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the operation of the electronic or other self-contained | | breath-alcohol testing equipment bore a statement of the | | manufacturer or of the Department of Health and Human Services | | is prima facie evidence that the materials were of the | | composition and quality stated. |
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| | | Sec. 6. 29-A MRSA §2431, sub-§2, ¶K, as amended by PL 2001, c. 361, | | §32, is further amended to read: |
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| | | K. The prosecution is not required to produce expert | | testimony regarding the functioning of an electronic or | | other self-contained breath-alcohol testing apparatus before | | test results are admissible, if sufficient evidence is | | offered to satisfy paragraphs H and I. |
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| | | This bill amends the OUI laws in the following ways: |
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| | | 1. It creates the offense of operating while impaired: | | operating a motor vehicle with a blood-alcohol level of 0.04% to | | 0.0799%; |
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| | | 2. It creates the offense of operating while inebriated: | | operating a motor vehicle with a blood-alcohol level of 0.20% or | | higher; |
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| | | 3. It sets penalties for the offenses of operating while | | impaired and operating while inebriated and increases the fine | | and length of incarceration for OUI; and |
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| | | 4. It authorizes the use of electronic field sobriety tests | | and allows these tests to be admissible in court. |
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