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Implied Consent Law in Maine

The State of Maine instituted implied consent law in regards to individuals operating a vehicle on public roads. Specifically, implied consent laws require individuals to submit to a chemical testing by law enforcement officers. An officer possessing probable cause that an individual operated a motor vehicle under the influence must submit to a chemical test to determine his or her alcohol and/or drug level. The State of Maine allows officers to use a breath, blood, or a urine test. However, Maine will allow an individual to go his or her own physician for a blood test. Yet, the law enforcement official may refuse due to the delay and will not violate the individual’s rights.

Implied consent laws allow officers to punish individual’s refusing to submit to chemical testing. Specifically, an officer possessing probable cause that an individual was operating a vehicle under the influence may request an individual to submit to chemical testing. However, individuals can still refuse chemical testing with implied consent laws. Yet, refusal results in harsher penalties. Therefore, implied consent laws allow officers or law enforcement officials to punish individuals for refusing chemical testing.

Additionally, implied consent eliminates the necessity of officers to obtain consent to punish an individual. Prior, to implied consent laws individuals were not punished for refusal rather officers were required to present evidence without chemical testing results to prove an individual operated a vehicle under the influence. Implied consent laws eliminate officers providing evidence an individual operated a vehicle under the influence due to punishments for refusal.

However, implied consent laws are challenged by individuals based on the use of blood tests for accidents or injuries. The State of Maine allows officers to test an individual’s blood without the ability to refuse if the driver causes an accident. Individuals challenge the use of blood tests without a warrant. Yet, implied consent laws allow officers to test blood of individual’s causing an accident. The courts state that the existence of probable cause that an individual was operating a vehicle under the influence when he or she caused an accident the officer may test the individual’s blood.

Therefore, the State of Maine obtains consent for chemical testing through the use of public roads. Specifically, implied consent allows officers to arrest and punish any individual refusing chemical testing. Further, individuals causing an accident, injury, or death are required to submit to blood testing if the officer possesses probable cause that the individual operated a vehicle under the influence.


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