An Act to Amend the Laws Governing Operating Under the Influence
Maine Legislature, Session 131, LD 1519
Committee: Criminal Justice and Public Safety
Sponsors: GREENWOOD
Amends: 29-A MRSA §2411, 29-A MRSA §2421, 29-A MRSA §2432, 29-A MRSA §2453, 29-A MRSA §2455, 29-A MRSA §2456, 29-A MRSA §2457, 29-A MRSA §2508

Legislative Document
No. 1519
H.P. 974
House of Representatives, April 5, 2023
An Act to Amend the Laws Governing Operating Under the 
Influence
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative GREENWOOD of Wales.  (BY REQUEST)
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  29-A MRSA §2411, sub-§1-A, ¶A, as amended by PL 2009, c. 447, §37, 
is further amended by amending subparagraph (2) to read:
(2)  While having an alcohol level of 0.08 grams or more of alcohol per 100 
milliliters of blood or 210 liters of breath as established through chemical analysis 
or an alcohol level of 0.09 grams or more of alcohol per 100 milliliters of blood or 
liters of breath as established using a self-contained breath-alcohol apparatus 
test;
Sec. 2.  29-A MRSA §2411, sub-§1-A, ¶D, as corrected by RR 2015, c. 2, §18, is 
amended by amending subparagraph (2) to read:
(2)  Has either a prior conviction for a Class B or 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 an alcohol level of 0.08 grams or 
more of alcohol per 100 milliliters of blood or 210 liters of breath as established 
through chemical analysis or an alcohol level of 0.09 grams of alcohol per 100 
milliliters of blood or 210 liters of breath as established using a self-contained 
breath-alcohol apparatus test.  For purposes of this subparagraph, the 10-year 
limitation specified in section 2402 and Title 17‑A, section 9‑A, subsection 3 does 
not apply to the prior criminal homicide conviction or to a prior conviction for a 
Class B or Class C crime under this section or former Title 29, section 1312‑B.  
The convictions may have occurred at any time.
Sec. 3.  29-A MRSA §2411, sub-§2, as amended by PL 2009, c. 447, §39, is further 
amended to read:
2.  Pleading and proof.  The alternatives outlined in subsection 1‑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 1‑A, paragraph D, 
the State need not prove that the defendant's condition of being under the influence of 
intoxicants or having an alcohol level of 0.08 grams or more of alcohol per 100 milliliters 
of blood or 210 liters of breath as established through chemical analysis or an alcohol level 
of 0.09 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath as 
established using a self-contained breath-alcohol apparatus test 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. 4.  29-A MRSA §2421, sub-§2, as amended by PL 2009, c. 447, §43, is further 
amended to read:
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 an alcohol level of 0.08 grams 
or more of alcohol per 100 milliliters of blood or 210 liters of breath as established 
through chemical analysis or an alcohol level of 0.09 grams or more of alcohol per 100 
milliliters of blood or 210 liters of breath as established using a self-contained breath-
alcohol apparatus test; 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 an alcohol 
level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath 
as established through chemical analysis or an alcohol level of 0.09 grams or more of 
alcohol per 100 milliliters of blood or 210 liters of breath as established using a self-
contained breath-alcohol apparatus test.
Sec. 5.  29-A MRSA §2432, sub-§2, as amended by PL 2011, c. 335, §4, is further 
amended to read:
2.  Level greater than 0.05 grams and less than 0.08 grams or 0.09 grams as 
applicable.  If a person has an alcohol level in excess of 0.05 grams of alcohol but less 
than 0.08 grams of alcohol per 100 milliliters of blood or 210 liters of breath as established 
through chemical analysis or an alcohol level in excess of 0.05 grams of alcohol but less 
than 0.09 grams of alcohol per 100 milliliters of blood or 210 liters of breath as established 
using a self-contained breath-alcohol apparatus test, 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.
Sec. 6.  29-A MRSA §2432, sub-§3, as amended by PL 2009, c. 447, §48, is further 
amended to read:
3.  Level of 0.08 grams or greater or 0.09 grams or greater as applicable.  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 as established through chemical analysis or an 
alcohol level of 0.09 grams or more of alcohol per 100 milliliters of blood or 210 liters of 
breath as established using a self-contained breath-alcohol apparatus test.
Sec. 7.  29-A MRSA §2453, sub-§2, as amended by PL 2009, c. 447, §49, is further 
amended to read:
2.  Definition.  For the purposes of this section, "operating a motor vehicle with an 
excessive alcohol level" means operating a motor vehicle with an alcohol level of 0.08 
grams or more of alcohol per 100 milliliters of blood or 210 liters of breath as established 
through chemical analysis or an alcohol level of 0.09 grams or more of alcohol per 100 
milliliters of blood or 210 liters of breath as established using a self-contained breath-
alcohol apparatus test.
Sec. 8.  29-A MRSA §2455, sub-§1, ¶A, as amended by PL 2009, c. 447, §50, is 
further amended to read:
A.  The person was operating under the influence of intoxicating liquor or drugs, or 
with an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 
liters of breath as established through chemical analysis or an alcohol level of 0.09 
grams or more of alcohol per 100 milliliters of blood or 210 liters of breath as 
established using a self-contained breath-alcohol apparatus test;
Sec. 9.  29-A MRSA §2456, sub-§1, ¶B, as amended by PL 2009, c. 447, §51, is 
further amended to read:
B.  While having an alcohol level of more than 0.08 grams per 100 milliliters of blood 
or 210 liters of breath as established through chemical analysis or an alcohol level of 
0.09 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath as 
established using a self-contained breath-alcohol apparatus test; or
Sec. 10.  29-A MRSA §2457, sub-§3, ¶C, as amended by PL 2009, c. 447, §55, is 
further amended to read:
C.  If a person is determined to have operated a motor vehicle with an alcohol level of 
0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath as 
established through chemical analysis or an alcohol level of 0.09 grams or more of 
alcohol per 100 milliliters of blood or 210 liters of breath as established using a self-
contained breath-alcohol apparatus test and both this section and section 2453 apply, 
the longer period of suspension applies.
Sec. 11.  29-A MRSA §2508, sub-§1, ¶A, as amended by PL 2021, c. 216, §48, is 
further amended to read:
A.  The license of a person with 2 OUI offenses may be reinstated after 9 2 months of 
the suspension period has been served if the person has installed an ignition interlock 
device approved by the Secretary of State in the motor vehicle the person operates for 
the length of suspension time remaining.
Sec. 12.  29-A MRSA §2508, sub-§1-B is enacted to read:
1-B.  Modification of conditions; special circumstances.  A person whose license 
has been reinstated pursuant to subsection 1 subject to the installation of an ignition 
interlock device may petition the Secretary of State for and the secretary may approve a 
modification of the conditions imposed under subsection 1 due to special circumstances 
involving the health care needs of the person or the geographic location of the person's 
place of residence.
SUMMARY
This bill amends provisions in the motor vehicle laws regarding operating under the 
influence, or OUI, as follows.
1.  Under the current motor vehicle laws, a person commits criminal OUI if the person 
operates a motor vehicle while under the influence of intoxicants or while having an alcohol 
level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath.  
This bill provides that, if that alcohol level is established using a self-contained breath-
alcohol apparatus test and not through chemical analysis, the threshold for criminal OUI is 
an alcohol level of 0.09 grams or more of alcohol per 100 milliliters of blood or 210 liters 
of breath.  The threshold remains at 0.08 grams or more of alcohol per 100 milliliters of 
blood or 210 liters of breath if established through chemical analysis.  The bill incorporates 
this distinction in other motor vehicle laws relating to criminal OUI.
2.  Under current law, the license of a person with 2 OUI offenses may be reinstated 
after 9 months of a suspension period has been served if the person installs an ignition 
interlock device approved by the Secretary of State in the motor vehicle the person operates 
for the length of suspension time remaining.  This bill allows for such a person's license to 
be reinstated after 2 months of a suspension period has been served subject to the 
installation of an ignition interlock device.
3.  The bill provides that a person whose license has been reinstated subject to the 
installation of an ignition interlock device may petition the Secretary of State for and the 
secretary may approve a modification of imposed conditions due to special circumstances 
involving the health care needs of the person or the geographic location of the person's 
place of residence.