Implied Consent and Chemical Testing Issues in OUI Investigations


Maine’s Implied Consent law and the relevant chemical testing procedures are an area of dynamic change in both statutory and case law around impaired driving investigations.

Recent changes to Maine statutory law, the HETL procedures, as well as important cases handed down from both the SCOTUS and the Maine Law Court affect chemical testing collection and their subsequent admissibility. This is especially relevant for OUI drug investigations and blood testing.

Sponsored by the Maine Bureau of Highway Safety, this class is designed for impaired driving investigating officers (especially DREs), prosecutors, and BMV Hearings Examiners (CLE Application pending for attorneys) Course discussion topics include:

Constitutional Rights and Chemical Testing; Implied Consent and Chemical Testing; How Implied Consent and Constitutional Rights Intersect; DRE Evaluations and Chemical Testing; Chemical Testing for drug OUI’s when a DRE is not available.

This class includes the following training scenarios to work through:

  • No DRE available, no probable cause of drug impairment.
  • No DRE available, strong probable cause of drug impairment.
  • Breath test and then refusal of urine test after a drug assessment.
  • Refusal of any chemical test.
  • Breath test and then a refusal of a drug assessment.
  • Breath test, drug assessment and then obtaining consent after refusal. 



Scot Mattox: Maine TSRP, Sgt. Portland PD (Ret.) DRE Instructor

Joshua Saucier: Maine TSRP, Former York County Impaired Driving Special Prosecutor


This class is sponsored by the Maine Bureau of Highway Safety


Testimonials from students:

“Absolutely one of the better classes I’ve attended. The class was a dry subject but it was made into a very interesting and engaging topic. I learned a lot that I can bring back to my department.”


“Great training with superior instructors. Possibly one of the best in service classes I have attended. The ability to keep the class engaged and work through questions and problems were amazing. Great job!”


“Passionate people helping to keep the hope alive that we still make a difference and save lives. One impaired driver at a time.”