Maine Revised Statutes Title 29-A Sec. 2523 – Implied consent; commercial operators
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1. Mandatory submission to test. A person who operates a commercial motor vehicle shall submit to a test to determine that person’s alcohol level or the presence of a drug or drug metabolite if there is probable cause to believe that the person has operated a commercial motor vehicle while having an alcohol level of 0.04 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath or while under the influence of drugs.
[PL 2013, c. 459, §10 (AMD).]
Terms Used In Maine Revised Statutes Title 29-A Sec. 2523
- 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
- Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
A. See Maine Revised Statutes Title 29-A Sec. 101Conviction: 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 failed to submit to a test: means failure to comply with the duty to submit to and complete a chemical test under section 2521 or 2525. See Maine Revised Statutes Title 29-A Sec. 2401 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 OUI conviction: means a conviction for:
A. See Maine Revised Statutes Title 29-A Sec. 2401Person: 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 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Period of suspension. The suspension for failure to submit to a test under subsection 1 is for one year.
A. If the person was operating a commercial motor vehicle containing hazardous materials, then the suspension is for a period of 3 years. [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
B. For 2nd or subsequent failure to submit to a test, the suspension is permanent. [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).]
3. Hearing; issues. If a hearing is requested pursuant to section 2483, the scope of the hearing must include whether:
A. There is probable cause to believe the person operated a commercial motor vehicle while under the influence of drugs or with an alcohol level of 0.04 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath; [PL 2009, c. 447, §69 (AMD).]
B. The person was informed of the consequences of failing to submit to a test; and [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
C. The person failed to submit to a test. [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
[PL 2009, c. 447, §69 (AMD).]
4. Concurrent suspensions. If a person’s commercial driver’s license is suspended under this section and is also suspended for an OUI conviction arising out of the same occurrence, the period of suspension under this section prior to the conviction must be deducted from the period of suspension of the commercial driver’s license for the OUI conviction.
[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §B5 (AFF). PL 2009, c. 447, §§68, 69 (AMD). PL 2013, c. 459, §10 (AMD).