Maine § 29-A §2521 Implied consent to chemical tests

Maine Statutes

§ 29-A §2521 — Implied consent to chemical tests

Maine·Title 29-A MOTOR VEHICLES AND TRAFFIC·Ch. 23 MAJOR OFFENSES - SUSPENSION AND REVOCATION

1.Mandatory submission to test. If there is probable cause to believe a person has operated a motor vehicle while under the influence of intoxicants, that person shall submit to and complete a test to determine an alcohol level and the presence of a drug or drug metabolite by analysis of blood, breath or urine.

2.Type of test. A law enforcement officer shall administer a breath test unless, in that officer's determination, a breath test is unreasonable.

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:

4.Exclusion as evidence. A test result may not be excluded as evidence in a proceeding before an administrative of

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1.
Mandatory submission to test.
If there is probable cause to believe a person has operated a motor vehicle while under the influence of intoxicants, that person shall submit to and complete a test to determine an alcohol level and the presence of a drug or drug metabolite by analysis of blood, breath or urine.
2.
Type of test.
A law enforcement officer shall administer a breath test unless, in that officer's determination, a breath test is unreasonable.
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:
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.
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.
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.
6-A.
Suspension for refusal when probable cause exists to believe death has occurred or will occur.
Except when a longer period of suspension is otherwise provided by law, if, in addition to the probable cause set forth in subsection 1, there is also probable cause to believe that death occurred or will occur, the suspension is for a period of one year for a first refusal.
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.
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:
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.

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Legislative History

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