29-A §2432. Alcohol level; evidentiary weight - Maine Statutes

Title 29-A: MOTOR VEHICLES HEADING: PL 1993, C. 683, PT. A, §2 (NEW); PT. B, §5 (AFF)

Chapter 23: MAJOR OFFENSES - SUSPENSION AND REVOCATION HEADING: PL 1993, C. 683, PT. A, §2 (NEW); PT. B, §5 (AFF)

Subchapter 2: JUDICIAL ACTIONS HEADING: PL 1993, C. 683, PT. A, §2 (NEW); PT. B, §5 (AFF)

Article 3: JUDICIAL PROCEDURES HEADING: PL 1993, C. 683, PT. A, §2 (NEW); PT. B, §5 (AFF)

§2432. Alcohol level; evidentiary weight

1. Level less than 0.05 grams. If a person has an alcohol level of 0.05 grams or less of alcohol per 100 milliliters of blood or 210 liters of breath, it is prima facie evidence that that person is not under the influence of alcohol.

[ 2009, c. 447, §48 (AMD) .]

2. Level greater than 0.05 grams and less than 0.08 grams. If a person has an alcohol level in excess of 0.05 grams of alcohol but less than 0.08 grams of alcohol per 100 milliliters of blood or 210 liters of breath, 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.

[ 2009, c. 447, §48 (AMD) .]

3. Level of 0.08 grams or greater. In proceedings other than under section 2411, a person is presumed to be under the influence of intoxicants if that person has an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath.

[ 2009, c. 447, §48 (AMD) .]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 2009, c. 447, §48 (AMD).