In Maine, a person is guilty of DUI if the person operates a motor vehicle while under the influence of intoxicants. 29-A Me. Rev. Stat. Ann. § 2411(1-A)(A)(1) (West 2010).
- 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. Id. §2521(1). The law enforcement officer shall administer a breath test of his choosing unless, in that officer’s determination, a breath test is unreasonable. Id. § 2521(2).
- Before the chemical tests, the officer must notify the driver of the consequences of refusing to submit to the tests. Id. §2521(3). However, a test result may not be excluded as evidence solely as a result of the failure of the law enforcement officer to provide the warnings. Id. § 2521(4).
- Refusal of test shall result in immediate suspension of license for 275 days, and will be considered an aggravating factor at sentencing. Id. §2521(5)-(6). 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. Id. § 2431(3).
- First offense -mandatory minimum penalty of 90 days license suspension, $500 fine, up to 364 days in jail, up to a $2,000 fine, one year of probation. Id. §§ 2411(5)(A), (F).
- Second offense – minimum seven-day jail sentence, $700 fine, 18-month license suspension without a work-only license, right to register a vehicle for the period of the suspension revoked, possible court ordered drug or alcohol treatment. Id. §§ 2411(5)(B), (F).
- Third offense – minimum thirty-day jail sentence up to 5 years; $1,100 to $5,000 fine; four-year license suspension without a work-only license; possible court ordered drug or alcohol treatment; two years of probation. Id. §§ 2411(5)(C), (F).
- Fourth or subsequent offense –minimum six months in jail up to 5 years, $2,100 to $5,000 fine; six-year license suspension; possible court ordered drug or alcohol treatment; two years of probation. Id. §§ 2411(5)(D), (F).
Other Penalties & Penalty Enhancers
- Driving with a passenger under the age of 21 adds an additional 275 day license suspension. If offender is less than 21, there is an additional license suspension of 180 days. Id. §2411(5)(G).
In Maine, law enforcement officials are entitled to conduct sobriety checkpoints under the federal Constitution.
- Sobriety checkpoint do not encroach on constitutional protections against unreasonable searches and seizures when all vehicles are stopped, stops are brief, the checkpoint is conducted according to previously approved procedures. State v. Leighton, 551 A.2d 116 (Me. 1988)
- Turning away from roadblock into driveway creates probable cause and suspicion of criminal conduct. State v. D’Angelo, 605 A.2d 68 (Me. 1992).