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 or drug metabolite by analysis of blood, breath or urine.

[PL 2013, c. 459, §7 (AMD).]

Terms Used In Maine Revised Statutes Title 29-A Sec. 2521

  • Alcohol level: means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. See Maine Revised Statutes Title 29-A Sec. 2401
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • failed to submit to a test: means failure to comply with the duty to submit to and complete a chemical test under section 2521 or 2525. See Maine Revised Statutes Title 29-A Sec. 2401
  • Law enforcement officer: means a person who by virtue of public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes. See Maine Revised Statutes Title 29-A Sec. 101
  • License: includes , but is not limited to, a nonresident operating privilege and the privilege of a person to apply for or obtain a license or permit to operate a motor vehicle. See Maine Revised Statutes Title 29-A Sec. 101
  • Motor vehicle: means a self-propelled vehicle not operated exclusively on railroad tracks, but does not include:
A. See Maine Revised Statutes Title 29-A Sec. 101
  • Operator: means an individual who drives or is in control of a vehicle or who is exercising control over or steering a towed vehicle. See Maine Revised Statutes Title 29-A Sec. 101
  • Person: means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity. See Maine Revised Statutes Title 29-A Sec. 101
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • test: means a test or tests used to determine alcohol level or the presence of a drug or drug metabolite by analysis of blood, breath or urine. See Maine Revised Statutes Title 29-A Sec. 2401
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Under the influence of intoxicants: means being under the influence of alcohol, a drug other than alcohol, a combination of drugs or a combination of alcohol and drugs. See Maine Revised Statutes Title 29-A Sec. 2401
  • Vehicle: means a device for conveyance of persons or property on a way. See Maine Revised Statutes Title 29-A Sec. 101
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
    • 2. Type of test. A law enforcement officer shall administer a breath test unless, in that officer’s determination, a breath test is unreasonable.
    If a breath test is determined 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.

    [PL 2013, c. 459, §8 (AMD).]

    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; [PL 1995, c. 368, Pt. AAA, §28 (AMD).]
    B. Be admissible in evidence at a trial for operating under the influence of intoxicants; and [PL 1995, c. 368, Pt. AAA, §28 (AMD).]
    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. [PL 1995, c. 368, Pt. AAA, §29 (NEW).]

    [PL 1997, c. 357, §1 (AMD).]

    4. Exclusion as evidence. A test result may not be excluded as evidence in a proceeding before an administrative officer or court solely as a result of the failure of the law enforcement officer to comply with the notice of subsection 3.

    [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

    5. Suspension for refusal. The Secretary of State shall immediately suspend the license of a person who fails to submit to and complete a test.

    [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

    6. Period of suspension. Except when a longer period of suspension is otherwise provided by law, the suspension is for a period of 275 days for the first refusal, 18 months for a 2nd refusal, 4 years for a 3rd refusal and 6 years for a 4th refusal.

    [PL 1995, c. 645, Pt. B, §21 (AMD); PL 1995, c. 645, Pt. B, §24 (AFF).]

    6-A. Suspension for refusal when probable cause exists to believe death has occurred or will occur. Except when a longer period of suspension is otherwise provided by law, if, in addition to the probable cause set forth in subsection 1, there is also probable cause to believe that death occurred or will occur, the suspension is for a period of one year for a first refusal.

    [PL 2021, c. 608, Pt. A, §4 (NEW).]

    7. Decision. A suspension must be removed if, after hearing pursuant to section 2483, it is determined that the person would not have failed to submit but for the failure of the law enforcement officer to give the warnings required by subsection 3.

    [PL 1995, c. 368, Pt. AAA, §31 (AMD).]

    8. Issues. If a hearing is requested in accordance with section 2483, in addition to specific issues required by a specific offense, the scope of the hearing must include whether:
    A. There was probable cause to believe the person operated a motor vehicle while under the influence of intoxicants; [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
    A-1. For the purposes of subsection 6?A, there is probable cause to believe that death has occurred or will occur; [PL 2021, c. 608, Pt. A, §5 (NEW).]
    B. The person was informed of the consequences of failing to submit to a test; and [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
    C. The person failed to submit to a test. [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

    [PL 2021, c. 608, Pt. A, §5 (AMD).]

    9. Results of test. On request, full information concerning a test must be made available to the person tested or that person’s attorney by the law enforcement officer.

    [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

    SECTION HISTORY

    PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §B5 (AFF). PL 1995, c. 368, §§AAA28-31 (AMD). PL 1995, c. 645, §B21 (AMD). PL 1995, c. 645, §B24 (AFF). PL 1997, c. 357, §1 (AMD). PL 2009, c. 447, §66 (AMD). PL 2013, c. 459, §§7, 8 (AMD). PL 2021, c. 608, Pt. A, §§4, 5 (AMD).
      Previous section
    Next section  
     Subchapter 4 Contents