Maine Revised Statutes Title 29-A Sec. 2453-A – Suspension on administrative determination; operating under the influence of drugs
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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 2011, c. 335, §5 (NEW).]
B. To remove quickly from public ways those persons who have shown themselves to be a safety hazard by operating a motor vehicle while under the influence of drugs. [PL 2011, c. 335, §5 (NEW).]
[PL 2011, c. 335, §5 (NEW).]
Terms Used In Maine Revised Statutes Title 29-A Sec. 2453-A
- Conviction: A judgement of guilt against a criminal defendant.
- drugs: includes any natural or artificial chemical substance that, when taken into the human body, can impair the ability of the person to safely operate a motor vehicle. See Maine Revised Statutes Title 29-A Sec. 2401
- 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. test: means a test or tests used to determine alcohol level or the presence of a drug or drug metabolite by analysis of blood, breath or urine. See Maine Revised Statutes Title 29-A Sec. 2401 Vehicle: means a device for conveyance of persons or property on a way. See Maine Revised Statutes Title 29-A Sec. 101
2. Report of drug recognition expert. A drug recognition expert certified in accordance with section 2526 who has probable cause to believe that a person was operating a motor vehicle 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 shall send to the Secretary of State a report, under oath on a form approved by the Secretary of State, of all relevant information, including, but not limited to, the following:
A. Information adequately identifying the person who is the subject of the report; and [PL 2011, c. 335, §5 (NEW).]
B. The grounds the drug recognition expert had for probable cause to believe the person operated a motor vehicle while under the influence of drugs. [PL 2011, c. 335, §5 (NEW).]
Section 2481, subsections 2 and 3 apply to the report submitted by the drug recognition expert.
[PL 2011, c. 335, §5 (NEW).]
3. Drug test. The person who analyzed the drug or its metabolite in the blood or urine of the person who is the subject of the drug recognition expert’s report under subsection 2 shall send a copy of a confirmed positive test result certificate to the Secretary of State.
[PL 2011, c. 335, §5 (NEW).]
4. Suspension. The Secretary of State shall immediately suspend a license of a person determined to have operated a motor vehicle under the influence of drugs.
[PL 2011, c. 335, §5 (NEW).]
5. Period of suspension. The following periods of suspension apply.
A. The same suspension period applies as if the person were convicted for OUI. [PL 2011, c. 335, §5 (NEW).]
B. 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 pursuant to this section prior to the conviction must be deducted from the period of time of a court-imposed suspension. [PL 2011, c. 335, §5 (NEW).]
[PL 2011, c. 335, §5 (NEW).]
6. Stay of suspension. 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 2011, c. 335, §5 (NEW).]
7. Hearing. The scope of the hearing must include whether:
A. The person operated a motor vehicle with a confirmed positive blood or urine test for a drug or its metabolite; [PL 2011, c. 335, §5 (NEW).]
B. There was probable cause to believe that the person was operating a motor vehicle while 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; and [PL 2011, c. 335, §5 (NEW).]
C. The person operated a motor vehicle under the influence of the confirmed drug. [PL 2011, c. 335, §5 (NEW).]
[PL 2011, c. 335, §5 (NEW).]
8. Restoration of license. 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 2011, c. 335, §5 (NEW).]
SECTION HISTORY
PL 2011, c. 335, §5 (NEW).