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.

Overview

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

Implied Consent

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.

Implied Consent

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.

Conditional Licenses

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.

Other Consequences

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.

Intoxilyzer Manual

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

Listed Alphabetically

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.