Me. Rev. Stat. » Title 29-A

Me. Rev. Stat. tit. 29-A, § 2453

Suspension on administrative determination; excessive alcohol level

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1.  Purpose.  The purpose of this section is:  
A. To provide maximum safety for all persons who travel on or otherwise use the public ways; and   [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
B. To remove quickly from public ways those persons who have shown themselves to be a safety hazard by operating a motor vehicle with an excessive alcohol level.   [PL 2009, c. 447, §49 (AMD).]
[PL 2009, c. 447, §49 (AMD).]
2.  Definition.  For the purposes of this section, "operating a motor vehicle with an excessive alcohol level" means operating a motor vehicle with 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, §49 (AMD).]
3.  Suspension.  The Secretary of State shall immediately suspend a license of a person determined to have operated a motor vehicle with an excessive alcohol level.  
[PL 2009, c. 447, §49 (AMD).]
4.  Drug and alcohol program.  The Secretary of State may not suspend a license solely because a person has not satisfactorily completed an alcohol and drug program, as defined in subchapter 1. This limitation does not affect statutory restoration authority.  
[PL 2009, c. 447, §49 (AMD).]
5.  Stay.  If, within 10 days from the effective date of the suspension, the Secretary of State receives a request in writing for a hearing in accordance with section 2483, the suspension is stayed until a hearing is held and a decision is issued.  
[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
6.  Period of suspension.  The following periods of suspension apply.  
A. The same suspension period applies as if the person were convicted of OUI.   [PL 2003, c. 434, §29 (AMD); PL 2003, c. 434, §37 (AFF).]
B. [PL 1997, c. 737, §13 (RP).]
C. If a person's license is also suspended for an OUI conviction arising out of the same occurrence, the period of time the license has been suspended under this section prior to the conviction must be deducted from the period of time of a court-imposed suspension.   [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
D. The period of suspension is a minimum and the Secretary of State may suspend the license for an additional period under section 2451, subsection 3.   [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
[PL 2003, c. 434, §29 (AMD); PL 2003, c. 434, §37 (AFF).]
7.  Restoration of license.  The Secretary of State may issue a license or permit as follows.  
A. Restoration of any license or permit to operate, right to operate a motor vehicle and right to apply for or obtain a license suspended under this section must be in accordance with sections 2502 to 2506.   [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
8.  Hearing.  The scope of the hearing must include whether:  
A. The person operated a motor vehicle with an excessive alcohol level; and   [PL 2009, c. 447, §49 (AMD).]
B. There was probable cause to believe that the person was operating a motor vehicle with an excessive alcohol level.   [PL 2009, c. 447, §49 (AMD).]
[PL 2009, c. 447, §49 (AMD).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §B5 (AFF). PL 1997, c. 737, §13 (AMD). PL 2003, c. 434, §29 (AMD). PL 2003, c. 434, §37 (AFF). PL 2009, c. 447, §49 (AMD).
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Notes of Decisions
Cited in 23 cases (4 in the last 5 years), 1996–2022 · leading case: State v. Hansen
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State v. Hansen (1996) neb · cites it 2× “1995); Me.Rev.Stat.Ann. tit. 29-A, § 2453 with § 2411 (West Supp.”
Turner v. Secretary of State (2011) me “See 29-A M.R.S. § 2453(2), (3) (2008). Here, Turner was operating a commercial vehicle, for which the Legislature chose the lower blood-alcohol threshold of 0.”
DiPietro v. Secretary of State (2002) me “Title 29-A M.R.S.A. § 2453(1)(A)-(B) (1996) states that the purpose of administrative suspensions for excessive blood-alcohol is “[t]o provide maximum safety for all persons who travel on or otherwise use the public ways; and .”
Beale v. Secretary of State (1997) me · cites it 2× “See 29-A M.R.S.A. § 2453(6) (1996). After his suspension was affirmed at an administrative hearing on November 8, 1995, Verrill sought *338 review by the Superior Court.”
Mauriello v. State of Maine (2017) mesuperct · cites it 3× “soc In this appeal from administrative agency action under Rule SOC, Maine Rules of Civil Procedure, Petitioner Eric Mauriello argues the Respondent State of Maine, Department of the Secretary of State, Bureau of Motor Vehicles, erred in suspending his driver's license for…”
Greenawald v. Secretary of State (2018) mesuperct · cites it 3× “This proceeding began as an administrative license suspension matter in accordance with 29-A M.R.S. §2453, when the Secretary of State became aware that the Petitioner had operated a motor vehicle with an excessive alcohol level in September 2016 in Acadia National Park.”
Bodwell v. Maine Bureau of Motor Vehicles (2021) mesuperct · cites it 2× “Thus, the suspension provisions of section 2451(3) apply, namely, 3 years if the person has 2 OUI offenses within a IO­ year period, but 6 years if there have been 3 QUI offenses within a 10-year period.”
Beaulieu v. Secretary of State (2016) mesuperct “The Notice of Hearing incorrectly identified the statutory issues as Section 2453-A, which is an OUJ-ctrug hearing rather than a Section 2453 OUI hearing.”
Mullins v. Secretary of State (2018) mesuperct “) Mullins places , See 29-A M.R.S. § 2453(8) (2017). · Operation is defined as "manipulat[ion] [of] the machinery [such] that the power of the motor is applied to the wheels to move the automobile forward or backward.”
Morgan v. Secretary of State (2019) mesuperct “5 at 3; see also 29-A M.R.S. § 2453(8) (issues at administrative hearing).”
Farwell v. Secretary of State (2019) mesuperct “) Pursuant to 29-A M.R.S. § 2453 (2018), the Secretary of State Bureau of Motor Vehicles administratively suspended Farwell's license.”
Mohamud v. Secretary of State (2021) mesuperct “§2411(1-A); 29-A M.R.S.A. § 2453(2)- "For the purposes of this section, 'operating a motor vehicle with an excessive alcohol level' means operating a motor vehicle with an alcohol level of 0.”
Show all 23 citing cases →
— Me. Rev. Stat. tit. 29-A, § 2453(1)(A) — 2 cases
DiPietro v. Secretary of State (2002) me “Title 29-A M.R.S.A. § 2453(1)(A)-(B) (1996) states that the purpose of administrative suspensions for excessive blood-alcohol is “[t]o provide maximum safety for all persons who travel on or otherwise use the public ways; and .”
Greenawald v. Secretary of State (2018) mesuperct “This proceeding began as an administrative license suspension matter in accordance with 29-A M.R.S. §2453, when the Secretary of State became aware that the Petitioner had operated a motor vehicle with an excessive alcohol level in September 2016 in Acadia National Park.”
— Me. Rev. Stat. tit. 29-A, § 2453(2) — 2 cases
Turner v. Secretary of State (2011) me “See 29-A M.R.S. § 2453(2), (3) (2008). Here, Turner was operating a commercial vehicle, for which the Legislature chose the lower blood-alcohol threshold of 0.”
Mohamud v. Secretary of State (2021) mesuperct “§2411(1-A); 29-A M.R.S.A. § 2453(2)- "For the purposes of this section, 'operating a motor vehicle with an excessive alcohol level' means operating a motor vehicle with an alcohol level of 0.”
— Me. Rev. Stat. tit. 29-A, § 2453(3) — 3 cases
Bodwell v. Maine Bureau of Motor Vehicles (2021) mesuperct “Thus, the suspension provisions of section 2451(3) apply, namely, 3 years if the person has 2 OUI offenses within a IO­ year period, but 6 years if there have been 3 QUI offenses within a 10-year period.”
Mosher v. State of Maine (2008) mesuperct
Knutson v. State of Maine, Secretary of State (2000) mesuperct
— Me. Rev. Stat. tit. 29-A, § 2453(5) — 1 case
Greenawald v. Secretary of State (2018) mesuperct “This proceeding began as an administrative license suspension matter in accordance with 29-A M.R.S. §2453, when the Secretary of State became aware that the Petitioner had operated a motor vehicle with an excessive alcohol level in September 2016 in Acadia National Park.”
— Me. Rev. Stat. tit. 29-A, § 2453(6) — 2 cases
Beale v. Secretary of State (1997) me “See 29-A M.R.S.A. § 2453(6) (1996). After his suspension was affirmed at an administrative hearing on November 8, 1995, Verrill sought *338 review by the Superior Court.”
Bodwell v. Maine Bureau of Motor Vehicles (2021) mesuperct “Thus, the suspension provisions of section 2451(3) apply, namely, 3 years if the person has 2 OUI offenses within a IO­ year period, but 6 years if there have been 3 QUI offenses within a 10-year period.”
— Me. Rev. Stat. tit. 29-A, § 2453(6)(A) — 1 case
Beale v. Secretary of State (1997) me “See 29-A M.R.S.A. § 2453(6) (1996). After his suspension was affirmed at an administrative hearing on November 8, 1995, Verrill sought *338 review by the Superior Court.”
— Me. Rev. Stat. tit. 29-A, § 2453(8) — 5 cases
Mullins v. Secretary of State (2018) mesuperct “) Mullins places , See 29-A M.R.S. § 2453(8) (2017). · Operation is defined as "manipulat[ion] [of] the machinery [such] that the power of the motor is applied to the wheels to move the automobile forward or backward.”
Morgan v. Secretary of State (2019) mesuperct “5 at 3; see also 29-A M.R.S. § 2453(8) (issues at administrative hearing).”
White v. Secretary of State (2021) mesuperct
Green v. Secretary of State (2008) mesuperct
Eastman v. State of Maine (2011) mesuperct
— Me. Rev. Stat. tit. 29-A, § 2453(8)(B) — 1 case
Toennis v. Sec'y of State (2004) mesuperct
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