Justia Federal District Court Opinions

Maine's "implied consent" law imposes a two-day mandatory minimum jail sentence on defendants who refuse to take a blood/alcohol test and are later convicted of operating a motor vehicle under the influence of intoxicating liquor. 29 M.R.S.A. Secs. 1312, 1312-B. Petitioner-Appellant Alan D. Roberts challenges the constitutionality of his conviction and sentence under this law because, prior to his decision not to take a blood/alcohol test, (1) a police officer informed Roberts of "the consequences" of refusing to take the test but did not mention the mandatory jail sentence, and (2) the police officer denied Roberts' request to call his attorney. We find that under the particular circumstances of this case, Roberts' constitutional right to due process was violated and his petition for writ of habeas corpus must be granted as to his two-day mandatory sentence.

On January 25, 1991, Officer Alan Main of the Waterville, Maine Police Department stopped Roberts after Officer Main observed Roberts driving erratically. Officer Main smelled alcohol on Roberts' breath and suspected Roberts was driving while intoxicated but initially arrested Roberts only for operating a vehicle with a suspended license in violation of 29 M.R.S.A. Sec. 2184. Officer Main handcuffed Roberts and then transported him to the Waterville Police Station for processing. Roberts remained in handcuffs throughout the relevant time period at issue in this case.

At the police station, Officer Main read Maine's "implied consent" form to Roberts, which is normally read to any driver stopped or arrested for operating under the influence of intoxicating liquor pursuant to 29 M.R.S.A. Sec. 1312. The form states:

By operating or attempting to operate a motor vehicle in this State you have a duty to submit to and complete chemical tests to determine your blood-alcohol level and drug concentration.

I will give you a breath test unless I decide it is unreasonable, in which case another chemical test will be given. If you are requested to take a blood test you may ask that your physician perform the test if your physician is reasonably available.

If you fail to comply with your duty to submit to and complete chemical tests your driver's license or permit or right to apply for or obtain a license will be suspended for at least 6 months and may be suspended as long as 3 years. Your failure to submit to a chemical test is admissible against you at any trial for operating while under the influence of intoxicating liquor or drugs.

I have been advised of the consequences of failure to comply with the duty to submit to and complete a chemical test at the request of an officer and DO NOT WISH TO SUBMIT TO A TEST.