NCJ Number
107601
Date Published
Unknown
Length
11 pages
Annotation
This booklet instructs Maine police officers in drunk-driving and habitual-offender legislation effective as of September 18, 1981, as it bears on stops and arrests, blood alcohol tests, prosecutorial screening, and the handling of persons driving drunk under a license suspension.
Abstract
The new law allows an officer to make a warrantless arrest on probable cause even though the offense was not committed in the officer's presence and the defendant may not have been involved in an accident. The limitation is that the arrest must occur reasonably soon after the offense so as to permit the obtaining of probative evidence of blood-alcohol level. An officer may conduct a blood-alcohol test without an arrest, however. Notification of a person's refusal to take the test should be sent to the secretary of state within 72 hours to facilitate prompt revocation of the person's license. The prosecutor determines whether the arrestee will be charged with a criminal or civil drunk-driving violation, based on the facts of the case. New provisions are delineated.