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Admission of Evidence of DUI (OUI) in Maine

Evidence admitted for a operating under the influence case will be admitted if the evidence was obtained through proper procedure. Specifically, the State of Maine will allow field sobriety test results, chemical test results, and evidence discovered through probable cause. The State of Maine will not allow any evidence obtained illegality. Additionally, any evidence obtained without following the law or procedure for collecting chemical test results will be inadmissible. Further, courts allow blood test results to be admitted into evidence without a warrant to conduct the blood test. The State of Maine allows most evidence collected may be introduced into evidence as long as an officer possessed probable cause to collect the evidence.

The State of Maine allows officers to perform field sobriety tests to individuals considered to be operating a vehicle under the influence. Specifically, officers may administer field sobriety tests to examine an individual’s horizontal gaze, balance, and cognitive skills. The results obtained by the officers through field sobriety test will be admitted into evidence. However, procedures and guidelines must be followed to submit the results into evidence.

Additionally, the results obtained through chemical testing will be admitted into evidence for an operating a vehicle under the influence. Any chemical test results obtained will be admitted into evidence if the individual collecting the evidence followed proper guidelines and procedures. The inability to follow procedure and guidelines will eliminate chemical test results. Any blood extracted for a blood test to identify an individual operating a vehicle under the influence may occur without a warrant. However, officers not following procedures may contaminate the results and eliminate the results to be admitted into evidence.

The State of Maine allows officers as well as other officials to submit prior operating a vehicle under the influence offenses into evidence. Specifically, individuals convicted of prior operating a vehicle under the influence will receive stricter penalties and allow the prior offenses to be admitted into evidence. However, prior offense convictions can only be submitted if an individual’s record was not sealed nor admitted incorrectly into evidence.

Therefore, the State of Maine allows field sobriety test results or chemical test results into evidence. However, any test results obtained incorrectly will not be admitted into evidence. Additionally, prior operating under the influence offenses may be submitted into evidence to increase an individual’s penalty or sentence. However, officer’s improperly collecting evidence will not be submitted as evidence.


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