Maine Revised Statutes Title 29-A Sec. 2453 – Suspension on administrative determination; excessive alcohol level
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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 [PL 1993, c. 683, Pt. A, §2 (NEW); PL 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. [PL 2009, c. 447, §49 (AMD).]
[PL 2009, c. 447, §49 (AMD).]
Terms Used In Maine Revised Statutes Title 29-A Sec. 2453
- Alcohol and drug program: means the alcohol and other drug education, evaluation and treatment program administered by the Department of Health and Human Services under Title 5, chapter 521, subchapter 5. See Maine Revised Statutes Title 29-A Sec. 2401
- Alcohol level: means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. See Maine Revised Statutes Title 29-A Sec. 2401
- Conviction: A judgement of guilt against a criminal defendant.
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- License: includes , but is not limited to, a nonresident operating privilege and the privilege of a person to apply for or obtain a license or permit to operate a motor vehicle. See Maine Revised Statutes Title 29-A Sec. 101
- Motor vehicle: means a self-propelled vehicle not operated exclusively on railroad tracks, but does not include:
A. See Maine Revised Statutes Title 29-A Sec. 101OUI: means operating under the influence of intoxicants or with an excessive alcohol level under section 2411, 2453, 2453?A, 2454, 2456, 2457 or 2472. See Maine Revised Statutes Title 29-A Sec. 2401 Person: means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity. See Maine Revised Statutes Title 29-A Sec. 101 Probable cause: A reasonable ground for belief that the offender violated a specific law. Vehicle: means a device for conveyance of persons or property on a way. See Maine Revised Statutes Title 29-A Sec. 101
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.
[PL 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.
[PL 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.
[PL 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.
[PL 1993, c. 683, Pt. A, §2 (NEW); PL 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. [PL 2003, c. 434, §29 (AMD); PL 2003, c. 434, §37 (AFF).]
B. [PL 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. [PL 1993, c. 683, Pt. A, §2 (NEW); PL 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. [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
[PL 2003, c. 434, §29 (AMD); PL 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. [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
[PL 1993, c. 683, Pt. A, §2 (NEW); PL 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 [PL 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. [PL 2009, c. 447, §49 (AMD).]
[PL 2009, c. 447, §49 (AMD).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §B5 (AFF). PL 1997, c. 737, §13 (AMD). PL 2003, c. 434, §29 (AMD). PL 2003, c. 434, §37 (AFF). PL 2009, c. 447, §49 (AMD).