An Act To Strengthen the Laws on Operating a Motor Vehicle under the Influence of Intoxicants
Maine Legislature, Session 127, LD 1628
Committee: Criminal Justice and Public Safety
Amends: 5 MRSA §20071, 29-A MRSA §2401, 29-A MRSA §2432, 29-A MRSA §2432-A, 29-A MRSA §2472, 29-A MRSA §2503

Legislative Document 
No. 1628 
S.P. 661 
In Senate, March 1, 2016 
An Act To Strengthen the Laws on Operating a Motor Vehicle 
under the Influence of Intoxicants 
Reported by Senator ROSEN of Hancock for the Joint Standing Committee on Criminal 
Justice and Public Safety pursuant to Joint Order 2015, S.P. 631. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed pursuant to Joint Rule 218. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §20071, sub-§1, as amended by PL 1999, c. 448, §1, is further 
amended to read: 
1.  Alcohol-related or other drug-related motor vehicle incident.  "Alcohol-related 
or other drug-related motor vehicle incident" means a conviction or administrative action 
resulting in the suspension of a motor vehicle operator's license for a violation under 
former Title 29, section 1311-A; Title 29, section 1312, subsection 10-A; Title 29, section 
1312-C; Title 29, section 1312-B; Title 29, section 1313-B; Title 29, section 2241, 
subsection 1, paragraph N; Title 29, section 2241-G, subsection 2, paragraph B, 
subparagraph (2); Title 29, section 2241-J; Title 29-A, section 1253; Title 29-A, section 
2411; Title 29-A, section 2453; Title 29-A, section 2454, subsection 2; Title 29-A, 
section 2456; Title 29-A, section 2457; Title 29-A, section 2472, subsection 3, paragraph 
paragraphs B, C and D and subsection 4; Title 29-A, section 2503; Title 29-A, sections 
2521 to 2523; or Title 29-A, section 2525 or the rules adopted by the Department of the 
Secretary of State for the suspension of commercial drivers' licenses. 
Sec. 2.  29-A MRSA §2401, sub-§12-A is enacted to read: 
12-A.  THC level.  "THC level" means the amount, in nanograms, of delta-9-
tetrahydrocannabinol contained in a milliliter of blood. 
Sec. 3.  29-A MRSA §2432, as amended by PL 2013, c. 459, §4, is further 
amended to read: 
§2432.  Alcohol level; THC level; confirmed positive drug or metabolite test results; 
evidentiary weight 
1.  Level less than 0.05 grams.  If a person has 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 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 an 
alcohol level in excess of 0.05 grams of alcohol but less than 0.08 grams of alcohol per 
milliliters of blood or 210 liters of breath, it is admissible evidence, but not prima 
facie, indicating whether or not that person is under the influence of intoxicants to be 
considered with other competent evidence, including evidence of a confirmed positive 
drug or metabolite test result. 
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 an alcohol 
level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath. 
4.  Confirmed presence of drug or drug metabolite.  If a person has a trace amount 
of any drug or the metabolites of any drug 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. 
5.  THC level of 5 nanograms or greater.  Proof that a person has a THC level of 5 
nanograms or more gives rise to a permissible inference under the Maine Rules of 
Evidence, Rule 303 that the person is under the influence of intoxicants. 
6.  Level of THC and alcohol in combination.  Proof that a person has a THC level 
of 2 nanograms or more and an alcohol level of 0.05 grams or more of alcohol per 100 
milliliters of blood or 210 liters of breath gives rise to a permissible inference under the 
Maine Rules of Evidence, Rule 303 that the person is under the influence of intoxicants. 
Sec. 4.  29-A MRSA §2432-A is enacted to read: 
§2432-A.  Preliminary breath testing devices 
1.  Use of preliminary breath testing devices permitted.  A law enforcement 
officer who possesses basic certification as a full-time law enforcement officer pursuant 
to Title 25, section 2804-C, subsection 1 who reasonably believes that a person has been 
operating a motor vehicle under the influence of intoxicants may request, without making 
an arrest, that the person submit to a preliminary breath test to determine the person's 
alcohol level, which, in addition to other relevant evidence, the officer may use to 
determine whether there is probable cause to believe that person was operating a motor 
vehicle while under the influence of intoxicants. 
2.  Approved devices; training.  A law enforcement officer may administer a 
preliminary breath test only using a preliminary breath testing device that has been 
approved by the National Highway Traffic Safety Administration and evaluated by the 
Department of Health and Human Services.  Prior to administering a preliminary breath 
test using an approved device, an officer must be properly trained in the use of the device 
through a training course approved by the Board of Trustees of the Maine Criminal 
Justice Academy. 
3.  Admissibility of results.  A result of a test administered pursuant to this section is 
admissible in evidence in any court or administrative hearing in determining whether 
there is probable cause to believe a person was operating a motor vehicle while under the 
influence of intoxicants. 
4.  Failure as evidence.  Failure of a person to submit to a preliminary breath test is 
not admissible in evidence on the issue of whether a person was operating under the 
influence of intoxicants.  Any other evidence bearing on the issue of whether the person 
was operating under the influence of intoxicants is admissible, even if a person fails to 
submit to a preliminary breath test or the results of such a test are not available for any 
reason. 
5.  Preliminary breath test not mandatory; subsequent test for intoxicants 
permitted.  A preliminary breath test is not mandatory, and a law enforcement officer's 
request to submit to such a test may be declined.  A person who submits to a preliminary 
breath test is not relieved of the duty to submit to and complete a further test pursuant to 
subchapter 4. 
Sec. 5.  29-A MRSA §2472, as amended by PL 2013, c. 496, §16, is further 
amended to read: 
§2472.  Juvenile provisional license 
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 an alcohol level of more than 0.00 grams per 
milliliters of blood or 210 liters of breath.  When a person who has not yet attained 
years of age operates a motor vehicle with 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. 
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 a THC level of more than 0.00 nanograms.  
When a person who has not yet attained 21 years of age operates a motor vehicle with a 
THC level of more than 0.00 nanograms, the provisions of section 1251, subsection 1, 
paragraph B apply, except that it is an affirmative defense that the THC level resulted 
from marijuana use in compliance with Title 22, chapter 558-C. 
2.  Suspension terms for moving violations.  If a person who has not yet attained 
the age of 21 years is convicted or adjudicated of a moving motor vehicle violation that 
occurred within 2 years from the date of issue of a juvenile provisional license, the 
Secretary of State shall suspend the license: 
A.  For 30 days on the 1st offense; 
B.  For 180 days on the 2nd offense; and 
C.  For one year on the 3rd or subsequent offense. 
If requested, the Secretary of State shall provide an opportunity for hearing on the 
suspension as soon as practicable. After hearing, the Secretary of State, for good cause 
shown, may continue, modify or rescind the suspension.  An individual who has not yet 
attained the age of 18 years does not have a right to a hearing. 
2-A.  Driver improvement program.  A person whose license is suspended pursuant 
to subsection 2 shall complete a minimum of 4 hours of a driver improvement program 
approved by the Secretary of State before the suspension may be terminated. 
2-B.  Reexamination.  The holder of a juvenile provisional license convicted of an 
offense listed in section 2551-A, subsection 1, paragraph A, as limited by section 2551-A, 
subsection 3, must successfully complete an examination pursuant to section 1301, 
subsection 4 as prescribed by the Secretary of State within 90 days after that license is 
restored.  Failure to successfully complete the examination results in a subsequent 
suspension. 
3.  Suspension for OUI conviction, certain alcohol or THC level or operating 
under the influence of drugs.  The Secretary of State shall suspend, without preliminary 
hearing, a juvenile provisional license of a person who: 
A.  Receives an OUI conviction;  
B.  Operates a motor vehicle with an alcohol level of more than 0.00 grams per 100 
milliliters of blood or 210 liters of breath; or 
C.  Operates a motor vehicle under the influence of drugs.; or 
D.  Operates a motor vehicle with a THC level of more than 0.00 nanograms unless 
the person demonstrates that the THC level resulted from marijuana use in 
compliance with Title 22, chapter 558-C. 
3-A.  Juvenile provisional license; suspension for OUI conviction or certain 
alcohol or THC level.  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. 
4.  Duty to submit to test.  A person under 21 years of age who operates a motor 
vehicle shall submit to a chemical test if there is probable cause to believe that person has 
operated a motor vehicle with an alcohol level of more than 0.00 grams per 100 milliliters 
of blood or 210 liters of breath or with a THC level of more than 0.00 nanograms or 
while under the influence of a specific category of drug, a combination of specific 
categories of drugs or a combination of alcohol and one or more specific categories of 
drugs.  The provisions of subchapter 4 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. 
5.  Hearing; stay; issues.  If a hearing is requested in accordance with section 2483, 
the suspension under subsection 3, paragraph B or, C or D is stayed pending the outcome 
of the hearing.  The scope of a hearing must include whether: 
A.  There was probable cause to believe that the person was under 21 years of age 
and operated a motor vehicle with an alcohol level of more than 0.00 grams per 100 
milliliters of blood or 210 liters of breath or with a THC level of more than 0.00 
nanograms or while under the influence of a specific category of drug, a combination 
of specific categories of drugs or a combination of alcohol and one or more specific 
categories of drugs; 
B.  The person operated a motor vehicle with an alcohol level of more than 0.00 
grams per 100 milliliters of blood or 210 liters of breath or with a THC level of more 
than 0.00 nanograms unless the person demonstrates that the THC level resulted from 
marijuana use in compliance with Title 22, chapter 558-C or with a confirmed 
positive blood or urine test for a drug or its metabolite and was under the influence of 
the confirmed drug; and 
C.  The person was under 21 years of age. 
6.  Restoration of license.  If a person's license has been suspended under subsection 
for a first offense, the Secretary of State may issue a license if: 
A.  One half of the suspension period has expired; and 
B.  The Secretary of State has received notice that the person has completed the 
alcohol and other drug program of the Department of Health and Human Services. 
A 2nd or subsequent offender may be issued a license following the completion of the 
period of suspension if the Secretary of State has received notice that the person has 
completed the alcohol and other drug program of the Department of Health and Human 
Services. 
7.  Reinstatement fee for suspensions for major offenses.  Before a suspension 
issued to the holder of a license issued pursuant to this section resulting from a conviction 
or adjudication listed in section 2551-A, subsection 1, paragraph A, as limited by section 
2551-A, subsection 3, is terminated and a license reinstated, a fee of $200 must be paid to 
the Secretary of State and the holder must complete any community service imposed by a 
court, up to 60 hours. 
Sec. 6.  29-A MRSA §2503, sub-§1, as amended by PL 2011, c. 335, §12, is 
further amended to read: 
1.  Administrative suspension; work-restricted license.  On receipt of a petition for 
a work-restricted license from a person under suspension pursuant to section 2453, 
section 2453-A or section 2472, subsection 3, paragraph B or, C or D for a first offense, 
the Secretary of State may stay a suspension during the statutory suspension period and 
issue a work-restricted license, if the petitioner shows by clear and convincing evidence 
that: 
A.  As determined by the Secretary of State, a license is necessary to operate a motor 
vehicle: 
 (1)  Between the residence and a place of employment or in the scope of 
employment, or both; or 
 (2)  Between the residence and an educational facility attended by the petitioner 
if the suspension is under section 2472, subsection 3, paragraph B or, C or D for 
a first offense; 
B.  No alternative means of transportation is available; and 
C.  The petitioner has not, within 10 years, been under suspension for an OUI offense 
or pursuant to section 2453 or 2453-A. 
SUMMARY 
This bill contains the recommendations of the majority of the Working Group on 
Marijuana and Driving that was convened in 2015 by the Secretary of State.  This bill is 
submitted by the Joint Standing Committee on Criminal Justice and Public Safety in 
order to begin consideration by the committee of the recommendations of the working 
group.  The bill does the following: 
1.  It establishes a permissible inference of operating under the influence of 
intoxicants when a person operates a motor vehicle and has a level of delta-9-
tetrahydrocannabinol, or THC, of 5 nanograms or more per milliliter of blood; 
2.  It establishes a permissible inference of operating under the influence of 
intoxicants when a person operates a motor vehicle and has a level of THC of 2 
nanograms or more per milliliter of blood and an alcohol level of 0.05 grams or more of 
alcohol per 100 milliliters of blood or 210 liters of breath; 
3.  It establishes a 0.00 nanogram level for THC for a person under 21 years of age 
and provides an affirmative defense for marijuana use in compliance with the Maine 
Medical Use of Marijuana Act; and 
4. It permits a qualified law enforcement officer, without making an arrest, to request 
that a person who the officer reasonably believes has been operating under the influence 
take a preliminary breath test for alcohol level and allows the results to be used to 
determine whether there is probable cause to believe the person was operating under the 
influence.