Maine OUI Chemical Testing Explained

Upon arrest for OUI in the state of Maine, the police will request you to submit to chemical testing of your blood, urine, or breath in order to determine the amount of alcohol and/or drugs present therein. A breath test will be given unless the officer determines that a breath test is unreasonable. The officer may determine which type of breath test is to be given. If a breath test is unreasonable, another test must be administered in place of a breath test. If a blood test is requested, the driver may choose a physician, if reasonably available.

BLOOD TESTING - Persons involved in an accident resulting in the death or likelihood of death of another must submit to a blood test. Refusal to submit to a blood test will result in the suspension of the person's license for a period of 3 years. Only a physician, registered physician's assistant, registered nurse, person whose occupational license or training allows that person to draw blood samples or a person certified by the Department of Health and Human Services may draw a specimen of blood for the purpose of determining the blood-alcohol level or drug concentration. A person conducting an analysis of blood-alcohol level or drug concentration must be certified by the Department of Health and Human Services

BREATH TESTING - A person certified by the Maine Criminal Justice Academy as qualified to operate an approved self-contained, breath-alcohol testing apparatus may operate an apparatus to collect and analyze a sample specimen of breath. A sample specimen of breath or urine may be submitted to the Department of Health and Human Services or a person certified by the Department of Health and Human Services for the purpose of conducting chemical tests to determine blood-alcohol level or drug concentration. Breath tests in Maine are conducted on machines called the Intoxilyzer 5000. Persons must be observed for a period of at least 20 minutes prior to testing to ensure that nothing is placed into the mouth that could affect the validity of the test result. 2 breath samples will be taken, and the results will be averaged.

PRELIMINARY BREATH TESTS (PBTS) - Preliminary breath tests are administered on scene prior to arrest using handheld breath testing devices. The results of PBTs are generally not admissible in court and there is no penalty for refusing to submit to one. PBTs are only used to help aide an officer in making a determination of whether he has probable cause to make an arrest.

URINE TESTING - Urine testing is the least reliable chemical test. Urine is most commonly requested in cases where the police suspect impairment by drugs. All urine collection, storage, and analysis must be conducted in accordance with the applicable rules and procedures that govern chemical test analysis.

Upon request, full information concerning any chemical test that was administered by the police must be made available to the person tested or that person's attorney by the law enforcement officer.