| | |
test or any combination of those tests.__Tests and procedures for | | determining whether a person is under the influence of intoxicating | | liquor or drugs are governed by section 10703. |
|
| | | 2.__Failure to comply with duty to submit. A person shall | | submit to and__complete a blood-alcohol or drug concentration | | test, or both, when requested to do so by a law enforcement | | officer who has probable cause to believe that the person hunted | | or operated or attempted to operate a watercraft, snowmobile or | | ATV while under the influence of intoxicating liquor or drugs. |
|
| | | 3.__Penalties.__A person who violates this section commits a | | civil violation for which a fine of up to $500 may be adjudged. |
|
| | | Sec. B-77. 12 MRSA §10703, sub-§2, as enacted by PL 2003, c. 414, Pt. | | A, §2 and affected by Pt. D, §7, is amended to read: |
|
| | | 2. Prerequisites to tests. Before any test is given, the law | | enforcement officer shall inform the person to be tested of the | | consequences of refusing to comply with the test. If the person | | fails to comply with the duty to submit to and complete the | | requested chemical tests at the direction of the law enforcement | | officer, that person is committing a civil violation for which | the person may be required to pay a civil forfeiture | | to $500. The officer shall also inform the person that the | | failure to comply with the duty to submit to a chemical test is | | admissible in evidence against that person at any trial for | | hunting or operating under the influence of intoxicating liquor | | or drugs or a combination of liquor and drugs. |
|
| | | Test results may not be excluded as evidence in any proceeding | | before any administrative officer or court of this State as a | | result of the failure of the law enforcement officer to comply | | with these prerequisites. The only effects of the failure of the | | officer to comply with the prerequisites are as provided in | | subsection 7. |
|
| | | Sec. B-78. 12 MRSA §10703, sub-§4, śC, as enacted by PL 2003, c. 414, | | Pt. A, §2 and affected by Pt. D, §7, is amended to read: |
|
| | | C. For purposes of evidence in proceedings other than those | arising under section 10701, subsection 1 | | 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% or more by weight; and |
|
| | | (2) For a person less than 21 years of age, any amount | | of alcohol in the blood. |
|
|
