What does “Implied Consent” mean in Maine?

You were pulled over by police for suspected OUI. After doing some standardized field sobriety tests, you were put in handcuffs and taken down to the police station and sat down in the room with the Intoxilyzer 8000. When the machine is ready, the officer asks if you will agree to blow into the machine. You are not sure if you want to give a breath sample. The officer might also read to you a form about what will happen if you do not give a breath sample, mentioning something about the implied consent law. You ask yourself, What does “Implied Consent” mean in Maine?

The answer to the question (What does implied consent mean in Maine?) is that having a driver’s license in Maine means automatically, or “implies”, that you agree to provide a chemical sample (i.e. an alcohol breath sample or a blood sample*) at the request of law enforcement. In other words, if you have a license to drive, then you have already given consent to giving a chemical sample. If you decline or “refuse” to give a breath sample, then this is a violation of the implied consent law. As a result, penalties from the Court upon conviction are higher, and license suspensions from the BMV are longer.

Another way of thinking about implied consent is a duty to provide a chemical sample when asked to do so by law enforcement.

*The Maine Law Court recently decided that the implied consent law includes an alcohol breath test as well as a blood test. However, this interpretation of the law is not reflected in other States. Giving a breath sample is less invasive, but a needle in your arm is required to take a blood sample. The Fourth Amendment of the Constitution of the United States of America considers a blood test to be a search that requires getting a warrant first. Nevertheless, Maine considers both the breath test and a blood test to be supported by the implied consent law.

Simply put our legal team is razor focused on seeking a positive case outcome, one you engage our services. If you are facing issues pertaining to implied consent, you need the assistance of legal counsel. An experienced drunk driving defense attorney can advise you on options for your best defense strategy. Contact The Nielsen Group for your free legal consultation with an experienced criminal defense lawyer.

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