Turner v. Secretary of State, 12 A.3d 1188

Turner, a commercial driver, was stopped May 23, 2009, by a State Police sergeant while driving a propane-hauling truck.
The sergeant smelled alcohol on Turner’s breath and Turner admitted consuming one beer about 90 minutes before the stop.
Turner was transported for an intoxilyzer test after being cited for commercial-vehicle regulations; the test showed BAC of 0.04%.
Turner’s license was suspended by the Secretary of State under 29-A M.R.S. §1253(5) (2008) without a preliminary hearing.
At a post-suspension hearing, the secretary’s officer found probable cause based on odor and Turner’s admission, and that Turner’s BAC would be at least 0.04% given the time since drinking.
The Superior Court vacated the decision, holding there was no sufficient evidence of probable cause beyond consumption; the Secretary appealed and the Maine Supreme Judicial Court vacated and affirmed the hearing officer’s decision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there was probable cause to require a blood-alcohol test under 29-A M.R.S. §2523.	Turner contends there was not enough to show impairment or probable cause beyond mere consumption.	Secretary argues odor of alcohol and admission suffice to establish probable cause for testing.	Probable cause existed to require the test.
Whether 0.04% BAC threshold for commercial drivers requires impairment evidence for probable cause.	Turner argues impairment evidence is necessary; evidence of consumption alone is insufficient.	Odor plus admission supports probable cause despite less obvious impairment signals.	Probable cause met under statutory standard.

State v. Bolduc, 1998 ME 255 (Me. 1998) (probable cause exists when impairment may be inferred from behavior and symptoms)
State v. Webster, 2000 ME 115 (Me. 2000) (impairment cues can establish probable cause in non-commercial contexts)
Payson v. Sec'y of State, 634 A.2d 1278 (Me. 1993) (approves broader probable-cause analysis in suspension cases)