Maine Law

§2411. Criminal OUI

1. Offense. 
[ 2003, c. 452, Pt. Q, §77 (RP); 2003, c. 452, Pt. X, §2 (AFF) .]

1-A. Offense.  A person commits OUI if that person:

A. Operates a motor vehicle:

(1) While under the influence of intoxicants; or

(2) While having an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath; [2009, c. 447, §37 (AMD).]

B. Violates paragraph A and:

(1) Has one previous OUI offense within a 10-year period;

(2) Has 2 previous OUI offenses within a 10-year period; or

(3) Has 3 or more previous OUI offenses within a 10-year period; [2003, c. 452, Pt. Q, §78 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]

C. Violates paragraph A, failed to submit to a test at the request of a law enforcement officer and:

(1) Has no previous OUI offenses within a 10-year period;

(2) Has one previous OUI offense within a 10-year period;

(3) Has 2 previous OUI offenses within a 10-year period; or

(4) Has 3 previous OUI offenses within a 10-year period; or [2003, c. 452, Pt. Q, §78 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]

D. Violates paragraph A, B or C and:

(1) In fact causes serious bodily injury as defined in Title 17-A, section 2, subsection 23 to another person; (1-A) In fact causes the death of another person; or

(2) Has either a prior conviction for a 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. [2009, c. 447, §38 (AMD).] [ 2009, c. 447, §§37, 38 (AMD) .]

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 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.
[ 2009, c. 447, §39 (AMD) .]

3. Investigation.  After a person has been charged with OUI, the officer shall investigate whether the charged person has prior OUI offenses. As part of the investigation, the officer shall make necessary inquiries of the Secretary of State.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]

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 under 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 drug concentration.
[ 2009, c. 447, §40 (AMD) .]

5. Penalties. 
[ 2003, c. 673, Pt. TT, §3 (AMD); 2003, c. 689, Pt. B, §6 (REV); 2005, c. 397, Pt. B, §7 (RP); 2005, c. 397, Pt. B, §8 (AFF) .]

5. Penalties.  Except as otherwise provided in this section and section 2508, violation of this section is a Class D crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. The following minimum penalties apply and may not be suspended:

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 90 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;

(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 submit to a test at the request of a law enforcement officer; [2009, c. 447, §41 (AMD).]

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 submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 12 days;

(3) A court-ordered suspension of a driver's license for a period of 3 years; and

(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle; [2007, c. 531, §10 (AFF); 2007, c. 531, §2 (AMD).]

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 submit to a test at the request of a law enforcement officer, 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; [2007, c. 531, §10 (AFF); 2007, c. 531, §2 (AMD).]

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 submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 6 months and 20 days;

(3) A court-ordered suspension of a driver's license for a period of 6 years;

(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle; and

(5) In accordance with section 2508, installation of an ignition interlock device in the motor vehicle the person operates for a period of 4 years after the period of suspension has run; [2007, c. 531, §10 (AFF); 2007, c. 531, §2 (AMD).]

D-1. A violation of subsection 1-A, paragraph D, subparagraph (1) is a Class C crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. The sentence must include a period of incarceration of not less than 6 months, a fine of not less than $2,100 and a court-ordered suspension of a driver's license for a period of 6 years. These penalties may not be suspended; [2005, c. 606, Pt. A, §2 (AMD).]

D-2. A violation of subsection 1-A, paragraph D, subparagraph (1-A) or (2) is a Class B crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. The sentence must include a period of incarceration of not less than 6 months, a fine of not less than $2,100 and a court-ordered suspension of a driver's license for a period of 10 years. These penalties may not be suspended; [2005, c. 606, Pt. A, §3 (NEW).]

E. If a law enforcement officer failed to provide the warnings required by section 2521, subsection 3, the increase in minimum penalties required because of a refusal to submit to a test is not mandatory; [1997, c. 737, §9 (AMD).]

F. For a person sentenced under paragraph B, C or D, the court shall order the defendant to participate in the alcohol and other drug program of the Department of Health and Human Services, Office of Substance Abuse. The court may waive the program pursuant to Title 5, section 20073-B, if the court finds that the defendant has completed an alcohol or other drug treatment program subsequent to the date of the offense; and [2001, c. 511, §3 (AMD); 2003, c. 689, Pt. B, §6 (REV).]

G. The court shall order an additional period of license suspension of 275 days for a person sentenced under paragraph A, B, C, D, D-1 or D-2 if the person was operating the motor vehicle at the time of the offense with a passenger under 21 years of age. [2005, c. 606, Pt. A, §4 (AMD).]
[ 2009, c. 447, §41 (AMD) .]

5-A. Notice and custody.  The court shall give notice of a license suspension and shall take physical custody of the driver's license.
[ 1995, c. 368, Pt. AAA, §9 (NEW) .]

5-B. Additional period of suspension.  The Secretary of State may impose an additional period of suspension under section 2451, subsection 3 or may extend a period of suspension until satisfaction of any conditions imposed pursuant to chapter 23, subchapter III, article 4.
[ 1995, c. 368, Pt. AAA, §9 (NEW) .]

6. Aggravated punishment category. 
[ 2003, c. 452, Pt. Q, §83 (RP); 2003, c. 452, Pt. X, §2 (AFF) .]

7. Surcharge.  A surcharge must be charged for a conviction under this section. The surcharge is $30, except that, when the person operated or attempted to operate a motor vehicle while under the influence of drugs or a combination of liquor and drugs, the surcharge is $125. For the purposes of collection procedures, the surcharge is considered a fine. Notwithstanding section 2602, this surcharge accrues to the Highway Fund for the purpose of covering the costs associated with the administration and analysis of alcohol level tests.
[ 2009, c. 447, §42 (AMD) .]

8. Juvenile crime.  References in this Title to this section include the juvenile crime in Title 15, section 3103, subsection 1, paragraph F, and the disposition, including a suspension, for that juvenile crime in Title 15, section 3314, subsection 3, except as otherwise provided or except where the context clearly requires otherwise.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]

SECTION HISTORY
1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 65, §§A153,C15 (AFF). 1995, c. 65, §A115 (AMD). 1995, c. 368, §§AAA7-10 (AMD). 1995, c. 645, §B18 (AMD). 1997, c. 737, §§8-11 (AMD). 1999, c. 703, §1 (AMD). 2001, c. 332, §1 (AMD). 2001, c. 511, §3 (AMD). 2003, c. 452, §§Q77-83 (AMD). 2003, c. 452, §X2 (AFF). 2003, c. 633, §8 (AMD). 2003, c. 673, §§TT3,4 (AMD). 2003, c. 689, §B6 (REV). 2005, c. 397, §§B7,8 (AFF). 2005, c. 438, §1 (AMD). 2005, c. 606, §§A1-4 (AMD). 2007, c. 531, §10 (AFF). 2007, c. 531, §2 (AMD). 2009, c. 447, §§37-42 (AMD).

 

§2412-A. Operating while license suspended or revoked

1. Offense; penalty.

[ 2003, c. 452, Pt. Q, §84 (RP); 2003, c. 452, Pt. X, §2 (AFF) .]

1-A. Offense; penalty. 

A person commits operating while license suspended or revoked if that person:

A. Operates a motor vehicle on a public way or in a parking area when that person's license has been suspended or revoked, and that person:
 
(1) Has received written notice of a suspension or revocation from the Secretary of State or a court;
 
(2) Has been orally informed of the suspension or revocation by a law enforcement officer or a court;
 
(3) Has actual knowledge of the suspension or revocation;
 
(4) Has been sent written notice in accordance with section 2482 or former Title 29, section 2241, subsection 4; or
 
(5) Has failed to answer or to appear in court pursuant to a notice or order specified in section 2605 or 2608; [2003, c. 452, Pt. Q, §85 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
B. Violates paragraph A and the suspension was for OUI or an OUI offense; [2003, c. 452, Pt. Q, §85 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
C. Violates paragraph A and the suspension was for OUI or an OUI offense, the person was subject to the mandatory minimum sentence and the person:
 
(1) Has one prior conviction for violating this section;
 
(2) Has 2 prior convictions for violating this section; or
 
(3) Has 3 or more prior convictions for violating this section; or [2003, c. 452, Pt. Q, §85 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
D. Violates paragraph A, the suspension was not for OUI or an OUI offense and the person has one or more prior convictions for violating this section. [2003, c. 452, Pt. Q, §85 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]

Except for an offense under subsection 8 or as otherwise provided, operating while license suspended or revoked is a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.

[ 2009, c. 297, §1 (AMD) .]

2. Exception.  This section does not apply to a person whose license has been revoked under the laws in subchapter V governing habitual offenders.

[ 1995, c. 368, Pt. AAA, §12 (NEW) .]

3. Minimum mandatory sentences for certain suspension.  If the suspension was for OUI or an OUI offense, the court shall impose a minimum fine of $600, a term of imprisonment of 7 consecutive days and a suspension of license of not less than one year nor more than 3 years consecutive to the original suspension. The penalties may not be suspended.

A. If the person has a prior conviction for violating this section within a 10-year period and was subject to the minimum mandatory sentences, then the following minimum penalties, which may not be suspended by the court, apply in the event the suspension was for OUI:
 
(1) A minimum fine of $1,000, a term of imprisonment of 30 consecutive days and a suspension of license for not less than one year nor more than 3 years consecutive to the original suspension in the event of one prior conviction;
 
(2) A minimum fine of $2,000, a term of imprisonment of 60 consecutive days and a suspension of license for not less than one year nor more than 3 years consecutive to the original suspension in the event of 2 prior convictions; or
 
(3) A minimum fine of $3,000, a term of imprisonment of 6 months and a suspension of license for not less than one year nor more than 3 years consecutive to the original suspension in the event of 3 or more prior convictions. The sentencing class for this offense is a Class C crime. [1995, c. 368, Pt. AAA, §12 (NEW).]
B. For all other suspensions, the minimum fine for a first offense is $250, which may not be suspended by the court. The minimum fine for 2nd and subsequent offenses is $500, which may not be suspended by the court. [2003, c. 673, Pt. TT, §5 (AMD).]

A separate reading of the allegation and a separate trial are not required under this subsection.

[ 2003, c. 673, Pt. TT, §5 (AMD) .]

4. Suspension of license.  The following provisions apply when a person's license is required to be suspended under this section.

A. The court shall give notice of the suspension and shall take physical custody of an operator's license or permit as provided in section 2434. [1995, c. 368, Pt. AAA, §12 (NEW).]
B. If the court fails to impose a suspension as provided in subsection 3, the Secretary of State shall impose the minimum one-year suspension. [1995, c. 368, Pt. AAA, §12 (NEW).]
C. The minimum mandatory sentences of subsection 3 apply only to the original period of suspension imposed by the court or the Secretary of State or as extended by the Secretary of State. The minimum mandatory sentences of subsection 3 do not apply to any extension of the original suspension imposed to compel a person's compliance with conditions for the restoration of a license or for failure to pay a reinstatement fee for a license. [1995, c. 368, Pt. AAA, §12 (NEW).]

[ 1995, c. 368, Pt. AAA, §12 (NEW) .]

5. Prior convictions.  For purposes of this section, a prior conviction or suspension has occurred within a 10-year period if the date of the suspension or the docket entry of a judgment of conviction by the clerk is 10 years or less from the date of the new conduct that is penalized or for which the new penalty may be enhanced.

[ 1995, c. 368, Pt. AAA, §12 (NEW) .]

6. Ignition interlock device. 

[ 1999, c. 470, §29 (RP) .]

7. Ignition interlock device.  As a condition of license reinstatement, the Secretary of State, pursuant to section 2508, may require a person subject to the minimum mandatory sentencing provisions of subsection 3 to have installed in the motor vehicle the person operates for a period of up to 2 years an ignition interlock device approved by the Secretary of State.

[ 2007, c. 531, §10 (AFF); 2007, c. 531, §3 (NEW) .]

8. Traffic infraction.  A person commits a traffic infraction operating while license suspended as described in subsection 1-A, paragraph A if the person has not been convicted or adjudicated of a prior offense under this section and the sole basis for the suspension is:

A. Failure to pay a fine; [2009, c. 297, §2 (NEW).]
B. Failure to pay a license reinstatement fee; or [2009, c. 297, §2 (NEW).]
C. Suspension for a dishonored check. [2009, c. 297, §2 (NEW).]

[ 2009, c. 493, §3 (AMD) .]

SECTION HISTORY

1995, c. 368, §AAA12 (NEW). 1995, c. 645, §B19 (AMD). 1999, c. 196, §3 (AMD). 1999, c. 470, §§28,29 (AMD). 1999, c. 743, §5 (AMD). 2003, c. 452, §§Q84,85 (AMD). 2003, c. 452, §X2 (AFF). 2003, c. 673, §TT5 (AMD). 2007, c. 531, §10 (AFF). 2007, c. 531, §3 (AMD). 2009, c. 297, §§1, 2 (AMD). 2009, c. 493, §3 (AMD).

 
 

§2421. Forfeiture of motor vehicles for OUI

1. Forfeiture.  After notice and hearing, a motor vehicle must be forfeited to the State when a defendant is:
 
A. The sole owner-operator of that vehicle; and [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
B. Convicted of:
 
(1) OUI; and
 
(2) A simultaneous offense of operating after suspension when the underlying suspension was imposed for a prior OUI conviction. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
The court shall order the forfeiture unless another person satisfies the court prior to the judgment and by a preponderance of the evidence that the other person had a right to possess that motor vehicle, to the exclusion of the defendant, at the time of the offense.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
 
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; and [2009, c. 447, §43 (AMD).]
 
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. [2009, c. 447, §43 (AMD).]
[ 2009, c. 447, §43 (AMD) .]
 
3. Lienholders.  A forfeiture of a motor vehicle encumbered by a perfected bona fide security interest is subject to the interest of the secured party if the party did not have knowledge of the act on which the forfeiture is based.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]

 

4. Preliminary order.  At the request of the State, the court may issue, ex parte, a preliminary order to seize or secure a motor vehicle subject to forfeiture and to provide for custody.

That order may include an order to a financial institution or to any fiduciary or bailee to impound the vehicle in its possession or control and to release the vehicle only on further order of the court.

The court may issue an order only on a showing of probable cause and after criminal complaints of OUI and OAS have been filed against the owner-operator.

The application, issuance, execution and return of an order are subject to applicable state law.

A law enforcement officer may seize a motor vehicle without court order when:

 
A. The seizure is incident to an arrest with probable cause for an OUI by the sole owner and the officer has probable cause to believe the vehicle is subject to forfeiture; or [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]

 

B. The vehicle has been subject of a prior judgment in favor of the State in a forfeiture proceeding under this section or any other provision of law. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]

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

 
5. Reports.  An officer, department or agency seizing a vehicle shall file a report of seizure with the Attorney General or a district attorney having jurisdiction over the vehicle. The report must be:
 
A. Filed within 21 days of the date of seizure; and [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
B. Labeled "Vehicle Report" and include, without limitation:
 
(1) A description of the vehicle;
 
(2) The place and date of seizure;
 
(3) The name and address of the owner or operator of the vehicle at the time of seizure; and
 
(4) The name and address of any other person who appears to have an ownership interest in the vehicle. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
 
6. Storage of seized motor vehicles.  A seized motor vehicle must be held in secure storage by the seizing agency or at the direction of the prosecuting official until disposition of the underlying criminal charges. The State shall assume all costs of storage of a vehicle not forfeited.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
 
7. Records of seized motor vehicles.  An officer, department or agency having custody of a motor vehicle subject to forfeiture or having disposed of the vehicle shall maintain complete records showing:
 
A. From whom the motor vehicle was received; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
B. Under what authority the motor vehicle was held, received or disposed of; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
C. To whom the motor vehicle was delivered; and [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
D. The date and manner of destruction or disposition of the motor vehicle. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
 
8. Rules.  The Attorney General shall adopt rules in accordance with Title 5, chapter 375, for the disposition to state, county and municipal agencies of forfeited motor vehicles.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 2009, c. 447, §43 (AMD).

 

 

§2422. Impoundment of motor vehicles for OUI

1. Impoundment of vehicle.  A motor vehicle may be seized if it is used by a person arrested for a violation of:
 
A. Section 2411; or [1997, c. 417, §1 (NEW).]
 
B. Section 2412-A, when the suspension or revocation was for OUI or an OUI offense. [1997, c. 417, §1 (NEW).]
[ 1997, c. 417, §1 (NEW) .]
 
2. Storage.  If a motor vehicle is seized, it must be held in secure storage by the seizing agency or at the direction of the arresting law enforcement officer.
[ 1997, c. 417, §1 (NEW) .]
 
3. Release of vehicle.  The motor vehicle may be released after at least an 8-hour period and payment of any towing and storage fees.
[ 1997, c. 417, §1 (NEW) .]

SECTION HISTORY

1995, c. 368, §AAA14 (NEW). 1997, c. 417, §1 (RPR).

 

§2431. Evidentiary rules

1. Test results.  Test results showing a confirmed positive drug or metabolite presence in blood or urine or alcohol level at the time alleged are admissible in evidence. Failure to comply with the provisions of sections 2521 and 2523 may not, by itself, result in the exclusion of evidence of alcohol level or confirmed positive drug or metabolite presence, unless the evidence is determined to be not sufficiently reliable.

[ 2011, c. 335, §3 (AMD) .]

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 drug concentration may issue a certificate stating the results of the analysis. [2009, c. 447, §45 (AMD).]
 
B. A person qualified to operate a self-contained, breath-alcohol testing apparatus may issue a certificate stating the results of the analysis. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
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) Equipment, chemicals and other materials used in the taking of the specimen were of a quality appropriate for the purpose of producing reliable test results;
 
(3) Equipment, chemicals or 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 drug concentration in the blood of the defendant at the time the sample was taken was as stated in the certificate. [2009, c. 447, §46 (AMD).]
 
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. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
E. A person drawing a specimen of blood may issue a certificate that states that the person is in fact duly licensed or certified 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. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
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. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF); 2003, c. 689, Pt. B, §6 (REV).]
 
G. The results of a self-contained breath-alcohol apparatus test is prima facie evidence of an alcohol level. [2009, c. 447, §47 (AMD).]
 
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. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF); 2003, c. 689, Pt. B, §6 (REV).]
 
I. 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. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF); 2003, c. 689, Pt. B, §6 (REV).]
 
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. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
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. [2001, c. 361, §32 (AMD).]

[ 2009, c. 447, §§45-47 (AMD) .]

3. Failure as evidence.  Failure of a person to submit to a chemical test is admissible in evidence on the issue of whether that person was under the influence of intoxicants.

If the law enforcement officer fails to give the required warnings, the failure of the person to submit to a chemical test is not admissible, except when a test was required under section 2522.

If a failure to submit to a chemical test is not admitted into evidence, the court may inform the jury that no test result is available.

If a test result is not available for a reason other than failing to submit to a chemical test, the unavailability and the reason is admissible in evidence.

[ 1995, c. 368, Pt. AAA, §15 (AMD) .]

4. Statements by accused.  A statement by a person as to name or date of birth, or the name or date of birth contained on a driver's license surrendered by that person, is admissible in a proceeding under this Title.

A statement of the person's name or date of birth constitutes sufficient proof by itself, without further proof of corpus delicti.

A statement by a defendant that the defendant was the operator of a motor vehicle is admissible in a proceeding under section 2411, section 2412-A, former section 2557, section 2557-A or section 2558, if it is made voluntarily and is otherwise admissible under the United States Constitution or the Constitution of Maine. The statement may constitute sufficient proof by itself, without further proof of corpus delicti, that the motor vehicle was operated by the defendant.

[ 2005, c. 606, Pt. B, §5 (AMD) .]

SECTION HISTORY1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 65, §§A153,C15 (AFF). 1995, c. 65, §A117 (AMD). 1995, c. 368, §AAA15 (AMD). 1997, c. 776, §§45,46 (AMD). 2001, c. 361, §32 (AMD). 2003, c. 689, §B6 (REV). 2005, c. 606, §B5 (AMD). 2009, c. 447, §§44-47 (AMD). 2011, c. 335, §3 (AMD).

 

§2432. Alcohol 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.
[ 2009, c. 447, §48 (AMD) .]
 
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 100 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.
[ 2011, c. 335, §4 (AMD) .]
 
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.
[ 2009, c. 447, §48 (AMD) .]
 
4. Confirmed positive drug or metabolite concentration level.  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.
[ 2011, c. 335, §4 (NEW) .]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 2009, c. 447, §48 (AMD). 2011, c. 335, §4 (AMD).

 

§2433. Sentencing procedures

1. Permissible considerations.  Notwithstanding the provisions of Title 17-A, section 9-A, in determining the appropriate sentence, the court shall consider whether the defendant operated with a passenger under 16 years of age, the record of convictions for criminal traffic offenses, adjudications of traffic infractions or suspensions of license for failure to submit to a test.

In determining the appropriate sentence, the court may rely on oral representations based on records maintained by the courts, the State Bureau of Identification or the Secretary of State, including telecommunications of records maintained by the Secretary of State.
If the defendant disputes the accuracy of a representation concerning a conviction or adjudication, the court shall grant a continuance to determine the accuracy of the record.
[ 1999, c. 196, §4 (AMD) .]

2. Instructions at time of sentencing.  At the time of sentencing, the court shall provide the defendant with written instructions prepared by the Division of Driver Education Evaluation. The instructions must be written in plain and readable language and at a minimum include the following explanations:

A. The circumstances under which the Secretary of State may suspend a driver's license; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
B. The different components of the process to have a driver's license restored, including a description of the components provided by state agencies and those provided by practitioners and counselors not employed by the State; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
C. The role of the Driver Education Evaluation Program Appeals Board and the circumstances for an appeal to the board; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
D. The differences between the procedures applicable to first offenders and multiple offenders and adults and those under 21 years of age; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
E. When the Secretary of State may stay a suspension and grant a work-restricted license or other restricted or provisional license; and [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
F. The conditions of license restoration. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]

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

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1999, c. 196, §4 (AMD).

 

§2451. Suspensions for OUI

 
1. Recording and notice by Secretary of State.  On receipt of an attested copy of the court record of a suspension of a license for OUI, the Secretary of State shall immediately record the suspension and send written notice of the suspension to the person whose license has been suspended.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
 
2. Court failure to suspend. 
[ 1995, c. 368, Pt. AAA, §16 (RP) .]
 
3. Suspension period.  Unless a longer period of suspension is otherwise provided by law and imposed by the court, the Secretary of State shall suspend the license of a person convicted of OUI for the following minimum periods:
 
A. Ninety days, if the person has one OUI conviction within a 10-year period; [1995, c. 368, Pt. AAA, §17 (NEW).]
 
B. Three years, if the person has 2 OUI offenses within a 10-year period; or [2009, c. 54, §1 (AMD); 2009, c. 415, Pt. C, §§2, 3 (AFF).]
 
C. Six years, if the person has 3 or more OUI offenses within a 10-year period. [2009, c. 54, §2 (AMD); 2009, c. 415, Pt. C, §§2, 3 (AFF).]
 
D. [2009, c. 54, §3 (RP); 2009, c. 415, Pt. C, §§2, 3 (AFF).]
 
For the purposes of this subsection, a conviction or suspension has occurred within a 10-year period if the date of the new conduct is within 10 years of a date of suspension or a docket entry of judgment of conviction.
[ 2009, c. 54, §§1-3 (AMD); 2009, c. 415, Pt. C, §§2, 3 (AFF) .]
 
4. Consecutive suspensions.  A suspension under this section is consecutive to a suspension for failure to submit to a test required by this chapter.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
 
5. Additional period of suspension for transporting passengers under 21 years of age.  Unless a court orders an additional period of license suspension of 275 days pursuant to section 2411, subsection 5, paragraph G, the Secretary of State shall impose an additional suspension period of 275 days for any failure to submit to a chemical test or for OUI if the person was operating the motor vehicle at the time of the offense with a passenger under 21 years of age.
[ 1997, c. 737, §12 (NEW) .]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 65, §§A153,C15 (AFF). 1995, c. 65, §B22 (AMD). 1995, c. 368, §§AAA16,17 (AMD). 1997, c. 737, §12 (AMD). 2009, c. 54, §§1-3 (AMD). 2009, c. 54, §7 (AFF). 2009, c. 415, Pt. C, §§2, 3 (AFF).

§2453. Suspension on administrative determination; excessive alcohol level

1. Purpose.  The purpose of this section is:
 
A. To provide maximum safety for all persons who travel on or otherwise use the public ways; and [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
B. To remove quickly from public ways those persons who have shown themselves to be a safety hazard by operating a motor vehicle with an excessive alcohol level. [2009, c. 447, §49 (AMD).]
[ 2009, c. 447, §49 (AMD) .]
 
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.
[ 2009, c. 447, §49 (AMD) .]
 
3. Suspension.  The Secretary of State shall immediately suspend a license of a person determined to have operated a motor vehicle with an excessive alcohol level.
[ 2009, c. 447, §49 (AMD) .]
 
4. Drug and alcohol program.  The Secretary of State may not suspend a license solely because a person has not satisfactorily completed an alcohol and drug program, as defined in subchapter 1. This limitation does not affect statutory restoration authority.
[ 2009, c. 447, §49 (AMD) .]
 
5. Stay.  If, within 10 days from the effective date of the suspension, the Secretary of State receives a request in writing for a hearing in accordance with section 2483, the suspension is stayed until a hearing is held and a decision is issued.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
 
6. Period of suspension.  The following periods of suspension apply.
 
A. The same suspension period applies as if the person were convicted of OUI. [2003, c. 434, §29 (AMD); 2003, c. 434, §37 (AFF).]
 
B. [1997, c. 737, §13 (RP).]
 
C. If a person's license is also suspended for an OUI conviction arising out of the same occurrence, the period of time the license has been suspended under this section prior to the conviction must be deducted from the period of time of a court-imposed suspension. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
D. The period of suspension is a minimum and the Secretary of State may suspend the license for an additional period under section 2451, subsection 3. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
[ 2003, c. 434, §29 (AMD); 2003, c. 434, §37 (AFF) .]
7. Restoration of license.  The Secretary of State may issue a license or permit as follows.
 
A. Restoration of any license or permit to operate, right to operate a motor vehicle and right to apply for or obtain a license suspended under this section must be in accordance with sections 2502 to 2506. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
8. Hearing.  The scope of the hearing must include whether:
 
A. The person operated a motor vehicle with an excessive alcohol level; and [2009, c. 447, §49 (AMD).]
 
B. There was probable cause to believe that the person was operating a motor vehicle with an excessive alcohol level. [2009, c. 447, §49 (AMD).]
[ 2009, c. 447, §49 (AMD) .]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1997, c. 737, §13 (AMD). 2003, c. 434, §29 (AMD). 2003, c. 434, §37 (AFF). 2009, c. 447, §49 (AMD).

 

§2454. Homicide; revocation of license

1. Minimum revocation.  Subject to the longer period of revocation provided in subsection 2, the license of any person who, as a result of the operation of a motor vehicle in such a manner as to cause the death of any person, is convicted of criminal homicide or an attempt of criminal homicide, or who is adjudicated to have committed a juvenile offense of criminal homicide or an attempt of criminal homicide, must be revoked immediately by the Secretary of State upon receipt of an attested copy of the court records, without further hearing, for a period of at least 5 years.
[ 1995, c. 368, Pt. AAA, §19 (NEW) .]
 
2. While under influence of alcohol or drugs.  The license of any person who, as a result of the operation of a motor vehicle in such a manner as to cause the death of any person, is convicted of criminal homicide or an attempt of criminal homicide, or who is adjudicated to have committed a juvenile offense of criminal homicide or an attempt of criminal homicide, must be permanently revoked immediately by the Secretary of State upon receipt of an attested copy of the court records, without further hearing, if the report by the district attorney pursuant to section 2455 shows the person was under the influence of intoxicants at the time of the offense.
[ 1995, c. 368, Pt. AAA, §19 (NEW) .]
 
3. Appeal.  Unless the court orders otherwise, a person's license that is revoked pursuant to this section remains revoked during the course of any appeal.
[ 1995, c. 368, Pt. AAA, §19 (NEW) .]
 
4. Pleas.  For the purposes of this section and section 2411, a person is deemed to have been convicted of criminal homicide or an attempt of criminal homicide if the person pleaded guilty or nolo contendere or was otherwise adjudged or found guilty by a court of competent jurisdiction or, in the case of a juvenile offender, the juvenile is deemed to have been adjudicated of having committed a juvenile offense of criminal homicide or an attempt of criminal homicide if the juvenile admits or was otherwise adjudged or found to have committed the juvenile offense by a court of competent jurisdiction.
[ 1995, c. 368, Pt. AAA, §19 (NEW) .]
 
5. Petition for license reinstatement.  A person whose license is permanently revoked under subsection 2 may petition the Secretary of State for relicensure 10 years after the date the person is no longer incarcerated. The Secretary of State shall make the person's petition for relicensure known to the family of any victims of the person's offense and shall consider the family's testimony in determining whether to reissue the person a driver's license.
[ 1995, c. 368, Pt. AAA, §19 (NEW) .]
 
6. Conviction following license reinstatement.  The license of a person whose license is reinstated pursuant to subsection 5 who is subsequently convicted for the offense defined in section 2411 must be revoked permanently by the Secretary of State and the Secretary of State may not relicense that person.
[ 1995, c. 368, Pt. AAA, §19 (NEW) .]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 368, §AAA19 (RPR).
 

§2455. Provisions regarding revocation when homicide is alcohol or drug related

1. Report by district attorney.  The district attorney shall forward a report to the Secretary of State when any person is convicted of a criminal homicide or adjudicated to have committed a juvenile offense of criminal homicide as the result of that person's operation of a motor vehicle when:
 
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 210 liters of breath; [2009, c. 447, §50 (AMD).]
 
B. The person had not attained the legal drinking age and was operating a motor vehicle with an alcohol level of more than 0.00 grams per 100 milliliters of blood or 210 liters of breath; [2009, c. 447, §50 (AMD).]
 
C. There was probable cause to believe that the person was operating under the influence of intoxicating liquor or drugs and failed to comply with that person's duty to submit to and complete required chemical testing; or [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]

D. There was probable cause to believe that the person had not attained the legal drinking age and was operating a motor vehicle with an alcohol level of more than 0.00 grams per 100 milliliters of blood or 210 liters of breath and failed to comply with the duty to submit to and complete a test to determine alcohol level. [2009, c. 447, §50 (AMD).]

[ 2009, c. 447, §50 (AMD) .]
 
2. Content of report.  The report required in subsection 1 must contain all relevant facts that formed the basis for the conviction or adjudication, including chemical test results if available.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
 
3. Alcohol or drug programs.  Upon receipt of the report required in subsection 1, the Secretary of State shall require that the following conditions be met before that person may be licensed or permitted to operate a motor vehicle:
 
A. Satisfactory completion of the Driver Education and Evaluation Programs of the Office of Substance Abuse; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
B. When required, satisfactory completion of a substance abuse treatment program or rehabilitation program approved or licensed by the Department of Health and Human Services; and [RR 2003, c. 1, §31 (COR); 2003, c. 689, Pt. B, §6 (REV).]
 
C. When required, attendance at an after-care program arranged by the approved treatment or rehabilitation program. [2001, c. 511, §4 (AMD).]
[ RR 2003, c. 1, §31 (COR); 2003, c. 689, Pt. B, §6 (REV) .]
 
4. Alcohol or drug programs following incarceration.  Any of the alcohol or drug programs required in subsection 3 may begin only upon release from a county jail or from a facility operated by the Department of Corrections.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 645, §B20 (AMD). 2001, c. 511, §4 (AMD). RR 2003, c. 1, §31 (COR). 2003, c. 689, §B6 (REV). 2009, c. 447, §50 (AMD).

 

§2456. Negligently causing death; administrative suspension

 
1. Suspension.  The Secretary of State shall immediately suspend the license of a person who negligently operates a motor vehicle in a manner as to cause the death of a person:
 
A. While under the influence of intoxicants; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
B. While having an alcohol level of more than 0.08 grams per 100 milliliters of blood or 210 liters of breath; or [2009, c. 447, §51 (AMD).]
 
C. Who subsequently fails to submit to a test subject to penalty under section 2521. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
[ 2009, c. 447, §51 (AMD) .]
 
2. Period of suspension.  The period of suspension is 3 years, consecutive to any suspension imposed by the Secretary of State for failure to take a test. If a suspended license is subsequently revoked under section 2454 on charges arising out of the same occurrence, the length of suspension actually served under this section is deducted from the period of revocation imposed pursuant to that section.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
 
3. Hearing issues.  A person whose license has been suspended under this section may request a hearing pursuant to section 2483. The scope of the hearing must include whether:
 
A. The person operated a motor vehicle; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
B. The person, at that time, had an excessive alcohol level, or was under the influence of intoxicants or may be penalized for failure to submit to required chemical testing; and [2009, c. 447, §52 (AMD).]
 
C. The person's negligent operation caused the death of another person. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
[ 2009, c. 447, §52 (AMD) .]
 
4. Civil proceeding.  On receipt of a certified copy of the civil tort judgment that the person did not negligently cause the death of the other person, the Secretary of State shall terminate the suspension.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
 
SECTION HISTORY1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 2009, c. 447, §§51, 52 (AMD).
 
 

§2457. Conditional license holder; OUI

1. Suspension.  The Secretary of State shall suspend for a minimum period of one year, without preliminary hearing, the conditional license issued pursuant to section 2506 of a person who while holding a conditional license:
 
A. Receives an OUI conviction; or [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
B. As the Secretary of State determines, has operated a motor vehicle while having an alcohol level of more than 0.00 grams per 100 milliliters of blood or 210 liters of breath. [2009, c. 447, §53 (AMD).]
[ 2009, c. 447, §53 (AMD) .]
 
2. Duty to submit to test.  A person who operates a motor vehicle with a conditional license shall submit to a test if there is probable cause to believe that person holds a conditional license 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. The other provisions of subchapter 4 apply, except the suspension must be for a period of not less than 2 years.
[ 2009, c. 447, §54 (AMD) .]
 
3. Period of suspension.  The following provisions apply to suspensions of conditional licenses.
 
A. When a license is also suspended for an OUI conviction arising out of the same occurrence, the duration of the suspension under this section prior to the conviction is deducted from the period of a court-imposed suspension unless suspension was for failure to submit to a test. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
B. If the suspension is for failure to submit to a test, the period of suspension for an OUI conviction must be consecutive to the period of suspension imposed for refusal. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
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 and both this section and section 2453 apply, the longer period of suspension applies. [2009, c. 447, §55 (AMD).]
[ 2009, c. 447, §55 (AMD) .]
 
4. Hearing; stay; issues.  If a hearing is requested in accordance with section 2483, the suspension under subsection 1, paragraph B is stayed pending the outcome of the hearing. The scope of the hearing must include whether:
 
A. 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; [2009, c. 447, §56 (AMD).]
 
B. There was probable cause to believe that the person was operating with an alcohol level of more than 0.00 grams per 100 milliliters of blood or 210 liters of breath; and [2009, c. 447, §56 (AMD).]
 
C. The person held a conditional license. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
[ 2009, c. 447, §56 (AMD) .]
 
5. Restoration of license.  Following the expiration of the aggregate periods of suspension imposed pursuant to this section otherwise imposed by the Secretary of State and ordered by any court, the Secretary of State may issue a conditional license to the person, subject to the conditions, restrictions or terms the Secretary of State determines advisable, if the Secretary of State has received written notice that the person has satisfactorily completed the Driver Education and Evaluation Program established in Title 5, section 20072 and, when required, has satisfactorily completed an alcohol treatment or rehabilitation program approved or licensed by the Department of Health and Human Services.
[ 2001, c. 511, §5 (AMD); 2003, c. 689, Pt. B, §6 (REV) .]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 368, §§AAA20-22 (AMD). 2001, c. 511, §5 (AMD). 2003, c. 689, §B6 (REV). 2009, c. 447, §§53-56 (AMD).

 

§2501. Restricted license
 
1. Eligibility.  Unless otherwise provided, the Secretary of State may issue a restricted license to a first-time OUI offender if:
 
A. Two thirds of the suspension period has expired; and [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
B. The Secretary of State has received notice that that person has completed the alcohol and drug program. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
 
2. Restrictions.  A restricted license issued pursuant to subsection 1 is subject to the following conditions and restrictions:
 
A. Use is limited to travelling to a treatment program or to employment for a minimum of 90 days after the original suspension date; and [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
B. Any other conditions or restrictions the Secretary of State considers advisable for the safety of the public and the welfare of the operator. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
 
3. Failure to submit to test.  The Secretary of State may issue a restricted license to a person whose license was suspended for a first failure to submit to a test, if the condition of subsection 1, paragraph B is met and at least 180 days have elapsed since the date of suspension. This subsection does not apply to a commercial driver's license, provisional license or conditional license.
[ 1995, c. 368, Pt. AAA, §24 (AMD) .]
 
SECTION HISTORY1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 368, §AAA24 (AMD).
 

§2502. Special licenses for driver education evaluation program; suspension

1. Issuance of special license.  Following the expiration of the total period of suspension imposed on a first-time offender pursuant to Title 15, section 3314 or sections 2411, 2453, 2453‐A, 2472 and 2521, the Secretary of State shall issue a special license or permit to the person if the Secretary of State receives written notice that the person has completed the assessment components of the alcohol and other drug program pursuant to Title 5, section 20073‐B. First offenders who have registered for the completion of treatment programs as described in Title 5, section 20072, subsection 2 are entitled to receive a special license after completion of 3 treatment sessions provided by a counselor or agency approved by the Office of Substance Abuse. A special license or permit may not be issued under this section to 2nd and subsequent offenders.
[ 2011, c. 335, §11 (AMD) .]
2. Suspension of special license.  If the person refuses or fails to complete the alcohol and other drug program pursuant to Title 5, section 20073-B within 3 months after receiving a special license, the Secretary of State, following notice of that refusal or failure, shall suspend the special license until the person completes the program. The suspension must continue until the Secretary of State receives written notification from the Office of Substance Abuse that the person has satisfactorily completed all required components of that program. The Secretary of State shall provide notice of suspension and opportunity for hearing pursuant to Title 5, chapter 375, subchapter 4. The sole issue at the hearing is whether the person has written notification from the Office of Substance Abuse establishing that the person has satisfactorily completed all components of that program pursuant to Title 5, section 20073-B.
[ 2009, c. 435, §22 (AMD) .]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 65, §§A153,C15 (AFF). 1995, c. 65, §A123 (AMD). 1999, c. 448, §§11,12 (AMD). 2001, c. 511, §7 (AMD). 2009, c. 435, §22 (AMD). 2011, c. 335, §11 (AMD).

 

§2503. Work-restricted license

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 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 for a first offense; [2011, c. 335, §12 (AMD).]
 
B. No alternative means of transportation is available; and [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
C. The petitioner has not, within 10 years, been under suspension for an OUI offense or pursuant to section 2453 or 2453-A. [2011, c. 335, §12 (AMD).]
[ 2011, c. 335, §12 (AMD) .]
2. Suspension.  The Secretary of State shall suspend, without preliminary hearing, the work-restricted license of a person who:
 
A. Is adjudicated or convicted of any violation of the provisions of this Title committed during the period when a work-restricted license has been issued; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
B. Violates any restriction or condition of the license; or [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
C. Has not completed the alcohol and drug program by the end of the statutory suspension period. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 368, §AAA25 (AMD). 1997, c. 737, §21 (AMD). 2011, c. 335, §12 (AMD).

 
 

§2504. Conditional or restricted license upon completion of alcohol and drug program

Following the expiration of the total period of suspension and on receipt of written notice that the person has satisfactorily completed the alcohol and drug program required by Title 5, section 20073-B, the Secretary of State may issue a license subject to the conditions, restrictions or terms that the Secretary of State considers advisable for the safety of the public and the welfare of the operator. [1999, c. 448, §13 (AMD).]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1999, c. 448, §13 (AMD).

 

§2505. Special restricted license for participation in education and treatment programs

Notwithstanding other limitations, the Secretary of State may issue a restricted license to a person for the purpose of allowing that person to participate in an alcohol and drug program or other treatment program determined appropriate by the Office of Substance Abuse. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF).

 

§2506. Conditional license

A license, including a nonresident's operating privilege, issued to a person with an OUI conviction must be issued on the condition that the person not operate a motor vehicle with an alcohol level of more than 0.00 grams per 100 milliliters of blood or 210 liters of breath for the following periods from the license reinstatement date: on first conviction, one year; and on a 2nd or subsequent conviction, 10 years. The provisions of sections 1251, subsection 1 and 2457 apply. [2009, c. 447, §65 (AMD).]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 368, §AAA26 (AMD). 2001, c. 671, §31 (AMD). 2009, c. 447, §65 (AMD).

 

§2507. Ignition interlock device

(REPEALED)

SECTION HISTORY

1995, c. 368, §AAA27 (NEW). 1997, c. 437, §45 (AMD). 1999, c. 470, §30 (RP).
 

§2508. Ignition interlock device

1. Installation of ignition interlock device.  Notwithstanding the periods of suspension pursuant to section 2411 or 2451, subsection 3, the Secretary of State may reinstate the license of a person convicted of more than one violation of section 2411 or whose license is suspended by the Secretary of State pursuant to section 2453 or 2453‐A if the person satisfies all other conditions for license reinstatement and installs an ignition interlock device approved by the Secretary of State in the motor vehicle the person operates, under the following conditions.
 
A. The license of a person with 2 OUI offenses may be reinstated after 9 months of the suspension period has run if the person has installed for a period of 2 years an ignition interlock device approved by the Secretary of State in the motor vehicle the person operates. [2007, c. 531, §10 (AFF); 2007, c. 531, §6 (NEW).]
 
B. The license of a person with 3 OUI offenses may be reinstated after 3 years of the suspension period has run if the person has installed for a period of 3 years an ignition interlock device approved by the Secretary of State in the motor vehicle the person operates. [2007, c. 531, §10 (AFF); 2007, c. 531, §6 (NEW).]
 
C. The license of a person with 4 or more OUI offenses may be reinstated after the expiration of the period of suspension if the person has installed for a period of 4 years an ignition interlock device approved by the Secretary of State in the motor vehicle the person operates. This paragraph applies only to 4th or subsequent offenses committed after August 31, 2008. [2009, c. 482, §1 (AMD).]
[ 2011, c. 335, §13 (AMD) .]
2. Crime; penalty.  A person whose license is reinstated pursuant to section 2412-A, subsection 7 or this section may not:
 
A. Operate a motor vehicle without an ignition interlock device; or [2007, c. 531, §10 (AFF); 2007, c. 531, §6 (NEW).]
 
B. Tamper with, disconnect or disable an ignition interlock device or circumvent the operation of an ignition interlock device. [2007, c. 531, §10 (AFF); 2007, c. 531, §6 (NEW).]
Violation of this subsection is a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. The sentence must include a period of incarceration of not less than 7 days and a fine of not less than $500. These penalties may not be suspended.
[ 2007, c. 531, §10 (AFF); 2007, c. 531, §6 (NEW) .]
3. Other restrictions; penalty.  Other restrictions are set out in this subsection.
 
A. A person whose license is reinstated pursuant to section 2412-A, subsection 7 or this section may not request or solicit another person to blow into or otherwise activate an ignition interlock device for the purpose of providing the person with an operable motor vehicle. [2007, c. 531, §10 (AFF); 2007, c. 531, §6 (NEW).]
 
B. A person may not:
 
(1) Rent, lease or lend a motor vehicle without an ignition interlock device to another person the person knows or should know is restricted to the operation of a motor vehicle with an ignition interlock device;
 
(2) Blow into or otherwise activate an ignition interlock device for the purpose of providing a person restricted to the operation of a motor vehicle with an ignition interlock device with an operable motor vehicle; or
 
(3) Tamper with or circumvent the operation of an ignition interlock device. [2007, c. 531, §10 (AFF); 2007, c. 531, §6 (NEW).]
[ 2007, c. 531, §10 (AFF); 2007, c. 531, §6 (NEW) .]
4. Penalty.  Notwithstanding section 1251, a violation of subsection 3 is a traffic infraction. The Secretary of State shall suspend the license of any person reinstated pursuant to section 2412-A, subsection 7 or this section who is adjudicated of the traffic infraction described in this section or whom the Secretary of State determines has violated any condition or restriction of license reinstatement. The periods of license suspension are:
 
A. For a person reinstated pursuant to section 2412-A, subsection 7, one year; and [2007, c. 531, §10 (AFF); 2007, c. 531, §6 (NEW).]
 
B. For a person reinstated pursuant to this section, 2 years if the person has 2 OUI offenses, 4 years if the person has 3 OUI offenses and 6 years if the person has 4 or more OUI offenses. [2007, c. 531, §10 (AFF); 2007, c. 531, §6 (NEW).]
 
A person whose license is suspended pursuant to this subsection is not entitled to the issuance of any type of license until the suspension period has expired.
[ 2007, c. 531, §10 (AFF); 2007, c. 531, §6 (NEW) .]

SECTION HISTORY

2007, c. 531, §10 (AFF). 2007, c. 531, §6 (NEW). 2009, c. 54, §4 (AMD). 2009, c. 54, §7 (AFF). 2009, c. 415, Pt. C, §§2, 3 (AFF). 2009, c. 482, §1 (AMD). 2011, c. 335, §13 (AMD).

 

§2521. Implied consent to chemical tests

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 drug concentration by analysis of blood, breath or urine.
[ 2009, c. 447, §66 (AMD) .]
2. Type of test.  A law enforcement officer shall administer a breath test unless, in that officer's determination, a breath test is unreasonable.
The law enforcement officer may determine which type of breath test is to be administered.
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.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
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; [1995, c. 368, Pt. AAA, §28 (AMD).]
 
B. Be admissible in evidence at a trial for operating under the influence of intoxicants; and [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. [1995, c. 368, Pt. AAA, §29 (NEW).]
[ 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.
[ 1993, c. 683, Pt. A, §2 (NEW); 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.
[ 1993, c. 683, Pt. A, §2 (NEW); 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.
[ 1995, c. 645, Pt. B, §21 (AMD); 1995, c. 645, Pt. B, §24 (AFF) .]
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.
[ 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; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
B. The person was informed of the consequences of failing to submit to a test; and [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
C. The person failed to submit to a test. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
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.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 368, §§AAA28-31 (AMD). 1995, c. 645, §B21 (AMD). 1995, c. 645, §B24 (AFF). 1997, c. 357, §1 (AMD). 2009, c. 447, §66 (AMD).

 

§2522. Accidents

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 drug concentration in the same manner as for OUI.
[ 2009, c. 447, §67 (AMD) .]
2. Administration of test.  The investigating law enforcement officer shall cause a blood test to be administered to the operator of the motor vehicle as soon as practicable following the accident and may also cause a breath test or another chemical test to be administered if the officer determines appropriate. The operator shall submit to and complete all tests administered. Except as otherwise provided in this section, testing must be conducted in accordance with section 2521.
[ 2003, c. 565, §1 (AMD) .]
3. Admissibility of test results.  The result of a test is admissible at trial if the court, after reviewing all the evidence, whether gathered prior to, during or after the test, is satisfied that probable cause exists, independent of the test result, to believe that the operator was under the influence of intoxicants at the time of the accident.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
4. Suspension.  The Secretary of State shall suspend for a period of one year the license of a person who fails to submit to a test under this section.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
5. Scope of hearing.  The scope of any hearing the Secretary of State holds pursuant to section 2483 must include whether there was probable cause to believe that the person was the operator of a motor vehicle involved in a motor vehicle accident in which a death occurred or will occur and whether the person failed to submit to and complete the test. If a person shows, after hearing, that the person was not under the influence of intoxicants or that the person did not negligently cause the accident, then the suspension must be immediately removed.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 2003, c. 565, §1 (AMD). 2009, c. 447, §67 (AMD).

 

§2523. Implied consent; commercial operators

 
1. Mandatory submission to test.  A person who operates a commercial motor vehicle shall submit to a test to determine that person's alcohol level or drug concentration 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.
[ 2009, c. 447, §68 (AMD) .]
2. Period of suspension.  The suspension for failure to submit to a test under subsection 1 is for one year.
 
A. If the person was operating a commercial motor vehicle containing hazardous materials, then the suspension is for a period of 3 years. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
B. For 2nd or subsequent failure to submit to a test, the suspension is permanent. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
3. Hearing; issues.  If a hearing is requested pursuant to section 2483, the scope of the hearing must include whether:
 
A. There is probable cause to believe the person operated a commercial motor vehicle while under the influence of drugs or with an alcohol level of 0.04 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath; [2009, c. 447, §69 (AMD).]
 
B. The person was informed of the consequences of failing to submit to a test; and [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
C. The person failed to submit to a test. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
[ 2009, c. 447, §69 (AMD) .]
4. Concurrent suspensions.  If a person's commercial driver's license is suspended under this section and is also suspended for an OUI conviction arising out of the same occurrence, the period of suspension under this section prior to the conviction must be deducted from the period of suspension of the commercial driver's license for the OUI conviction.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 2009, c. 447, §§68, 69 (AMD).

 

§2524. Administration of tests

1. Persons qualified to draw blood for blood tests.  Only a physician, registered physician's assistant, registered nurse, person whose occupational license or training allows that person to draw blood samples or a person certified by the Department of Health and Human Services may draw a specimen of blood for the purpose of determining the blood-alcohol level or drug concentration.
[ 1999, c. 32, §1 (AMD); 2003, c. 689, Pt. B, §6 (REV) .]
 
2. Persons qualified to analyze blood for blood tests.  A person conducting an analysis of blood-alcohol level or drug concentration must be certified by the Department of Health and Human Services.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF); 2003, c. 689, Pt. B, §6 (REV) .]
 
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.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
 
4. Chemical tests on breath and urine specimens.  A sample specimen of breath 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 determine alcohol level or drug concentration.
[ 2009, c. 447, §70 (AMD) .]
 
5. Equipment for taking specimens.  Only equipment having a stamp of approval affixed by the Department of Health and Human Services may be used to take a sample specimen of breath or urine, except that a self-contained, breath-alcohol testing apparatus if reasonably available may be used to determine the alcohol level.
Approved 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.
[ 2009, c. 447, §71 (AMD) .]
 
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.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF); 2003, c. 689, Pt. B, §6 (REV) .]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1999, c. 32, §1 (AMD). 2003, c. 689, §B6 (REV). 2009, c. 447, §§70, 71 (AMD).

 

§2525. Drug impairment assessment

1. Submission to test required.  If a drug recognition expert has probable cause to believe that a person is 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, that person must submit to a blood or urine test selected by the drug recognition expert to confirm that person's category of drug use and determine the presence of the drug .
[ 2011, c. 335, §14 (AMD) .]
 
2. Admissibility of evidence.  If a law enforcement officer certified as a drug recognition expert by the Maine Criminal Justice Academy conducts a drug impairment assessment, the officer's testimony about that assessment is admissible in court as evidence of operating under the influence of intoxicants. Test results showing a confirmed positive drug or metabolite in the blood or urine are admissible as evidence of operating under the influence of intoxicants. Failure to comply with any provision of this section does not, by itself, result in the exclusion of evidence of test results, unless the evidence is determined to be not sufficiently reliable.
[ 2011, c. 335, §14 (AMD) .]
 
3. Payment for tests.  A person authorized to take specimens of blood at the direction of a law enforcement officer or to perform tests on specimens of blood or breath must be paid from the Highway Fund.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
 
4. Repeal. 
[ 1995, c. 145, §2 (RP) .]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 145, §2 (AMD). 2011, c. 335, §14 (AMD).

 

§2526. Drug recognition experts

1. Training program.  The board of trustees of the Maine Criminal Justice Academy shall establish:
 
A. A program that meets the National Highway Traffic Safety Administration guidelines for training and certification of drug recognition experts; and [2011, c. 335, §15 (AMD).]
 
B. Eligibility standards for admission of law enforcement officers to the program that are consistent with National Highway Traffic Safety Administration guidelines and that ensure that trainees are:
 
(1) Law enforcement officers who have demonstrated proficiency and experience in standardized field sobriety testing and the ability to complete the training and function as drug recognition experts; and
 
(2) Employed by law enforcement agencies that have the facilities, equipment and other resources necessary for the effective functioning of drug recognition experts. [2011, c. 335, §15 (AMD).]
[ 2011, c. 335, §15 (AMD) .]

2. Selection of trainees.  The Commissioner of Public Safety shall select for training as drug recognition experts members of the State Police and other law enforcement officers who meet the eligibility requirements.
[ 2011, c. 335, §15 (AMD) .]

3. Qualifications.  Only those law enforcement officers who successfully complete the training and certification program established under this section may conduct drug impairment assessments and offer testimony as drug recognition experts under section 2525.
[ 2011, c. 335, §15 (AMD) .]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 2011, c. 335, §15 (AMD).
 

§2527. Rules regulating sample collection and testing procedures

The Department of Health and Human Services shall adopt rules regulating sample collection and testing procedures to ensure accurate and reliable testing and to protect the privacy of the person providing the sample. The rules may include, but are not limited to: [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF); 2003, c. 689, Pt. B, §6 (REV).]

 
1. Standards.  Standards for determining when a sample is to be reported as negative, based upon standards specific to the type and sensitivity of the test and the drug or category of drug screened;
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
 
2. Urine samples.  A requirement that only a law enforcement officer or law enforcement agency employee of the same sex as the person providing the sample, or a health care practitioner, may observe the giving of a urine sample, and that it may be collected only within a law enforcement or health care facility; and
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
 
3. Sample for defendant.  A requirement that, at the request and expense of the person charged, the department shall segregate a portion of the sample collected for that person's own testing.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]

The department may establish rules governing the format in which the test results are reported. At the time of adoption, the department shall furnish a copy of these rules to the joint standing committee of the Legislature having jurisdiction over legal affairs for review. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 2003, c. 689, §B6 (REV).

 

§2528. Liability

A physician, physician's assistant, registered nurse, person certified by the Department of Health and Human Services, 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. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF); 2003, c. 689, Pt. B, §6 (REV).]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 2003, c. 689, §B6 (REV).
 

§2551. Habitual offender

(REPEALED)

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 368, §AAA32 (AMD). 1995, c. 645, §B22 (AMD). 2001, c. 514, §1 (AMD). 2005, c. 606, §A6 (RP).

 

§2551-A. Habitual offender
 
1. Habitual offender defined.  An habitual offender is a person whose record, as maintained by the Secretary of State, shows that:
 
A. The person has accumulated 3 or more convictions or adjudications for distinct offenses described below arising out of separate acts committed within a 5-year period:
 
(1) Homicide resulting from the operation of a motor vehicle;
 
(2) OUI conviction;
 
(3) Driving to endanger, in violation of section 2413;
 
(4) Operating after suspension or revocation, in violation of section 2412-A;
 
(5) Operating without a license;
 
(6) Operating after revocation, in violation of former section 2557, section 2557-A or section 2558;
 
(7) Knowingly making a false affidavit or swearing or affirming falsely in a statement required by this Title or as to information required in the administration of this Title;
 
(8) A Class A, B, C or D offense in which a motor vehicle is used;
 
(9) Failure to report an accident involving injury or death, in violation of section 2252;
 
(10) Failure to report an accident involving property damage, in violation of section 2253, 2254 or 2255;
 
(11) Eluding an officer, in violation of section 2414;
 
(12) Passing a roadblock, in violation of section 2414, subsection 4;
 
(13) Operating a motor vehicle at a speed that exceeds the maximum speed limit by 30 miles per hour or more; and
 
(14) For a person whose license is reinstated pursuant to section 2412-A, subsection 7 or section 2508, operating a motor vehicle without an ignition interlock device; tampering with or circumventing the operation of an ignition interlock device; or requesting or soliciting another person to blow into or otherwise activate an ignition interlock device for the purpose of providing the person with an operable motor vehicle; or [2007, c. 531, §10 (AFF); 2007, c. 531, §7 (AMD).]
 
B. The person has accumulated 10 or more convictions or adjudications for moving violations arising out of separate acts committed within a 5-year period. [2005, c. 606, Pt. A, §7 (NEW).]
[ 2007, c. 531, §10 (AFF); 2007, c. 531, §7 (AMD) .]
 
2. Inclusions.  The offenses included in subsection 1 include offenses under former Title 29, a federal law, a law of another state and a municipal ordinance substantially conforming to the statutory violations.
[ 2005, c. 606, Pt. A, §7 (NEW) .]
 
3. Offenses not included.  The following convictions are not included under subsection 1, paragraph A:
 
A. A conviction of operating a motor vehicle without a license if the license had expired and was not suspended or revoked; [2009, c. 58, §1 (AMD).]
 
B. A conviction of operating after suspension when the suspension is based upon a failure to pay child support; [2009, c. 297, §3 (AMD).]
 
C. A conviction of operating after suspension when the suspension is based solely on a failure to pay the reinstatement fee required by section 2486; and [2009, c. 297, §3 (AMD).]
 
D. An adjudication for the traffic infraction of operating after suspension under section 2412-A, subsection 8. [2009, c. 297, §3 (NEW).]
[ 2009, c. 297, §3 (AMD) .]
 
4. Multiple offenses or violations.  For the purposes of this section, when more than one offense or violation described in this section arises from the same incident, the offenses or violations are treated as one offense or violation.
[ 2005, c. 606, Pt. A, §7 (NEW) .]
 
SECTION HISTORY2005, c. 606, §A7 (NEW). 2007, c. 531, §10 (AFF). 2007, c. 531, §7 (AMD). 2009, c. 58, §§1-3 (AMD). 2009, c. 297, §3 (AMD).
 
 

§2552. Immediate revocation; duration of revocation

Notwithstanding Title 4, section 152, subsection 9 and Title 5, sections 10003 and 10051, the Secretary of State shall immediately revoke, without preliminary hearing, the license to operate a motor vehicle of an habitual offender. [1999, c. 547, Pt. B, §49 (AMD); 1999, c. 547, Pt. B, §80 (AFF).]

The revocation under this section is indefinite. A license may not be issued to an habitual offender until after the minimum periods specified in section 2554. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 65, §§A153,C15 (AFF). 1995, c. 65, §A124 (AMD). 1999, c. 547, §B49 (AMD). 1999, c. 547, §B80 (AFF).

 

§2553. Hearing procedure

1. Hearing on request.  Any person whose license, permit or privilege to operate has been revoked pursuant to section 2552 may, within 30 days of notice of revocation, request a hearing to show cause why the license should not be revoked.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
 
2. Issues.  The only issues that are properly raised at a hearing are:
 
A. Whether the person whose license has been revoked is the same person named in the transcript or abstract; and [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
 
B. Whether the person's record brings that person within the definition of an habitual offender. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
 
3. Other procedures.  Except as specifically provided in this section, the hearing procedures set forth in subchapter III, article 3 apply to hearings under this section.
[ 1995, c. 65, Pt. A, §125 (AMD); 1995, c. 65, Pt. A, §153 (AFF); 1995, c. 65, Pt. C, §15 (AFF) .]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 65, §§A153,C15 (AFF). 1995, c. 65, §A125 (AMD).

§2554. Relief from habitual offender status

1. Petition for relief.  After 3 years from the date of revocation, a person may petition for relief from habitual offender status. The petition must be presented to the Secretary of State.
[ 2001, c. 514, §2 (AMD) .]

2. Grant of relief by Secretary of State.  If public safety will not be endangered and the person has complied with the financial responsibility requirements chapter 13, subchapter II, the Secretary of State may relieve the person from status as an habitual offender and restore the person's license on appropriate terms and conditions.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]

3. Operating after habitual offender revocation.  The Secretary of State may not restore a license if a charge under former section 2557, section 2557-A or section 2558 is pending. If the Secretary of State subsequently determines that a license has been restored when a charge under former section 2557, section 2557-A or section 2558 was pending, the Secretary of State shall, without hearing, immediately reinstate the revocation and provide notice of the reinstatement. A license may not be issued to a person who has been convicted of a violation of former section 2557, section 2557-A or section 2558 for a period of at least one year following the conviction or longer as provided under former section 2557, section 2557-A or section 2558.
[ 2005, c. 606, Pt. A, §8 (AMD) .]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 2001, c. 514, §2 (AMD). 2005, c. 606, §A8 (AMD).

 

§2555. Revocation following restoration

The Secretary of State shall revoke the license of a person whose license has been restored pursuant to section 2554 when: [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]

1. New convictions.  Within a 5-year period of the restoration, the person commits a new offense under section 2551-A, subsection 1, paragraph A; or
[ 2005, c. 606, Pt. B, §6 (AMD) .]
 
2. Continued liability.  The person commits a new offense under section 2551-A, subsection 1, paragraph A and, within 5 years preceding the date of that new offense, the person's record shows accumulated convictions or adjudications, including the new offense, which results in that person's being defined as an habitual offender under section 2551-A, subsection 1, paragraph A.
[ 2005, c. 606, Pt. B, §6 (AMD) .]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 2005, c. 606, §B6 (AMD).

 

§2556. Work-restricted license for habitual offender

1. Definition.  For purposes of this section, a "work-restricted license" is a license to operate a motor vehicle between a residence and a place of employment, in the scope of employment, or both, as determined by the Secretary of State.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
 
2. Petition.  An habitual offender whose license has been revoked pursuant to section 2552 may petition the Secretary of State for a work-restricted license only after the expiration of 18 months from the date the license was revoked pursuant to section 2552.
[ 2001, c. 514, §3 (AMD) .]
 
3. Stay.  On receipt of the petition, the Secretary of State may stay the revocation and issue a work-restricted license. In deciding whether to issue a work-restricted license, the Secretary of State may consider the petitioner's need.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
 
4. Ineligibility.  A person is not eligible for a work-restricted license if habitual offender status is based on a conviction or adjudication under former section 2551, section 2551-A, subsection 1, paragraph A, subparagraph (1), former section 2557, section 2557-A or section 2558 or the revocation is issued pursuant to section 2555.
[ 2005, c. 606, Pt. A, §9 (AMD) .]
 
5. Eligibility.  If a conviction is based on former section 2551 or section 2551-A, subsection 1, paragraph B, the person must have completed the period of suspension required for the OUI conviction and the Secretary of State must have received written notice that the person has satisfactorily completed the alcohol and drug program.
[ 2005, c. 606, Pt. B, §7 (AMD) .]
 
6. Revocation of work-restricted license.  The Secretary of State shall revoke, without preliminary hearing, the license of a person who is adjudicated or convicted of a violation of the provisions of this Title committed during the period of a work-restricted license or who violates a restriction or condition of the license.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
 
7. Stay vacated.  On revocation of the work-restricted license, the stay of revocation issued pursuant to this section is immediately vacated.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
 
8. Hearing.  An habitual offender whose work-restricted license has been revoked may request a hearing within 30 days of the revocation.
 
A stay of revocation may not be issued pending a hearing.
If, after the hearing, the Secretary of State finds that the person is not the same person named in the transcript or abstract, the revocation must be stayed and a work-restricted license must be reissued.
If the Secretary of State finds that the person is the same person named in the transcript or abstract, the revocation must be invoked.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
 
9. New offense.  An habitual offender who is adjudicated or convicted of a violation of the provisions of this Title while operating under a work-restricted license is not entitled to any further relief during the remaining term of the revocation.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1999, c. 641, §1 (AMD). 2001, c. 514, §3 (AMD). 2005, c. 606, §§A9,B7 (AMD).

 

§2557. Operating after habitual offender revocation

(REPEALED)

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 65, §§A153,C15 (AFF). 1995, c. 65, §§C13,14 (AMD). 1997, c. 476, §1 (AMD). 1997, c. 776, §51 (AMD). 2003, c. 452, §§Q90-92 (AMD). 2003, c. 452, §X2 (AFF). 2003, c. 673, §§TT6,7 (AMD). 2005, c. 606, §A10 (RP).

§2557-A. Operating after habitual offender revocation

1. Operating after habitual offender revocation.  A person commits operating after habitual offender revocation if that person:
 
A. Operates a motor vehicle on a public way, as defined in Title 17-A, section 505, subsection 2, when that person's license to operate a motor vehicle has been revoked under this subchapter or former Title 29, chapter 18-A and that person:
 
(1) Has received written notice of the revocation from the Secretary of State;
 
(2) Has been orally informed of the revocation by a law enforcement officer;
 
(3) Has actual knowledge of the revocation; or
 
(4) Is a person to whom written notice was sent in accordance with section 2482 or former Title 29, section 2241, subsection 4; or [2005, c. 606, Pt. A, §11 (NEW).]
 
B. After having one or more prior convictions for violating former section 2557, this section or section 2558, violates section 2412-A. [2005, c. 606, Pt. A, §11 (NEW).]
[ 2005, c. 606, Pt. A, §11 (NEW) .]
2. Penalties.  The following penalties apply.
 
A. A person is guilty of a Class D crime if the person violates subsection 1 and:
 
(1) The person has not been convicted for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; and
 
(2) The person has not received an OUI conviction within the previous 10 years.
The minimum fine for a Class D crime under this paragraph is $500 and the minimum term of imprisonment is 30 days, neither of which may be suspended by the court. [2009, c. 54, §5 (AMD); 2009, c. 415, Pt. C, §§2, 3 (AFF).]
 
B. A person is guilty of a Class C crime if the person violates subsection 1 and:
 
(1) The person has one conviction for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; or
 
(2) The person has one OUI conviction within the previous 10 years.
The minimum fine for a Class C crime under this paragraph is $1,000 and the minimum term of imprisonment is 6 months, neither of which may be suspended by the court. [2009, c. 54, §5 (AMD); 2009, c. 415, Pt. C, §§2, 3 (AFF).]
 
C. A person is guilty of a Class C crime if the person violates subsection 1 and:
 
(1) The person has 2 convictions for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; or
 
(2) The person has 2 OUI convictions within the previous 10 years.
The minimum fine for a Class C crime under this paragraph is $1,000 and the minimum term of imprisonment is 9 months plus a day, neither of which may be suspended by the court. [2009, c. 54, §5 (AMD); 2009, c. 415, Pt. C, §§2, 3 (AFF).]
 
D. A person is guilty of a Class C crime if the person violates subsection 1 and:
 
(1) The person has 3 or more convictions for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; or
 
(2) The person has 3 or more OUI convictions within the previous 10 years.
The minimum fine for a Class C crime under this paragraph is $1,000 and the minimum term of imprisonment is 2 years, neither of which may be suspended by the court. [2009, c. 54, §5 (AMD); 2009, c. 415, Pt. C, §§2, 3 (AFF).]
[ 2009, c. 54, §5 (AMD); 2009, c. 415, Pt. C, §§2, 3 (AFF) .]
3. Strict liability.  Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
[ 2005, c. 606, Pt. A, §11 (NEW) .]
4. Relief from habitual offender status.  The Secretary of State may not grant relief from habitual offender status under section 2554 until at least 3 years have passed after the original date scheduled for eligibility to apply for relief of that status.
[ 2005, c. 606, Pt. A, §11 (NEW) .]
5. Presumption of identity.  If the name and date of birth of a person being prosecuted are the same as those of the habitual offender whose privilege to operate has been suspended, it is prima facie evidence that it is the same person.
[ 2005, c. 606, Pt. A, §11 (NEW) .]
6. Notice to Secretary of State.  A law enforcement officer who has arrested a person for or charged a person with violating this section shall notify the Secretary of State of that action.
[ 2005, c. 606, Pt. A, §11 (NEW) .]

SECTION HISTORY

2005, c. 606, §A11 (NEW). 2009, c. 54, §5 (AMD). 2009, c. 415, Pt. C, §§2, 3 (AFF).

§2558. Aggravated operating after habitual offender revocation

1. Crime.  A person is guilty of aggravated operating after habitual offender revocation if that person violates section 2557-A and at the time of the violation the person commits one or more of the following:
 
A. OUI in violation of section 2411; [2005, c. 606, Pt. A, §12 (NEW).]
 
B. Driving to endanger in violation of section 2413; [2005, c. 606, Pt. A, §12 (NEW).]
 
C. Eluding an officer in violation of section 2414; [2005, c. 606, Pt. A, §12 (NEW).]
 
D. Passing a roadblock in violation of section 2414, subsection 4; and [2005, c. 606, Pt. A, §12 (NEW).]
 
E. Operating a motor vehicle at a speed that exceeds the maximum speed limit by 30 miles per hour or more. [2005, c. 606, Pt. A, §12 (NEW).]
[ 2005, c. 606, Pt. A, §12 (NEW) .]
2. Penalties.  The following penalties apply.
 
A. A person who violates subsection 1 commits a Class D crime for which a minimum fine of $500 and a minimum term of imprisonment of 6 months must be imposed, neither of which may be suspended by the court. [2005, c. 606, Pt. A, §12 (NEW).]
 
B. A person who violates subsection 1 and at the time has one OUI conviction, one conviction for violating this section or one conviction for violating former section 2557 or section 2557-A within the previous 10 years commits a Class C crime for which a minimum fine of $1,000 and a minimum term of imprisonment of one year must be imposed, neither of which may be suspended by the court. [2009, c. 415, Pt. C, §§2, 3 (AFF); 2009, c. 415, Pt. C, §1 (AMD).]
 
C. A person who violates subsection 1 and at the time has 2 convictions for violating this section, former section 2557 or section 2557-A within the previous 10 years commits a Class C crime for which a minimum fine of $2,000 and a minimum term of imprisonment of 2 years must be imposed, neither of which may be suspended by the court. [2005, c. 606, Pt. A, §12 (NEW).]
 
D. A person who violates subsection 1 and at the time has 3 or more convictions for violating this section, former section 2557 or section 2557-A within the previous 10 years commits a Class C crime for which a minimum fine of $3,000 and a term of imprisonment of 5 years must be imposed, neither of which may be suspended by the court. [2005, c. 606, Pt. A, §12 (NEW).]
[ 2009, c. 415, Pt. C, §§2, 3 (AFF); 2009, c. 415, Pt. C, §1 (AMD) .]
3. Strict liability.  Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
[ 2005, c. 606, Pt. A, §12 (NEW) .]
4. Relief from habitual offender status.  The Secretary of State may not grant relief from habitual offender status under section 2554 until at least 3 years have passed after the original date scheduled for eligibility to apply for relief of that status.
[ 2005, c. 606, Pt. A, §12 (NEW) .]
5. Presumption of identity.  If the name and date of birth of a person being prosecuted are the same as those of the habitual offender whose privilege to operate has been suspended, it is prima facie evidence that it is the same person.
[ 2005, c. 606, Pt. A, §12 (NEW) .]
6. Notice to Secretary of State.  A law enforcement officer who has arrested a person for or charged a person with violating this section shall notify the Secretary of State of that action.
[ 2005, c. 606, Pt. A, §12 (NEW) .]

SECTION HISTORY

2005, c. 606, §A12 (NEW). 2009, c. 54, §6 (AMD). 2009, c. 415, Pt. C, §§2, 3 (AFF). 2009, c. 415, Pt. C, §1 (AMD).

 
 
 
     

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