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ROBERTS v. STATE OF ME.

No. 93-2392.

48 F.3d 1287 (1995)

Alan D. ROBERTS, Plaintiff-Appellant, v. STATE OF MAINE, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided February 16, 1995.

Attorney(s) appearing for the Case

Robert E. Sandy, Jr., with whom Sherman, Sandy & Lee, Waterville, ME, was on brief, for appellant.

Donald W. Macomber, Asst. Atty. Gen., with whom Michael E. Carpenter, Atty. Gen., Charles K. Leadbetter and Wayne S. Moss, Asst. Attys. Gen., Augusta, ME, were on brief, for appellee.

Before TORRUELLA, CYR and STAHL, Circuit Judges.

TORRUELLA, Chief Judge.

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. §§ 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...

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