Me. Rev. Stat. tit. 29-A, § 2432

Alcohol level; confirmed positive drug or metabolite test results; evidentiary weight

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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.

[PL 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 admissible evidence, but not prima facie, indicating whether or not that person is under the influence of intoxicants to be considered with other competent evidence, including evidence of a confirmed positive drug or metabolite test result.

[PL 2011, c. 335, §4 (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.

[PL 2009, c. 447, §48 (AMD).]

4. Confirmed presence of drug or drug metabolite. If a person has a trace amount of any drug or the metabolites of any drug within the person's blood or urine in accordance with the drug reporting rules, standards, procedures and protocols adopted by the Department of Health and Human Services, it is admissible evidence, but not prima facie, indicating whether that person is under the influence of intoxicants to be considered with other competent evidence, including evidence of alcohol level.

[PL 2013, c. 459, §4 (AMD).]

SECTION HISTORY

PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §B5 (AFF). PL 2009, c. 447, §48 (AMD). PL 2011, c. 335, §4 (AMD). PL 2013, c. 459, §4 (AMD).

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1999–2025 · leading case: State of Maine v. Kristina I. Lowe

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State of Maine v. Kristina I. Lowe (2015) me “§ 2432(4) (2014), evidence of the presence of “the metabolites of any drug” in a defendant’s blood is “admissible evidence, but not prima facie, indicating whether that person is under the influence of intoxicants to be considered with other competent evidence, including…”

Crowe v. Shaw (2000) me “See 29-A M.R.S.A. § 2432(2) (1996). These circumstances create a genuine issue of material fact regarding whether, at the time Shaw operated his motor vehicle, he was in breach of a duty of care because he was impaired as a result of the use of intoxicants.”

Turner v. Secretary of State (2011) me “29-A M.R.S. § 2432(1) (2008) stated: "If a person has a blood-alcohol level of 0.”

Blackstone v. Quirino (2004) med “” 29-A M.R.S.A. § 2432(1). For obvious reasons, when one factors the intoxilyzer test results into the probable cause calculus, it comes as a surprise that Officer Quirino would have considered Blackstone to have committed the OUI offense.”

State v. Souther (2017) me · cites it 2× “Souther then argued that pursuant to 29-A M.R.S. § 2432(1)—which she summarized as providing that “[i]f a person has an alcohol level of 0.”

State of Maine v. David MacKenzie (2025) me · cites it 3× “7 Title 29-A M.R.S. § 2432 (2025) provides in full: Alcohol level; confirmed positive drug or metabolite test results; evidentiary weight 1.”

State of Maine v. Erica J. Wallace Parkin (2016) me · cites it 2× “29-A M.R.S. § 2432 (2015) states, in pertinent part: 1.”

State v. Souther (2017) me · cites it 2× “Souther then argued that pursuant to 29-A M.R.S. § 2432(1)—which she summarized as providing that “[i]f a person has an alcohol level of 0.”

State v. Souther (2017) me · cites it 2× “Souther then argued that pursuant to 29-A M.R.S. § 2432(1)—which she summarized as providing that “[i]f a person has an alcohol level of 0.”

State v. Shofner (1999) me · cites it 2× “On appeal, Shofner challenges, inter alia, a jury instruction given by the court on the presumption of intoxication established by 29-A M.R.S.A. § 2432 (1996). Finding no error, we affirm the judgment.”

State of Maine v. Samantha Souther (2017) me “She argued that this evidence would be relevant to the issue of impairment and noted that Maine law prescribes presumptions of impairment or non- impairment for certain blood alcohol levels.”

United States v. Nestor (2007) med “Under Maine law, 29-A M.R.S.A. § 2432(2), a blood alcohol level greater than 0.”

— Me. Rev. Stat. tit. 29-A, § 2432(1) — 5 cases

Turner v. Secretary of State (2011) me “29-A M.R.S. § 2432(1) (2008) stated: "If a person has a blood-alcohol level of 0.”

Blackstone v. Quirino (2004) med “” 29-A M.R.S.A. § 2432(1). For obvious reasons, when one factors the intoxilyzer test results into the probable cause calculus, it comes as a surprise that Officer Quirino would have considered Blackstone to have committed the OUI offense.”

State v. Souther (2017) me “Souther then argued that pursuant to 29-A M.R.S. § 2432(1)—which she summarized as providing that “[i]f a person has an alcohol level of 0.”

State v. Souther (2017) me “Souther then argued that pursuant to 29-A M.R.S. § 2432(1)—which she summarized as providing that “[i]f a person has an alcohol level of 0.”

State v. Souther (2017) me “Souther then argued that pursuant to 29-A M.R.S. § 2432(1)—which she summarized as providing that “[i]f a person has an alcohol level of 0.”

— Me. Rev. Stat. tit. 29-A, § 2432(2) — 3 cases

Crowe v. Shaw (2000) me “See 29-A M.R.S.A. § 2432(2) (1996). These circumstances create a genuine issue of material fact regarding whether, at the time Shaw operated his motor vehicle, he was in breach of a duty of care because he was impaired as a result of the use of intoxicants.”

State of Maine v. Erica J. Wallace Parkin (2016) me “29-A M.R.S. § 2432 (2015) states, in pertinent part: 1.”

United States v. Nestor (2007) med “Under Maine law, 29-A M.R.S.A. § 2432(2), a blood alcohol level greater than 0.”

— Me. Rev. Stat. tit. 29-A, § 2432(3) — 2 cases

State of Maine v. David MacKenzie (2025) me “7 Title 29-A M.R.S. § 2432 (2025) provides in full: Alcohol level; confirmed positive drug or metabolite test results; evidentiary weight 1.”

State v. Shofner (1999) me “On appeal, Shofner challenges, inter alia, a jury instruction given by the court on the presumption of intoxication established by 29-A M.R.S.A. § 2432 (1996). Finding no error, we affirm the judgment.”

— Me. Rev. Stat. tit. 29-A, § 2432(4) — 1 case

State of Maine v. Kristina I. Lowe (2015) me “§ 2432(4) (2014), evidence of the presence of “the metabolites of any drug” in a defendant’s blood is “admissible evidence, but not prima facie, indicating whether that person is under the influence of intoxicants to be considered with other competent evidence, including…”

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