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Thread: "Under the Influence" Clearly Defined

  1. #1
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    "Under the Influence" Clearly Defined

    Sec. 3. 17-A MRSA 1057, sub-5, as amended by PL 2009, c. 447, 20, is further amended to read:

    5. For purposes of this section, "under the influence of intoxicating liquor or drugs or a combination of liquor and drugs or with an excessive alcohol level" has the same meaning as "under the influence of intoxicants" as defined in Title 29 A, section 2401, subsection 13. "Excessive alcohol level" means an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath. Standards, tests and procedures applicable in determining whether a person is under the influence] or has an excessive alcohol level within the meaning of this section are those applicable pursuant to Title 29 A, sections 2411 and 2431 except that the suspension of a permit to carry concealed firearmshandguns issued pursuant to Title 25, chapter 252, or of the authority of a private investigator licensed to carry a concealed firearmhandgun pursuant to Title 32, chapter 89, is as provided in those chapters.
    Paul J. Mattson
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  2. #2
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    Im no lawyer so its probably going right over my head but i still have trouble with this one.

    It says "under the influence" and "with excess blood alcohol" have the same meaning as "under the influence of intoxicants" but it then goes on to list the definition of "excessive blood alcohol" not "under the influence of intoxicants".

    Title 29 A, sections 2411 and 2431 seem to be missing because i have never been able to locate them whatsoever.

    Maybe the confusion stems from them having what seems like 4 or 5 ways of saying the exact same thing.

  3. #3
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    You're still not getting it MaineCWPTraining, you're bolded section still only defines EXCESSIVE ALCOHOL LEVEL. It doesn't define UNDER THE INFLUENCE. It even directs you to the correct statute to define Under the influence. Title 29 A, section 2401, subsection 13.

    Now if you look at that section, you will see this:

    13. Under the influence of intoxicants. "Under the influence of intoxicants" means being under the influence of alcohol, a drug other than alcohol, a combination of drugs or a combination of alcohol and drugs.

    So under the influence does not mean excessive alcohol level as you're trying to imply. Under the influence means being influence by alcohol or any other drug or any combination of alcohol or other drugs.

    You can't escape the truth. READ THE STATUTE. It's not rocket science and it's very clear. If a DA wants to argue that one drop of alcohol can influence you, then you are legally UNDER THE INFLUENCE.
    Last edited by boyscout399; 06-27-2011 at 10:43 PM.

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    Quote Originally Posted by Hronisiver View Post
    Im no lawyer so its probably going right over my head but i still have trouble with this one.

    It says "under the influence" and "with excess blood alcohol" have the same meaning as "under the influence of intoxicants" but it then goes on to list the definition of "excessive blood alcohol" not "under the influence of intoxicants".

    Title 29 A, sections 2411 and 2431 seem to be missing because i have never been able to locate them whatsoever.

    Maybe the confusion stems from them having what seems like 4 or 5 ways of saying the exact same thing.
    Title 29A Sec 2411
    Title 29A Sec 2431

    These sections just go into how they test your blood, breath, or urine to determine your level of toxicity. They don't define what level constitutes intoxicated or under the influence.

  5. #5
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    "under the influence of intoxicating liquor or drugs or a combination of liquor and drugs or with an excessive alcohol level" has the same meaning as "under the influence of intoxicants" as defined in Title 29-A, section 2401, subsection 13. "Excessive alcohol level" means an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath.
    Paul J. Mattson
    NRA Certified Instructor / RSO
    #63731855
    Maine CWP Training
    101 Main St.
    Harrison, ME 04040

    www.mainecwptraining.com

    (207) 583-4723
    CELL 232-7063

  6. #6
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    Quote Originally Posted by Maine CWP Training View Post
    "under the influence of intoxicating liquor or drugs or a combination of liquor and drugs or with an excessive alcohol level" has the same meaning as "under the influence of intoxicants" as defined in Title 29-A, section 2401, subsection 13. "Excessive alcohol level" means an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath.
    so you would agree that excessive is above a .08 and under the influence is the same meaning set forth in title 29A Sec 2401 right?

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