Dedicated to removing the impaired driver from Maine's roads
This section is for ALL officers who are interested in removing impaired drivers from our roadways. We're always looking for ways to improve, so if you have a suggestion or comment, please e-mail the webmaster.
The Academy appreciates all the professionals who contributed to the original development of the Intoxilyzer program in Maine. Their work created a sound foundation from which we continue to strengthen the program.
It is with the support of the Maine Bureau of Highway Safety (MeBHS) and Director Lauren Stewart that the program continues to excel. With the assistance of MeBHS, Maine's Intoxilyzer breath-testing sites have transitioned from the Intoxilyzer 5000-EN to the Intoxilyzer 8000. The MeBHS funding of training initiatives, supplies, program and equipment upgrades, along with the staff at the Department of Health and Environmental Testing Laboratory (HETL), is sincerely appreciated and necessary for the continued success of the program.
Thanks to Robert Morgner, retired, and Maria Pease current chemist and Breath Testing Program Administrator at the Maine Health and Environmental Testing Laboratory. Their background and experience with the breath testing program has been crucial to the program. This continued professional oversight ensures that our high standards will be maintained into the future.
Special thanks are due to the following instructors for their hard work and oversight in the Breath Testing program and for their work on the program upgrades. As senior instructors, they have worked diligently to improve program standards and ensure that the Breath Testing Device (Intoxilyzer training at the academy meets those standards. The continued support of their agencies has made it possible for them to provide oversight for the program:Sergeant Don Finnegan, retired, Rockland Police Department. Detective Robert Libby, retired, South Portland Police Department, Sergeant Douglas Maifeld, retired, Rumford Police Department, Scot Mattox, Esq. Traffic Safety Resource Prosecutor, MeBHS
I would also like to thank the certified Breath Testing Device (BTD) instructors and site coordinators for their work in keeping our program standards consistent. Without the diverse network of these officers, it would not be possible to maintain our certification standards statewide.
As a group, we are all working to provide the best possible training and experience for the BTD operator. The continued success of this program as well as impaired driving programs overall, ultimately rests with the ability of the BTD operator and the investigating officer.
James A. Lyman
MCJA Training Supervisor, Impaired Driving Programs
Operating Under the Influence (OUI)
In Maine, if you are driving a motor vehicle with a blood alcohol content of .08% or more, you are guilty of a criminal offense known as Operating Under the Influence (OUI). Following your arrest, based solely on the police report and blood alcohol content (BAC) test results, the Secretary of State will immediately suspend your license. This suspension takes place prior to any court appearance, so while you're waiting for your day in court, you won't be driving.
The Zero Tolerance Law
If you are under 21 years of age, Maine has a special law for you. If you are found operating, or attempting to operate, a motor vehicle with any measurable amount of alcohol in your body, you will lose your license for one year. If you refuse a test, you will lose your license for at least 18 months. If you have a passenger under 21 years of age, an additional 180 day suspension will be imposed.
Drivers under 21 with a BAC of .08% or more can be prosecuted for the criminal offense of OUI, but the license suspension must be for one year.
Blood Alcohol Content (BAC)
BAC is a precise way of stating the amount of alcohol in a quantity of blood. BAC can be measured with a breath test or a blood test. If you have a BAC of .08% or more, you can be found guilty by a court on this basis alone, without further evidence.
It is important for Maine drivers to remember that a driver's license is not a right guaranteed under our Constitution. It is a privilege that is administratively issued and can be withdrawn by the State. Under Implied Consent, you automatically agree to a chemical test (blood, breath, or urine) at any time authorities have probable cause to administer it. If you refuse to take such a test for alcohol or drugs, your driver's license will be immediately suspended. The suspension could be for a period of up to six years. Because it is an administrative suspension, no court action is necessary. In addition, testimony from the arresting officer regarding your driving performance can result in an OUI conviction even without the BAC test!
If you are found guilty of OUI based on the police officer's testimony, your refusal to take a test will be considered as an aggravating factor by the judge and another suspension, as well as mandatory jail time, will be tacked on. So by refusing, you will have a much harsher penalty than if you'd taken the test.
Remember a test can protect you. If you are not legally intoxicated, the test will show it.
Reinstated licenses include the condition of not driving after drinking. After the first conviction, the license is conditional for one year. After any subsequent conviction, it is conditional for ten years.
A conditional license can be suspended for one year, without a preliminary hearing, for operating with any amount of alcohol in the blood. A conditional license can be suspended for a period of two years for any refusal to submit to a blood-alcohol test, a penalty which will be added to any suspension previously handed down for an OUI conviction.
Vehicle Seizure or Forfeiture
A person operating under the influence while under suspension for a previous OUI, is subject to vehicle seizure and forfeiture, as well as a fine and jail time.
There are many other consequences to consider as a result of drinking and driving. Here are just a few:All OUI convictions result in a criminal record, not an asset when applying for a job or college entry. Overall cost associated with an OUI conviction can reach $7000. Drinking and driving takes thousands of innocent lives each year. Could you live with yourself? At present, drunk driving causes more deaths and injuries than any other violent crime: no one, including friends and family, is immune.
The best advice to follow is that if you drink, plan ahead, and designate a non-drinking driver.
Factors which can affect the relationship between alcohol consumed and BAC level include:Weight: A larger person requires more alcohol to reach a particular BAC level than a smaller person. Gender: Women generally reach higher BACs than men of the same weight with the same amount of alcohol. Amount of food in stomach: Food slows the absorption of alcohol into the blood. Time spent drinking: Alcohol is eliminated at the rate of about one drink (1 ounce of alcohol) per hour. Time since last drink: Because time is needed to metabolize a drink, a person's BAC can continue to rise after he or she has stopped drinking
Minimum Court Imposed Penalties for OUI
Offense Suspension Jail Time Fine
1st no aggravating factors 90 days 0 $400 1st w/aggravating factors* 90 days 48 hours $400 1st (refusal)** 90 days 96 hours $500 2nd*** 18 months 7 days $600 2nd (refusal) 18 months 12 days $800 3rd 4 years 30 days $1,000 3rd (refusal) 4 years 40 days $1,300 4th or more 6 years 6 months $2,000 4th (refusal) 6 years 6 months & 20 days $2,400
*Aggravating factors include a BAC of .15 percent or more, or traveling 30 m.p.h. or more over the speed limit, or attempting to elude an officer of the law, or having a passenger under 21 years of age. The law requires an additional 275 day suspension be imposed by the court or the Secretary of State if transporting a passenger under 21.
**Refusal to be tested results in a loss of license for at least 275 days which is consecutive to any suspension imposed for an OUI conviction.
***A second conviction within ten years prohibits the offender from obtaining a work-restricted license or from registering a vehicle.
Drivers Involved in Fatal Crashes
Every driver involved in a fatal motor vehicle crash, or a crash where a death is likely to occur, must submit to a blood alcohol test. Failure to do so will result in a three year license suspension
If the Secretary of State is satisfied a driver, while under the influence of alcohol or drugs, negligently operated a motor vehicle in such a manner as to cause the death of any person, the Secretary shall immediately suspend the operator's license for at least three years. This suspension will be in addition to any suspension imposed for refusal to submit to a chemical test.
Moreover, a conviction for vehicular homicide can result in a prison term of up to 30 years and a permanent loss of your driver's license if alcohol is involved.
Knowing your Limit
Misconceptions about alcohol and how it affects safe driving are widespread. Knowing the truth can mean the difference between life and death. When alcohol enters your system, your ability to control a car, and yourself, immediately starts to deteriorate. Good judgement, concentration and your ability to react quickly all start to disappear with the first drink.
Factors Influencing BAC
Factors which can affect the relationship between alcohol consumed and BAC level include:
- Weight: A larger person requires more alcohol to reach a particular BAC level than a smaller person.
- Gender: Women generally reach higher BACs than men of the same weight with the same amount of alcohol.
- Amount of food in stomach: Food slows the absorption of alcohol into the blood.
- Time spent drinking: Alcohol is eliminated at the rate of about one drink (1 ounce of alcohol) per hour.
- Time since last drink: Because time is needed to metabolize a drink, a person's BAC can continue to rise after he or she has stopped drinking
The best advice to follow is that if you drink, plan ahead, and designate a non-drinking driver.
Breath Testing Device Manual (PDF) - Updated July 1, 2016
Breath Testing Device Instructors
as of 08/1/2022
Listed By County
York Franklin, Kennebec, Somerset Allen Chantel Saco PD Allen Seth MSP-Traffic Caldwell Gregory Kittery PD Allen Tanya Waterville PD Cummings Thomas Ogunquit PD Bachelder Michael Skowhegan PD Cunniff John Saco PD Booth Garret MSP-C Cutler Kyle Biddeford PD Brann Matthew Farmington PD Cyr Darren York SO Campbell Bernie MSP-C Gagne Matthew Sanford PD Chretien Joseph MSP-D Jepson William Wells PD Fleming Haley MSP-C Keim Anthony MSP-A Frost Alec Franklin SO McNeice Brian York PD Gove Normand Gardiner PD Raymond Andrew Sanford PD Hutchings Christopher Augusta PD Richardson Carlton MWS - Sanford Jackson Joseph Somerset SO Schoff Kevin Kennebunk PD Knowles Trevor Fairfield PD Tucci Michael Kennebunk PD Lyman James MCJA Wagner Jason Buxton PD Maloon Tyler MSP-C McDonald Kyle Waterville PD Cumberland Ross David MWS China Tibbetts Peter Oakland PD Bellanceau Lucas MWS - Fryeburg Veilleux John Winslow PD Benjamin Rory Cape Elizabeth PD Wilder Blake Waterville PD Bernier Joshua Brunswick PD Cook James Windham PD Sagadahoc, Lincoln, Knox, Waldo Haskell Evan Westbrook PD Hatch Theodore Gorham PD Aeschilmann Jefrey Rockland PD Hendee Scott Cumberland PD Beal Joshua MWS Camden Horning Rachel BMV Portland Bellevue Douglas Richmond PD Knight Craig Portland PD Bryan Eric Bath PD Libby Robert JMS Portland Butler Wesley Camden PD Lucas Derek Yarmouth PD Finnegan Edwin MCJA Marshall Malcolm Freeport PD Fitzpatrick Dan Belfast PD Mattox Scot Falmouth PD Graham Mark Damariscotta PD McManus Michael Freeport PD Greeley James Searsport PD Mizzoni Michael Falmouth PD Kane Brendan Linclon SO Nault Michael Gorham PD Moore James Rockport PD Paradis Nathan Cumberland SO Polky Patrick Knox SO Plourde Francis Scarborough PD Porter James Waldo SO Ramsay Jessica S. Portland PD Ross Rick Bath PD Roma John Brunswick PD Sharpe Matthew Sagadahoc SO Shinay Christopher Portland PD Tilton Nathanael Knox SO Sellitto Angelo Old Orchard Beach PD Smith Hunter Cumberland SO Penobscot, Piscataquis Therriault Zachary Portland PD Thurlow Kaitlyn Gorham PD Boyd Phil Holden PD Thurlow Michael Scarborough PD Canwell Alyshia Old Town PD Williams Raymond Windham PD Carter Justin Bangor PD Yeaton Matthew Falmouth PD Dauphniee Troy MWS - Greenville Everett Joseph Brewer PD Androscoggin, Oxford Eyles Benson Hampden PD Goodspeed Ray Penobscot SO Adcock Michael Livermore Falls PD Gray Christopher Orono PD Avery Katherine Auburn PD Henderson David SFO Bangor Blais Timothy Lewiston PD Kurth Kari MSP-E Bohicik Devon Androscoggin SO Parady Michael Brewer PD Briggs Lawrence Rumford PD Rackliff Jeremy Piscataquis SO Coffin Alan Paris PD Shuman William MWS - Newport Clukey Brock MWS Rumford Stuart Jason Bangor PD Fecteau Travys Lewiston PD Young Troy Veazie PD Field Chandler Lisbon PD Gagnon Ryan Lewiston PD Aroostook Levesque Andrew Lisbon PD Lounder Cody MWS - Lewiston Cochran Chad Caribou PD Maifeld Douglas Rumford PD Fitzpatrick Ryan MWS - Ashland Martin Tyler Lewiston PD Hayes Christopher Presque Isle PD McCormick Donald Oxford SO Merchant Laney MSP-F McGee Ryan Lisbon PD Pelletier Erica Aroostook SO Schmieks Barry Auburn PD Saucier Timmy MSP-F Schmitz Aaron Lewiston PD Smith Joshua MWS - Rumford Washington, Hancock Austin Dana MSP J Cake Judson Bar Harbor PD Dominy Brian Acadia Ntl Park Dow Sean DMR - Ellsworth Dupuis Dakota Hancock SO Knight Ryan Bucksport PD Mote Kelvin Ellsworth PD Parker Brendon Washington SO Rudolph Eric MWS Ellsworth Simmons David MWS - Ellsworth Simpson Christopher Washington SO Staples Joshua Waldo SO Thornton Christopher Hancock SO
Last Name First Name Agency Last Name First Name Agency Adcock Michael Livermore Falls PD Jepson William Wells PD Aeschlimann Jeffrey Rockland PD Kane Brendan Linclon SO Allen Chantel Saco PD Keim Anthony MSP-A Allen Seth MSP Traffic Khight Craig Portland PD Allen Tanya Waterville PD Knight Ryan Bucksport PD Austin Dana MSP-J Knowles Trevor Fairfield PD Avery Katherine Auburn PD Kurth Kari MSP-E Bachelder Michael Skowhegan PD Levesque Andrew Lisbon PD Beal Joshua MWS-Camden Libby Robert Me JMS Portland Bellanceau Lucas MWS-Fryeburg Lounder Cody MWS-Lewiston Bellevue Douglas Richmond PD Lucas Derek Yarmouth PD Benjamin Rory Cape Elizabeth Lyman James MCJA Bernier Jushua Brunswick PD Maifeld Douglas Rumford PD Blais Timothy Lewiston PD Maloon Tyler MSP-C Bohacik Devon Androscoggin SO Marshall Malcolm Freeport PD Booth Garret MSP-C Martin Tyler Lewiston PD Boyd Phil Holden PD Mattox Scott Falmouth PD Brann Matthew Farmington PD McCormick Donald Oxford SO Briggs Lawrence Rumford PD McDonald Kyle Waterville PD Bryan Eric Bath PD McGee Ryan Lisbon PD Butler Wesley Camden PD McManus Michael Freeport PD Cake Judson Bar Harbor PD McNeice Brian York PD Caldwell Gregory Kittery PD Merchant Laney MSP F Campbell Bernard MSP-K Mizzoni Michael Falmouth PD Canwell Alyshia Old Town PD Moore James Rockport PD Carter Justin Bangor PD Mote Kelvin Ellsworth PD Chretien Joseph MSP-D Nault Michael Gorham PD Clukey Brock MWS Rumford Paradis Nathan Cumberland SO Cochran Chad Caribou PD Parady Michael Brewer PD Coffin Alan Paris PD Parker Brandon Washington SO Cook James Windham PD Pelletier Erica Aroostook SO Cummings Thomas Ogunquit PD Plourde Francis Scarborough PD Cunniff John Saco PD Polky Patrick Knox SO Cutler Kyle Biddeford PD Porter James Waldo SO Cyr Darren York SO Rackliff Jeremy Piscataquis SO Dauphinee Troy MWS - Greenville Ramsay Jessica S. Portland PD Dominy Brian Acadia Ntl Park Raymond Andrew Sanford PD Dow Sean DMR- Ellsworth Richardson Carlton MWS Sanford Dupuis Dakota Hancock SO Roma John Brunswick PD Everett Joseph Brewer PD Ross David MWS China Eyles Benson Hampden PD Ross Rick Bath PD Fecteau Travys Lewiston PD Rudolph Eric MWS Ellsworth Field Chandler Lisbon PD Saucier Timmy MSP-F Finnegan E. Don MCJA Schmieks Barry Auburn PD Fitzpatrick Dan Belfast PD Schmitz Aaron Lewiston PD Fitzpatrick Ryan MWS - Ashland Schoff Kevin Kennebunk PD Fleming Haley MSP-C Sellitto Angelo Old Orchard Beach PD Frost Alec Franklin SO Sharpe Matthew Sagadahoc SO Gagne Matthew Sanford PD Shinay Christopher Portland PD Gagnon Ryan Lewiston PD Shuman William MWS- Newport Goodspeed Ray Penobscot SO Simmons David MWS - Ellsworth Gove Normand Gardiner PD Simpson Christopher Washington SO Graham Mark Damiriscotta PD Smith Hunter Cumberland SO Gray Christopher Orono PD Smith Joshua MWS-Rumford Greeley James Searsport PD Staples Joshua Waldo SO Haskell Evan Westbrook PD Stuart Jason Bangor PD Hatch Theodore Gorham PD Therriault Zachary Portland PD Hayes Christopher Presque Isle PD Thornton Christopher Hancock SO Hendee Scott Cumberland PD Thurlow Kaitlyn Gorham PD Henderson David SFO Bangor Thurlow Michael Scarborough PD Horning Rachel BMV Portland Tibbetts Peter Oakland PD Hutchings Christopher Augusta PD Tilton Nathanael Knox SO Jackson Joseph Somerset SO Young Chad Veazie PD Tucci Michael Kennebunk PD Veilleux John Winslow PD Wagner Jason Buxton PD Wilder Blake Waterville PD Williams Raymond Windham PD Yeaton Matthew Falmouth PD
Training and Certification
With 100 certified Breath Testing Device instructors throughout the State of Maine, a large percentage of Maine Criminal Justice Academy (MCJA) Breath Testing Device training takes place off site. MCJA does offer several in-service classes each year for Breath Testing Device Certification and Breath Testing Device instructor training which will be posted in this section.
Breath Testing Device Certification Training
Breath Testing Device Operation and Certification training is intended for any law enforcement or corrections officer that will be using breath testing instruments for evidential purposes. The class is a combination of an interactive lecture and practical exercises to become familiar with the breath testing instrument. Officers that successfully complete the training and exam will receive their operator certification immediately. MCJA classes are typically small and run in conjunction with the full-time law enforcement training academy.
If your agency has a need for certification training and would like to sponsor a class in your region, we can work with you to schedule a class.
Breath Testing Device Re-Certification Training
Breath Testing Device Re-certification training is intended for any law enforcement or corrections officer whose certification is due to expire. Re-certification classes typically run 2-4 hours depending the number of students and are held regionally and some on-line options are available with an instructor led practical. Students are allowed to attend the training within 6 months of the expiration of their current certificate. Certificates are valid for up to three years.
If your agency has a need for re-certification training and would like to sponsor a class in your region, we can work with you to schedule a class.
Breath Testing Device Instructor Training
MCJA offers Breath Testing Device Instructor training every other year. We alternate years with the SFST Instructor Development program. Students in this class have to have completed MCJA Methods of Instruction (MOI), be a certified Breath Testing Device operator and have a sincere desire to teach, the 40 hour class involves classroom and live teaching segments.
Intox Training Schedule
None at this time.