An Act To
Maine Legislature, Session 126, LD 1590
Committee Amendment CA_A_H614 (House)
Amends: 29-A MRSA §2401, 29-A MRSA §2411, 29-A MRSA §2431, 29-A MRSA §2432, 29-A MRSA §2521, 29-A MRSA §2522, 29-A MRSA §2523, 29-A MRSA §2524, 29-A MRSA §2528

COMMITTEE AMENDMENT" A" to H.P. 1161, L.D. 1590, Bill, "An Act To 
Amend the Operating-under-the-influence Laws" 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 29-A MRSA §2401, sub-§3, as amended by PL 2009, c. 447, §33, is 
further amended to read: 
3. Chemical test or test. "Chemical test" or "test" means a test or tests used to 
determine alcohol level or the presence of a drug concentration or drug metabolite by 
analysis of blood, breath or urine. 
Sec. 2. 29-A MRSA §2411, sub-§4, as amended by PL 2009, c. 447, §40, is 
further 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 tmder the 
influence of intoxicants if the arrest occurs within a period following the offense 
reasonably likely to result in the obtaining of probative evidence of an alcohol level or the 
presence of a drug concentration or drug metabolite. 
Sec. 3. 29-A MRSA §2431, sub-§2, as amended by PL 2009, c. 447, §§45 to 47, 
is further amended to read: 
2. Analysis of blood, breath and urine. The following provisions apply to the 
analysis of blood, breath and urine, and the use of that analysis as evidence. 
A. 
A person certified in accordance with section 2524 conducting a chemical 
analysis of blood, breath or urine to determine an alcohol level or the presence of a 
drug concentration or drug metabolite may issue a certificate stating the results of the 
analysis. 
B. A person qualified to operate a self-contained, breath-alcohol testing apparatus 
may issue a certificate stating the results of the analysis. 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT"~"tOH.P.1161'L.D.1590 
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) Eqaipm@flt, eh.6mieals afld otH@r materials Materials used in the taking of the 
specimen were of a quality appropriate for the purpose of producing reliable test 
results as determined by the Department of Health and Human Services; 
(3) Eql:lipm6flt, eh.6mieals or materials 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 alcohol level or the presence of a drug eOfle@fltratiofl or drug metabolite 
in the blood or urine of the defendant at the time the sample was taken was as 
stated in the certificate. 
D. With 10 days written notice to the prosecution, the defendant may request that a 
qualified witness testify to the matters of which the certificate constitutes prima facie 
evidence. The notice must specify those matters concerning which the defendant 
requests testimony. The certificate is not prima facie evidence of those matters. 
E. A person drawing a specimen of blood may issue a certificate that states that the 
person is in fact dl:lly lieeflsed or eertified qualified under section 2524 and that the 
proper procedure for drawing a specimen of blood was followed. That certificate, 
when signed and sworn to by the person, is prima facie evidence of its contents 
unless, with 10 days' written notice to the prosecution, the defendant requests that the 
person testify. 
F. Evidence that the breath. or urine sample was in a sealed carton bearing the 
Department of Health and Human Services' stamp of approval is prima facie evidence 
that the equipment was approved by the Department of Health and Human Services. 
G. 
The results of a self-contained breath-alcohol apparatus test is prima facie 
evidence of an alcohol level. 
H. Evidence that the self-contained breath-alcohol testing equipment bearing the 
Department of Health and Human Services' stamp of approval is prima facie evidence 
that the equipment was approved by the Department of Health and Human Services. 
1. Evidence that materials used in operating or checking the operation of the self-
contained breath-alcohol testing equipment bore a statement of the manufacturer or of 
the Department of Health and Human Services is prima facie evidence that the 
materials were of the composition and quality stated. 
J. Transfer of sample specimens to and from a laboratory for purposes of analysis by 
certified or registered mail complies with all requirements regarding the continuity of 
custody of physical evidence. 
K. 
The prosecution is not required to produce expert testimony regarding the 
functioning of self-contained breath-alcohol testing apparatus before test results are 
admissible, if sufficient evidence is offered to satisfy paragraphs H and I. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "fJt,. to H.P. 1161. L.D. 1590 
Sec. 4. 29-A MRSA §2432, sub-§4, as enacted by PL 2011, c. 335, §4, is 
amended to read: 
4. Confirmed presence of drug or drug metabolite. If a person has a trace amount 
of any drug or the metabolites of any drug at detectable concentration levels within the 
person's blood or urine in accordance with the drug reporting rules, standards, procedures 
and protocols adopted by the Department of Health and Human Services, it is admissible 
evidence, but not prima facie, indicating whether that person is under the influence of 
intoxicants to be considered with other competent evidence, including evidence of 
alcohol level.' 
Amend the bill by inserting after section 2 the following: 
'Sec. 3. 29-A MRSA §2521, sub-§l, as amended by PL 2009, c. 447, §66, is 
further amended to read: 
1. Mandatory submission to test. If there 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 an alcohol level and the presence of a drug 
concentration or drug metabolite by analysis of blood, breath or urine. 
Sec. 4. 29-A MRSA §2521, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
2. Type of test. A law enforcement officer shall administer a breath test unless, in 
that officer's detennination, a breath test is unreasonable. 
The law enforcement officer may detennine v/hich type of breath test is to be 
administered. 
Another If a breath test is detennined to be unreasonable, another chemical test must be 
administered in place of a breath test. 
For a blood test the operator may choose a physician, if reasonably available. 
Sec. 5. 29-A MRSA §2522, sub-§l, as amended by PL 2009, c. 447, §67, is 
further amended to read: 
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 an alcohol level or the presence of a drug 
concentration or drug metabolite in the same manner as for OUl. 
Sec. 6. 29-A MRSA §2523, sub-§l, as amended by PL 2009, c. 447, §68, is 
further amended to read: 
1. Mandatory submission to test. A person who operates a commercial motor 
vehicle shall submit to a test to detennine that person's alcohol level or the presence of a 
drug concentration or drug metabolite if there is probable cause to believe that the person 
has operated a commercial motor vehicle while having an alcohol level of 0.04 grams or 
more of alcohol per 100 milliliters of blood or 210 liters of breath or while under the 
influence of drugs. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A"to H.P. 1161, L.D. 1590 
Sec. 7. 29-A MRSA §2524, as amended by PL 2009, c. 447, §§70 and 71, is 
further amended to read: 
§2524. Administration of tests 
1. Persons qualified to draw blood for blood tests. Only a physician, registered 
physician's assistant, registered nurse, or person whose occupational license or training 
allows that person to draw blood samples or a persoa certified by the Departffleat of 
Health aad Hufflaa Services may draw a specimen of blood for the purpose of 
determining the blood-alcohol level or the presence of a drug coaceatratioa or drug 
metabolite. 
2. Persons qualified to analyze blood for blood tests. A person conducting an 
analysis of blood-alcohol level or the presence of a drug coaceatratioa or drug metabolite 
must be certified by the Department of Health and Human Services. 
3. Persons qualified to operate and analyze breath tests. A person certified by the 
Maine Criminal Justice Academy as qualified to operate an approved self-contained, 
breath-alcohol testing apparatus may operate an apparatus to collect and analyze a sample 
specimen of breath. 
4. Chemical tests on blood and urine specimens. A sample specimen of 13reath 
blood 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 detennine alcohol level or the presence of a drug 
coaceatratioa or drug metabolite. 
5. Equipment for taking specimens. Galy equipffleat For purposes of this section, 
only collection kits having a stamp of approval affixed by the Department of Health and 
Human Services may be used to take a sample specimen of breath blood or urine, except 
that a self-contained, breath-alcohol testing apparatus if reasonably available may be used 
to determine the alcohol level. 
Approved breath-alcohol 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. 
6. Procedures for operation and testing of testing apparatus. The Department of 
Health and Human Services shall establish, by rule, the procedures for the operation and 
testing of testing apparatus. 
Sec. 8. 29-A MRSA §2528, 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: 
§2528. Liability 
A physician, physician's assistant, registered nurse, person certified by the 
Departffleat of Health and lfum:an Services whose occupational license or training allows 
that person to draw blood, hospital or other health care provider in the exercise of due 
care is not liable for an act done or omitted in collecting or withdrawing specimens of 
blood at the request of a law enforcement officer pursuant to this chapter.' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "4: to H.P. 1161, L.D. 1590 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment does the following: 
1. It removes references to "breath" from the evidentiary rules because police no 
longer use balloon kits for breath analysis; police now use a self-contained, breath-
alcohol testing apparatus; 
2. It amends the law governing the administration of tests for the presence of drugs 
to remove antiquated references to drug "concentrations" and replace them with "the 
presence of drugs or drug metabolites." The inclusion of metabolites conforms this 
section oflaw with other laws pertaining to drug testing; and 
3. It removes a reference to the Department of Health and Human Services in the 
statute that provides liability protection for people who draw blood at the request of a law 
enforcement officer because the department no longer certifies this group of people. It 
also explicitly provides liability protection for people whose occupational license or 
training allows them to draw blood. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 02/07/14 
~ac.. 
LD 1590 
LR 2688(02) 
An Act To Amend the Operating-under-the-influence Laws 
Fiscal Note for Bill as Amended by Committee Amendment if ( H -b I ~ 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor revenue decrease - Highway Fund 
This bill corrects PL 2013, c. 389 by eliminating the $100 reinstatement fee for a person who installs an ignition 
interlock device, reducing the fee to $50 as intended when the legislation passed. Since the Secretary of State has 1 
to charge the higher fee in accordance with current law, a minor reduction in Highway Fund revenue may occur. 
LR2688(02) - Fiscal Note - Page 1 of 1