SP0414, LD 1166, item 1 , An Act To Reduce the OUI Limit to .06

An Act To Reduce the OUI Limit to .06

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §10701, sub-§1-A, as enacted by PL 2003, c. 655, Pt. B, §74 and as affected by §422, is amended to read:

1-A. Prohibition. Prohibitions against hunting and operating under the influence are as follows.

A. A person may not hunt wild animals or wild birds:

(1) While under the influence of intoxicating liquor or drugs or a combination of liquor and drugs;

(2) If 21 years of age or older, while having 0.08% 0.06% or more by weight of alcohol in that person's blood; or

(3) If less than 21 years of age, while having any amount of alcohol in that person's blood.

B. A person may not operate or attempt to operate a watercraft:

(1) While under the influence of intoxicating liquor or drugs or a combination of liquor and drugs;

(2) If 21 years of age or older, while having 0.08% 0.06% or more by weight of alcohol in that person's blood; or

(3) If less than 21 years of age, while having any amount of alcohol in the blood.

C. A person may not operate or attempt to operate a snowmobile:

(1) While under the influence of intoxicating liquor or drugs or a combination of liquor and drugs;

(2) If 21 years of age or older, while having 0.08% 0.06% or more by weight of alcohol in that person's blood; or

(3) If less than 21 years of age, while having any amount of alcohol in the blood.

D. A person may not operate or attempt to operate an ATV:

(1) While under the influence of intoxicating liquor or drugs or a combination of liquor and drugs;

(2) If 21 years of age or older, while having 0.08% 0.06% or more by weight of alcohol in that person's blood; or

(3) If less than 21 years of age, while having any amount of alcohol in the blood.

Sec. 2. 12 MRSA §10701, sub-§3, ¶A, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §75 and affected by §422, is further amended to read:

A. In the case of a person having no previous convictions of a violation of subsection 1-A within the previous 6-year period, the fine may not be less than $400. If that person was adjudicated within the previous 6-year period for failure to comply with the duty to submit to and complete a blood-alcohol test under section 10702, subsection 1, the fine may not be less than $500. A conviction under this paragraph must include a period of incarceration of not less than 48 hours, none of which may be suspended, when the person:

(1) Was tested as having a blood-alcohol level of 0.15% or more;

(2) Failed or refused to stop upon request or signal of an officer in uniform, pursuant to section 6953 or 10651, during the operation that resulted in prosecution for operating under the influence or with a blood-alcohol level of 0.08% 0.06% or more; or

(3) Failed to submit to a chemical test to determine that person's blood-alcohol level or drug concentration, requested by a law enforcement officer on the occasion that resulted in the conviction.

Sec. 3. 12 MRSA §10703, sub-§4, ¶B, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

B. If there was, at the time alleged, in excess of 0.05% but less than 0.08% 0.06% by weight of alcohol in the blood of a defendant who was 21 years of age or older at the time of the arrest, it is relevant evidence, but it is not to be given prima facie effect in indicating whether or not the defendant was under the influence of intoxicating liquor within the meaning of this section, but that fact may be considered with other competent evidence in determining whether or not the defendant was under the influence of intoxicating liquor.

Sec. 4. 12 MRSA §10703, sub-§4, ¶C, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §78 and affected by §422, is further amended to read:

C. For purposes of evidence in proceedings other than those arising under section 10701, subsection 1-A, it is presumed that a person was under the influence of intoxicating liquor when that person has:

(1) For a person 21 years of age or older, a blood-alcohol level of 0.08% 0.06% or more by weight; and

(2) For a person less than 21 years of age, any amount of alcohol in the blood.

Sec. 5. 29-A MRSA §1653, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and as affected by Pt. B, §5, is amended to read:

1. Liability. An owner or person having control of a motor vehicle who, having knowledge or reason to know that a person is under the influence of intoxicating liquor or drugs or has a blood-alcohol level of .08% 0.06% or more by weight of alcohol in the blood, permits that person to operate that motor vehicle is jointly and severally liable with that person for damages caused by the negligence of the person.

Sec. 6. 29-A MRSA §2404, as enacted by PL 1993, c. 683, Pt. A, §2 and as affected by Pt. B, §5, is amended to read:

§ 2404. Owner liable for damage by impaired operator

An owner or person having control over a motor vehicle who, having knowledge or reason to know that a person under the influence of intoxicants has a blood-alcohol level of .08% .06% or more by weight of alcohol in the blood, permits that person to operate that motor vehicle is jointly and severally liable with that person for damages caused by the negligence of the person. This section is not in derogation of, does not limit and does not diminish any cause of action or right of recovery that is or may become available under the common law.

Sec. 7. 29-A MRSA §2411, sub-§1-A, ¶A, as enacted by PL 2003, c. 452, Pt. Q, §78 and as affected by Pt. X, §2, is amended to read:

A. Operates a motor vehicle:

(1) While under the influence of intoxicants; or

(2) While having a blood-alcohol level of 0.08% 0.06% or more;

Sec. 8. 29-A MRSA §2411, sub-§1-A, ¶D, as amended by PL 2005, c. 606, Pt. A, §1, is further amended to read:

D. Violates paragraph A, B or C and:

(1) In fact causes serious bodily injury as defined in Title 17-A, section 2, subsection 23 to another person;

(1-A) In fact causes the death of another person; or

(2) Has either a prior conviction for a Class C crime under this section or former Title 29, section 1312-B or a prior criminal homicide conviction involving or resulting from the operation of a motor vehicle while under the influence of intoxicating liquor or drugs or with a blood-alcohol level of 0.08% 0.06% or greater.

Sec. 9. 29-A MRSA §2411, sub-§2, as amended by PL 2003, c. 452, Pt. Q, §79 and as affected by Pt. X, §2, is further amended to read:

2. Pleading and proof. The alternatives outlined in subsection 1-A, paragraph A may be pleaded in the alternative. The State is not required to elect between the alternatives prior to submission to the fact finder. In a prosecution under subsection 1-A, paragraph D, the State need not prove that the defendant's condition of being under the influence of intoxicants or having a blood-alcohol level of 0.08% 0.06% or more caused the serious bodily injury or death alleged. The State must prove only that the defendant's operation caused the serious bodily injury or death. The court shall apply Title 17-A, section 33 in assessing any causation under this section.

Sec. 10. 29-A MRSA §2421, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 and as affected by Pt. B, §5, is amended to read:

2. Seizure of vehicle of owner-operator. A motor vehicle operated by a sole owner is subject to seizure by a law enforcement officer when:

A. The owner-operator operates or attempts to operate that motor vehicle under the influence of intoxicating liquor or drugs or while having 0.08% 0.06% of alcohol by weight in the blood; and

B. The owner-operator is under suspension or revocation as a result of a previous conviction of operating under the influence of alcohol or drugs or while having 0.08% 0.06% of alcohol by weight in the blood.

Sec. 11. 29-A MRSA §2432, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 and as affected by Pt. B, §5, is amended to read:

2. Level greater than 0.05% and less than 0.06%. If a person has a blood-alcohol level in excess of 0.05%, but less than 0.08% 0.06%, it is relevant evidence, but not prima facie, indicating whether or not that person is under the influence of intoxicants to be considered with other competent evidence.

Sec. 12. 29-A MRSA §2432, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and as affected by Pt. B, §5, is amended to read:

3. Level of 0.06% or greater. In proceedings other than under section 2411, a person is presumed to be under the influence of intoxicants if that person has a blood-alcohol level of 0.08% 0.06% or more.

Sec. 13. 29-A MRSA §2453, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 and as affected by Pt. B, §5, is amended to read:

2. Definition. For the purposes of this section, "operating a motor vehicle with an excessive blood-alcohol level" means operating a motor vehicle with a blood-alcohol level of 0.08% 0.06% or more.

Sec. 14. 29-A MRSA §2455, sub-§1, ¶A, as enacted by PL 1993, c. 683, Pt. A, §2 and as affected by Pt. B, §5, is amended to read:

A. The person was operating under the influence of intoxicating liquor or drugs, or with a blood-alcohol of 0.08% 0.06% or greater;

Sec. 15. 29-A MRSA §2456, sub-§1, ¶B, as enacted by PL 1993, c. 683, Pt. A, §2 and as affected by Pt. B, §5, is amended to read:

B. While having a blood-alcohol level of 0.08% 0.06% or more; or

Sec. 16. 29-A MRSA §2457, sub-§3, ¶C, as enacted by PL 1993, c. 683, Pt. A, §2 and as affected by Pt. B, §5, is amended to read:

C. If a person is determined to have operated a motor vehicle with a blood-alcohol level of 0.08% 0.06% or more and both this section and section 2453 apply, the longer period of suspension applies.

summary

This bill reduces the blood-alcohol limit that determines operating under the influence from 0.08% to 0.06%.

SP0414 LD 1166	First Regular Session - 123rd Legislature - Text: MS-Word, RTF or PDF		LR 1942 Item 1
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