An Act To Bring Maine's Laws Concerning Implied Consent in Operating a Motor Vehicle into Compliance with Recent Opinions of the United States Supreme Court
Maine Legislature, Session 129, LD 0762
Committee Amendment CA_A_H284 (House)
Amends: 29-A MRSA §2401, 29-A MRSA §2411, 29-A MRSA §2521

FffiST REGULAR SESSION 
COMMITTEE AMENDMENT .. JI" to H.P. 567, L.D. 762, Bill, "An Act To Bring 
Maine's Laws Concerning Implied Consent in Operating a Motor Vehicle into 
Compliance with Recent Opinions of the United States Supreme Court" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding Consent by a Motor Vehicle Operator to a Blood Test' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 29-A MRSA §2401, sub-§11, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read: 
11. OUI offense. "OUI offense" means an OUI conviction or suspension for failure 
to submit to a test except that refusal to submit to a blood test at the request of a law 
enforcement officer in the absence of a warrant does not constitute an OUI offense for the 
purpose of requiring the imposition or enhancement of a mandatoiy minimum sentence of 
incarceration. 
Sec. 2. 29-A MRSA §2411, sub-§5, ,rA, as amended by PL 2013, c. 389, §1 and 
affected by § 7, is further amended to read: 
A. For a person having no previous OUI 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 150 days; and 
(3) A period of incarceration as follows: 
(a) Not less than 48 hours when the person: 
(i) Was tested as having an alcohol level of 0.15 grams or more of 
alcohol per 100 milliliters of blood or 210 liters of breath; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A "to H.P. 567, L.D. 762 
(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 comply with the request 
of a law enforcement officer to submit to a blood test at the request of a la1,v 
0liforoement officer authorized by a warrant. a breath test or a urine test; 
Sec. 3. 29-A MRSA §2411, sub-§5, 1~ and C, as amended by PL 2007, c. 
531, §2 and affected by §10, are further amended to read: 
B. For a person having one previous OUI offense within a 10-year period: 
(1) A fine of not less than $700, except that if the person failed to submit to a test 
at the request of a law enforcement officer, a fine of not less than $900; 
(2) A period of incarceration of not less than 7 days, except that if the person 
failed to comply with the request of a law enforcement officer to submit to a 
blood test at the request of a lav, enforcement officer authorized by a warrant, a 
breath test or a urine test, a period of incarceration of not less than 12 days; 
(3) A court-ordered suspension of a driver's license for a period of3 years; and 
( 4) In accordance with section 2416, a court-ordered suspension of the person's 
right to register a motor vehicle; 
C. For a person having 2 previous OUI offenses within a 10-year period, which is a 
Class C crime: 
(1) A fine of not less than $1,100, except that if the person failed to submit to a 
test at the request of a law enforcement officer, a fine of not less than $1,400; 
(2) A period of incarceration of not less than 30 days, except that if the person 
failed to comply with the request of a law enforcement officer to submit to a 
blood test at the request of a lav,r enforcement officer authorized by a warrant, a 
breath test or a urine test, a period of incarceration of not less than 40 days; 
(3) A court-ordered suspension of a driver's license for a period of 6 years; and 
(4) In accordance with section 2416, a court-ordered suspension of the person's 
right to register a motor vehicle; 
Sec. 4. 29-A MRSA §2411, sub-§5, ,in, as amended by PL 2013, c. 187, §1, is 
further amended to read: 
D. For a person having 3 or more previous OUI offenses within a 10-year period, 
which is a Class C crime: 
(1) A fine of not less than $2,100, except that if the person failed to submit to a 
test at the request of a law enforcement officer, a fine of not less than $2,500; 
(2) A period of incarceration of not less than 6 months, except that if the person 
failed to comply with the request of a law enforcement officer to submit to a 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,:/J- "to H.P. 567, L.D. 762 
blood test at the req-aest of a lav: enforeemeat officer authorized by a warrant, a 
breath test or a urine test, a period of incarceration of not less than 6 months and 
days; 
(3) A court-ordered suspension of a driver's license for a period of 8 years; and 
(4) In accordance with section 2416, a court-ordered suspension of the person's 
right to register a motor vehicle; 
Sec. 5. 29-A MRSA §2521, sub-§3, as amended by PL 1997, c. 357, §1, is 
further amended to read: 
3. Warnings. Neither a refusal to submit to a test nor a failure to complete a test 
may be used for any of the purposes specified in paragraph A, B or C unless the person 
has first been told that the refusal or failure will: 
A. Result in suspension of that person's driver's license for a period up to 6 years; 
B. 
Be admissible in evidence at a trial for operating under the influence of 
intoxicants except that, when the person has refused or failed to submit to a blood test 
in the absence of a warrant, the refusal or failure is not admissible in evidence at trial; 
and 
C. Be considered an aggravating factor at sentencing if the person is convicted of 
operating under the influence of intoxicants that, in addition to other penalties, will 
subject the person to a mandatory minimum period of incarceration except that 
refusal to submit to a blood test in the absence of a warrant does not subject the 
person to a mandatory minimum period of incarceration.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment replaces the bill and provides a new title. The amendment amends 
the criminal operating under the influence statutes for motor vehicle operators to: 
1. Provide that refusal to submit to a blood test at the request of a law enforcement 
officer in the absence of a warrant is not a ground for imposition of a mandatory period of 
incarceration, does not constitute an operating under the influence offense for the purpose 
of requiring the imposition or enhancement of a mandatory minimum sentence of 
incarceration and is not admissible in evidence at a hearing or trial; and 
2. Add to the warning given to a person being asked to submit to a test a statement 
that refusal to submit to a blood test at the request of a law enforcement officer in the 
absence of a warrant is not a ground for imposition of a mandatory period of 
5 
incarceration. 
COMMITTEE AMENDMENT