Sec. 1. 29-A MRSA §2411, sub-§9 is enacted to read:

9.__Detention.__A law enforcement officer may detain an operator arrested for a violation of subsection 1.__The detention must be accomplished as follows:

A.__The operator must be the sole occupant of the vehicle or, if there are passengers, the only person who is legally authorized to drive.__If there is a licensed, legally authorized passenger capable of driving and willing to drive, then the operator may be released.__For purposes of this paragraph, a passenger who appears intoxicated to the officer is not legally authorized to drive;

B.__The operator must be transported to the jail for the county in which the crime occurred; and

C.__The operator must be released as soon as:

(1)__The person in charge of the jail determines that the operator is no longer under the influence and is no longer a hazard to the person or others; or

(2)__The operator obtains a ride from someone who is legally authorized to drive.__For purposes of this subparagraph, a person who appears intoxicated to the officer is not legally authorized to drive.

SUMMARY

This bill allows a law enforcement officer who arrests a person for operating a motor vehicle while under the influence of alcohol or drugs to detain that operator for a period of time until the operator is no longer a danger to that operator or to others. The operator may be released if there is a passenger in the vehicle who is licensed to drive and not intoxicated or if another person who is licensed to drive and not intoxicated picks the operator up from the jail.