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131st MAINE LEGISLATURE
FIRST SPECIAL SESSION-2023
Legislative Document No. 1519H.P. 974 House of Representatives, April 5, 2023
An Act to Amend the Laws Governing Operating Under the
Influence
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered
printed.
ROBERT B. HUNT
Clerk
Presented by Representative GREENWOOD of Wales. (BY REQUEST) Page 1 - 131LR1835(01)
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2 as amended by PL 2009, c. 447, §37,
3 is further amended by amending subparagraph (2) to read:
4 (2) While having an alcohol level of 0.08 grams or more of alcohol per 100
5 milliliters of blood or 210 liters of breath as established through chemical analysis
6 or an alcohol level of 0.09 grams or more of alcohol per 100 milliliters of blood or
7 210 liters of breath as established using a self-contained breath-alcohol apparatus
8 test;
9 as corrected by RR 2015, c. 2, §18, is
10 amended by amending subparagraph (2) to read:
11 (2) Has either a prior conviction for a Class B or Class C crime under this section
12 or former Title 29, section 1312‑B or a prior criminal homicide conviction
13 involving or resulting from the operation of a motor vehicle while under the
14 influence of intoxicating liquor or drugs or with an alcohol level of 0.08 grams or
15 more of alcohol per 100 milliliters of blood or 210 liters of breath as established
16 through chemical analysis or an alcohol level of 0.09 grams of alcohol per 100
17 milliliters of blood or 210 liters of breath as established using a self-contained
18 breath-alcohol apparatus test. For purposes of this subparagraph, the 10-year
19 limitation specified in section 2402 and Title 17‑A, section 9‑A, subsection 3 does
20 not apply to the prior criminal homicide conviction or to a prior conviction for a
21 Class B or Class C crime under this section or former Title 29, section 1312‑B.
22 The convictions may have occurred at any time.
23 as amended by PL 2009, c. 447, §39, is further
24 amended to read:
25‑A, paragraph A may
26 be pleaded in the alternative. The State is not required to elect between the alternatives
27 prior to submission to the fact finder. In a prosecution under subsection 1‑A, paragraph D,
28 the State need not prove that the defendant's condition of being under the influence of
29 intoxicants or having an alcohol level of 0.08 grams or more of alcohol per 100 milliliters
30 of blood or 210 liters of breath as established through chemical analysis or an alcohol level
31 of 0.09 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath as
32 established using a self-contained breath-alcohol apparatus test caused the serious bodily
33 injury or death alleged. The State must prove only that the defendant's operation caused
34 the serious bodily injury or death. The court shall apply Title 17‑A, section 33 in assessing
35 any causation under this section.
36 as amended by PL 2009, c. 447, §43, is further
37 amended to read:
38
39 is subject to seizure by a law enforcement officer when:
40 A. The owner-operator operates or attempts to operate that motor vehicle under the
41 influence of intoxicating liquor or drugs or while having an alcohol level of 0.08 grams
42 or more of alcohol per 100 milliliters of blood or 210 liters of breath as established
43 through chemical analysis or an alcohol level of 0.09 grams or more of alcohol per 100 Page 2 - 131LR1835(01)
44 milliliters of blood or 210 liters of breath as established using a self-contained breath-
45 alcohol apparatus test; and
3 B. The owner-operator is under suspension or revocation as a result of a previous
4 conviction of operating under influence of alcohol or drugs or while having an alcohol
5 level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath
6 as established through chemical analysis or an alcohol level of 0.09 grams or more of
7 alcohol per 100 milliliters of blood or 210 liters of breath as established using a self-
8 contained breath-alcohol apparatus test.
9 as amended by PL 2011, c. 335, §4, is further
10 amended to read:
11
12 If a person has an alcohol level in excess of 0.05 grams of alcohol but less
13 than 0.08 grams of alcohol per 100 milliliters of blood or 210 liters of breath as established
14 through chemical analysis or an alcohol level in excess of 0.05 grams of alcohol but less
15 than 0.09 grams of alcohol per 100 milliliters of blood or 210 liters of breath as established
16 using a self-contained breath-alcohol apparatus test, it is admissible evidence, but not prima
17 facie, indicating whether or not that person is under the influence of intoxicants to be
18 considered with other competent evidence, including evidence of a confirmed positive drug
19 or metabolite test result.
20 as amended by PL 2009, c. 447, §48, is further
21 amended to read:
22 In
23 proceedings other than under section 2411, a person is presumed to be under the influence
24 of intoxicants if that person has an alcohol level of 0.08 grams or more of alcohol per 100
25 milliliters of blood or 210 liters of breath as established through chemical analysis or an
26 alcohol level of 0.09 grams or more of alcohol per 100 milliliters of blood or 210 liters of
27 breath as established using a self-contained breath-alcohol apparatus test.
28 as amended by PL 2009, c. 447, §49, is further
29 amended to read:
30
31 excessive alcohol level" means operating a motor vehicle with an alcohol level of 0.08
32 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath as established
33 through chemical analysis or an alcohol level of 0.09 grams or more of alcohol per 100
34 milliliters of blood or 210 liters of breath as established using a self-contained breath-
35 alcohol apparatus test.
36 as amended by PL 2009, c. 447, §50, is
37 further amended to read:
38 A. The person was operating under the influence of intoxicating liquor or drugs, or
39 with an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or
40 210 liters of breath as established through chemical analysis or an alcohol level of 0.09
41 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath as
42 established using a self-contained breath-alcohol apparatus test;
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1 as amended by PL 2009, c. 447, §51, is
2 further amended to read:
3 B. While having an alcohol level of more than 0.08 grams per 100 milliliters of blood
4 or 210 liters of breath as established through chemical analysis or an alcohol level of
5 0.09 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath as
6 established using a self-contained breath-alcohol apparatus test; or
7 as amended by PL 2009, c. 447, §55, is
8 further amended to read:
9 C. If a person is determined to have operated a motor vehicle with an alcohol level of
10 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath as
11 established through chemical analysis or an alcohol level of 0.09 grams or more of
12 alcohol per 100 milliliters of blood or 210 liters of breath as established using a self-
13 contained breath-alcohol apparatus test and both this section and section 2453 apply,
14 the longer period of suspension applies.
15 as amended by PL 2021, c. 216, §48, is
16 further amended to read:
17 A. The license of a person with 2 OUI offenses may be reinstated after 9 2 months of
18 the suspension period has been served if the person has installed an ignition interlock
19 device approved by the Secretary of State in the motor vehicle the person operates for
20 the length of suspension time remaining.
21 is enacted to read:
22
23 has been reinstated pursuant to subsection 1 subject to the installation of an ignition
24 interlock device may petition the Secretary of State for and the secretary may approve a
25 modification of the conditions imposed under subsection 1 due to special circumstances
26 involving the health care needs of the person or the geographic location of the person's
27 place of residence.
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29 This bill amends provisions in the motor vehicle laws regarding operating under the
30 influence, or OUI, as follows.
31 1. Under the current motor vehicle laws, a person commits criminal OUI if the person
32 operates a motor vehicle while under the influence of intoxicants or while having an alcohol
33 level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath.
34 This bill provides that, if that alcohol level is established using a self-contained breath-
35 alcohol apparatus test and not through chemical analysis, the threshold for criminal OUI is
36 an alcohol level of 0.09 grams or more of alcohol per 100 milliliters of blood or 210 liters
37 of breath. The threshold remains at 0.08 grams or more of alcohol per 100 milliliters of
38 blood or 210 liters of breath if established through chemical analysis. The bill incorporates
39 this distinction in other motor vehicle laws relating to criminal OUI.
40 2. Under current law, the license of a person with 2 OUI offenses may be reinstated
41 after 9 months of a suspension period has been served if the person installs an ignition
42 interlock device approved by the Secretary of State in the motor vehicle the person operates
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43 for the length of suspension time remaining. This bill allows for such a person's license to
44 be reinstated after 2 months of a suspension period has been served subject to the
45 installation of an ignition interlock device.
4 3. The bill provides that a person whose license has been reinstated subject to the
5 installation of an ignition interlock device may petition the Secretary of State for and the
6 secretary may approve a modification of imposed conditions due to special circumstances
7 involving the health care needs of the person or the geographic location of the person's
8 place of residence.
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