not under the influence of alcohol. 
2. Level greater than 0.05 grams and less than 0.08 grams. If a person has a 
blood alcohol an alcohol level in excess of 0.05%, but less than 0.08% 0.05 grams of 
alcohol but less than 0.08 grams of alcohol per 100 milliliters of blood or 210 liters of 
breath, it is relevant evidence, but rot prima facie, indicating whether or not that person is 
under the influence of intoxicants to be considered with other competent evidence. 
3. Level of 0.08 grams or greater. In proceedings other than under section 2411, a 
person is presumed to be under the influence of intoxicants if that person has a blood 
alcohol an alcohol level of 0.08% or more 0.08 grams or more of alcohol per 100 
milliliters of blood or 210 liters of breath. 
Sec. 49. 29-A MRSA §2453, as amended by PL 2003, c. 434, §29 and affected by 
§37, is further amended to read: 
§2453. Suspension on administrative determination; excessive aIcohollevel 
1. Purpose. The purpose of this section is: 
A. 
To provide maximum safety for all persons who travel on or otherwise use the 
public ways; and 
B. 
To remove quickly from public ways those persons who have shown themselves 
to be a safety hazard by operating a motor vehicle with an excessive blood alcohol 
alcohol level. 
2. Definition. For the purposes of this section, "operating a motor vehicle with an 
excessive blood alcohol alcohol level" means operating a motor vehicle with a blood 
alcohol an alcohol level of 0.08% or more 0.08 grams or more of alcohol per 100 
milliliters of blood or 210 liters of breath. 
3. Suspension. The Secretary of State shall immediately suspend a license of a 
person determined to have operated a motor vehicle with an excessive hlood alcohol 
alcohol level. 
4. Drug and alcohol program. The Secretary of State may not suspend a license 
solely because a person has not satisfactorily completed an alcohol and drug program, as 
defined in subchapter II. This limitation does not affect statutory restoration authority. 
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5. Stay. If, within 10 days from the effective date of the suspension, the Secretary of 
State receives a request in writing for a hearing in accordance with section 2483, the 
suspension is stayed until a hearing is held and a decision is issued. 
6. Period of suspension. The following periods of suspension apply. 
A. 
The same suspension period applies as if the person were convicted ofOUI. 
C. 
If a person's license is also suspended for an our conviction arising out of the 
same occurrence, the period of time the license has been suspended under this section 
prior to the conviction must be deducted from the period of time of a court-imposed 
suspension. 
D. 
The period of suspension is a minimum and the Secretary of State may suspend 
the license for an additional period under section 2451, subsection 3. 
7. Restoration of license. The Secretary of State may issue a license or permit as 
follows. 
A. 
Restoration of any license or permit to operate, right to operate a motor vehicle 
and right to apply for or obtain a license suspended under this section must be in 
accordance with sections 2502 to 2506. 
8. Hearing. The scope of the hearing must include whether: 
A. 
The person operated a motor vehicle with an excessive blood alcohol alcohol 
level; and 
B. 
There was probable cause to believe that the person was operating a motor 
vehicle with an excessive blood alcohol alcohol level. 
Sec. 50. 29-A MRS A §2455, sub-§l, as amended by PL 1995, c. 645, Pt. B, §20, 
is further amended to read: 
1. Report by district attorney. The district attorney shall forward a report to the 
Secretary of State when any person is convicted of a criminal homicide or adjudicated to 
have committed a juvenile offense of criminal homicide as the result of that person's 
operation of a motor vehicle when: 
A. 
The person was operating under the influence of intoxicating liquor or drugs, or 
with a blood alcohol an alcohol level of 0.08% or greater 0.08 grams or more of 
alcohol per 100 milliliters of blood or 210 liters of breath; 
. 
B. 
The person had riot attained the legal drinking age and was operating a motor 
vehicle with any amount of alcohol in the blood an alcohol level of more than 0.00 
grams per 100 milliliters of blood or 210 liters of breath; 
C. 
There was probable cause to believe that the person was operating under the 
influence of intoxicating liquor or drugs and failed to comply with that person's duty 
to submit to and complete required chemical testing; or 
D. 
There was probable cause to believe that the person had not attained the legal 
drinking age and was operating a motor vehicle with any amount of alcohol in the 
hloed an alcohol level of more than 0.00 grams per 100 milliliters of blood or 210 
liters of breath and failed to comply with the duty to submit to and complete a test to 
determine blood alcohol alcohol level. 
Sec. 51. 29-A MRSA §2456, sub-§l, ~, as enacted by PL 1993, c. 683, Pt. A, 
§2and affected by Pt. B, §5, is amended to read: 
B. 
While having a blood alcohol an alcohol level of 0.08% or more more than 0.08 
grams per 100 milliliters of blood or 210 liters of breath; or 
Sec. 52. 29-A MRSA §2456, sub-§3, ~, as enacted by PL 1993, c. 683, Pt. A, 
§2 and affected by Pt. B, §5, is amended to read: 
B. 
The person, at that time, had an excessive blood alcohol alcohol level, or was 
under the influence of intoxicants or may be penalized for failure to submit to 
required chemical testing; and 
Sec. 53. 29-A MRSA §2457, sub-§l, €jiB, as amended by PL 1995, c. 368, Pt. 
AAA, §20, is further amended to read: 
B. 
As the Secretary of State determines, has operated a motor vehicle while having 
any amount of alcohol in the blood an alcohol level of more than 0.00 grams per 100 
milliliters of blood or 210 liters of breath. 
Sec. 54. 29-A MRSA §2457, sub-§2, as amended by PL 1995, c. 368, Pt. AAA, 
§21, is further amended to read: 
2. Duty to submit to test. A person who operates a motor vehicle with a conditional 
license shaH submit to a test if there is probable cause to believe that person' holds a 
conditional license and operated a motor vehicle with any amount of alcohol in the blood 
an alcohol level of more than 0.00 grams per 100 milliliters of blood or 210 liters of 
breath. The other provisions of subchapter I¥ 1. apply, except the suspension must be for 
a period of not less than 2 years. 
Sec. 55. 29-A MRSA §2457, sub-§3, ~C, as enacted by PL 1993, c. 683, Pt. A, 
§2 and affected by Pt. B, §5, is amended to read: 
C. 
If a person is determined to have operated a motor vehicle with a blood alcohol 
an alcohol level of 0.08% or more 0.08 grams or more of alcohol per 100 milliliters 
of blood or 210 liters of breath and both this section and section 2453 apply, the 
longer period of suspension applies. 
Sec. 56. 29-A MRSA §2457, sub-§4, as amended by PL 1995, c. 368, Pt. AAA, 
§22, is further amended to read: 
4. Hearing; stay; issues. If a hearing is requested in accordance with section 2483, 
the suspension under subsection 1, paragraph B is stayed pending the outcome of the 
hearing. The scope of the hearing must include whether: 
A. 
The person operated a motor vehicle with any amount of alcohol in the blood an 
alcohol level of more than 0.00 grams per 100 miHiliters of blood or 210 liters of 
breath; 
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B. 
There was probable cause to believe that the person was operating with aHj' 
amount of aloohol in the blood an alcohol level of more than 0.00 grams per 100 
milliliters of blood or 210 liters of breath; and 
C. 
The person held a conditional license. 
Sec. 57. 29-A MRSA §2472, sub-§l, as amended by PL 2005, c. 433, §26 and 
affected by §28, is further amended to read: 
1. Licensee not yet 21 years of age. A license issued to a person who has not yet 
attained the age of 21 years is a provisional license for a period of 2 years following the 
date of issue or until the holder attains 21 years of age, whichever occurs last. That 
license remains in force as a nonprovisional license to the next normal expiration date. A 
license issued by another jurisdiction to a person who has not yet attained the age of 21 
years is a provisional license for the purpose of operating a motor vehicle within this 
State. 
A license of a person who has not yet attained 21 years of age includes the condition that 
the person not operate a motor vehicle with any amount of aloohol in the blood an alcohol 
level of more than 0.00 grams per 100 milliliters of blood or 210 liters of breath. When a 
person who has not yet attained 21 years of age operates a motor vehicle with any amount 
of aloohol in the blood an alcohol level of more than 0.00 grams per 100 milliliters of 
blood or 210 liters of breath, the provisions of section 1251, subsection 1, paragraph B 
apply. 
Sec. 58. 29-A MRS A §2472, sub-§3, as amended by PL 1997, c. 737, § 17, is 
further amended to read: 
3. Suspension for ~UI conviction or certain aIcohollevel. The Secretary of State 
shall suspend, without preliminary hearing, a juvenile provisional license of a person 
who: 
A. 
Receives an OUI conviction; or 
B. 
Operates a motor vehicle with any amount of aloohol in the blood an alcohol 
level of more than 0.00 grams per 100 milliliters of blood or 210 liters of breath. 
Sec. 59. 29-A MRSA §2472, sub-§3-A, as enacted by PL 1997, c. 737, §18, is 
amended to read: 
3-A. 
Juvenile provisional license; suspension for ~UI conviction or certain 
aIcohollevel. Unless a longer period of suspension applies, the Secretary of State shall 
suspend, without a preliminary hearing, a juvenile provisional license pursuant to 
subsection 3 for the following periods: 
A. 
One year for a first offense; and 
B. 
Two years for a 2nd offense. 
If the Secretary of State determines that the person operated the motor vehicle at the time 
of the offense with a passenger under 21 years of age, an additional suspension period of 
days must be imposed. 
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Sec. 60. 29-A MRSA §2472, sub-§4, as amended byPL 1997, c. 737, §19, is 
further amended to read: 
4. Duty to submit to test. A person under 21 years of age who operates a motor 
vehicle shall submit to a chemical test ifthere is probable cause to believe that person has 
operated a motor vehicle with any amount of alcohol in the blood an alcohol level of 
more than 0.00 grams per 100 milliliters of blood or 210 liters of breath. The provisions 
of subchapter I¥ 1. apply, except the suspension is: 
A. 
Eighteen months for the first refusal; and 
B. 
Thirty months for a 2nd or subsequent refusal. 
If the Secretary of State determines that the person operated the motor vehicle at the time 
of the offense with a passenger under 21 years of age, an additional suspension period of 
days must be imposed. 
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Sec. 61. 29-A MRS A §2472, sub-§5, ~A, as amended by PL 1995, c. 26, §2, is 
further amended to read: 
A. 
There was probable cause to believe that the person was under 21 years of age 
and operated a motor vehicle with any amount of alcohol in the blood an alcohol 
level of more than 0.00 grams per 100 milliliters of blood or 210 liters of breath; 
Sec. 62. 29-A MRSA §2472, sub-§5, €jfB, as amended by PL 1995, c. 26, §2, is 
further amended to read: 
B. 
The person operated a motor vehicle with any amount of alcohol in the blood an 
alcohol level of more than 0.00 grams per 100 milliliters of blood or 210 liters of 
breath; and 
Sec. 63. 29-A MRS A §2481, sub-§l, as corrected by RR 1995, c. 2, §73, is 
amended to read: 
1. Report of officer. A law enforcement officer who has probable cause to believe a 
person has violated the terms of a conditional driver's license, commercial driver's license 
or provisional license or committed an QUI offense shall send to the Secretary of State a 
report of all relevant information, including, but not limited to, the following: 
A. 
Information adequately identifying the person charged; 
B. 
The ground that the officer had for probable cause to believe that the person 
violated the terms of a conditional driver's license, commercial driver's license or 
provisional license or committed an QUI offense; 
C. 
A certificate of the results of blood alcohol alcohol level tests conducted on a 
self-contained breath-alcohol testing apparatus; and 
D. 
If a person fails to submit to a test, the law enforcement officer's report may be 
limited to a written statement under oath stating that the officer had probable cause to 
believe that the person violated the terms of a conditional driver's license, commercial 
driver's license or provisional license, or committed an QUI offense and failed to 
submit to a test. 
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The report must be under oath and on a form approved by the Secretary of State. 
If the blood alcohol alcohol level test was not ilnalyzed by a law enforcement officer, the 
person who analyzed the results shall send a copy of that certificate to the Secretary of 
State. 
Sec. 64. 29-A MRSA §2482, sub-§2, W, as amended by PL 1997, c. 776, §50, 
is further amended to read: 
F. 
If the suspension or revocation is based on a report under section 2481, that a 
copy of the report of the law enforcement officer and any blood alcohol alcohol test 
certificate will be provided to the person upon request to the Secretary of State. 
Sec. 65. 29-A MRSA §2506, as amended by PL 2001, c. 671, §31, is further 
amended to read: 
§2506. Conditional license 
A license, including a nonresident's operating privilege, issued to a person with an 
OUI conviction must be issued on the condition that the person not operate a motor 
vehicle with any amount of alcohol in the person's blood an alcohol level of more than 
0.00 grams per 100 milliliters of blood or 210 liters of breath for the following periods 
from the license reinstatement date: on first conviction, one year; and on a 2nd or 
subsequent conviction, 10 years. The provisions of sections 1251, subsection 1 and 2457 
apply. 
Sec. 66. 29-A MRSA §2521, sub-§l, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read: 
1. Mandatory submission to test. Ifthere is probable cause to believe a person has 
operated a motor vehicle while under the influence of intoxicants, that person shall 
submit to and complete a test to determine blood alcohol an alcohol level and drug 
concentration by analysis of blood, breath or urine. 
Sec. 67. 29-A MRSA §2522, sub-§l, as amended by PL 2003, c. 565, § 1, is 
further amended to ryad: 
1. Mandatory submission to test. If there is probable cause to believe that death 
has occurred or will occur as a result of an accident, an operator of a motor vehicle 
involved in the motor vehicle accident shall submit to a chemical test, as defined in 
section 2401, subsection 3, to determine blood alcohol an alcohol level or drug 
concentration in the same manner as for OUI. 
Sec. 68. 29-A MRSA §2523, sub-§l, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read: 
1. Mandatory submission to test. A person who operates a commercial motor 
vehicle shall submit to a test to determine the blood alcohol that person's alcohol level or 
drug concentration if there is probable cause to believe that the person has operated a 
commercial motor vehicle while having a blood alcohol an alcohol level of 0.04% or 
mere 0.04 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath or 
while under the influence of drugs. 
. 
Sec. 69. 29-A MRSA §2523, sub-§3, ,A, as enacted by PL 1993, c. 683, Pt. A, 
§2 and affected by Pt. B, §5, is amended to read: 
A. 
There is probable cause to believe the person operated a commercial motor 
vehicle while under the influence of drugs or with a blood aloohol an alcohol level of 
.04% or more by 'Neight of aloohol 0.04 grams or more of alcohol per 100 milliliters 
of blood or 210 liters of breath; 
Sec. 70. 29-A MRSA §2524, sub-§4, 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, is further amended 
to read: 
4. Chemical tests on breath and urine specimens. A sample specimen of breath or 
urine may be submitted to the Department of Health and Human Services or a person 
certified by the Department of Health and Human Services for the purpose of conducting 
chemical tests to determine blood aloohol alcohol level or drug concentration. 
Sec. 71. 29-A MRSA §2524, sub-§5, 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, is further amended 
to read: 
5. Equipment for taking specimens. Only equipment having a stamp of approval 
affixed by the Department of Health and Human Services may be used to take a sample 
specimen of breath or urine, except that a self-contained, breath-alcohol testing apparatus 
if reasonably available may be used to determine the bloodaloohol alcohol level. 
Approved testing apparatus must have a stamp of approval affixed by the Department of 
Health and Human Services after periodic testing. That stamp is valid for no more than 
one year. 
SUMMARY 
Current law regarding operating while under the influence of alcohol specifies, in 
most occurrences, a blood-alcohol level. This bill clarifies that the presence and level of 
alcohol may be determined by using breath or blood testing. 
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