2005 Maine Code - §2432 — Blood-alcohol level; evidentiary weight

      1. Level less than 0.05%. If a person has a blood-alcohol level of 0.05% or less, it is prima facie evidence that that person is not under the influence of alcohol.[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
      2. Level greater than 0.05% and less than 0.08%. If a person has a blood-alcohol level in excess of 0.05%, but less than 0.08%, 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.[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
      3. Level of 0.08% or greater. In proceedings other than under section 2411, a person is presumed to be under the influence of intoxicants if that person has a blood-alcohol level of 0.08% or more.[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

Section History:

PL 1993,  Ch. 683,   §A2 (NEW).
PL 1993,  Ch. 683,   §B5 (AFF).