| | | Be it enacted by the People of the State of Maine as follows: |
|
| | | Sec. 1. 12 MRSA §7901, sub-§13, ¶¶A, B, C and D, as amended by PL 1995, c. | | 679, §12, are further amended to read: |
|
| | | A. Except as provided in paragraph B, in the case of a | | person having no previous convictions of a violation of | | section 7406, subsection 3; section 7801, subsection 9; | | section 7827, subsection 9; or section 7857, subsection 10 | | and having no previous adjudications of failure to comply | | with the duty to submit to and complete a blood-alcohol test | | under section 7408, 7805, 7828 or 7860 within a 6-year | period, the fine may not be less than $300 | | person's motor vehicle driver's license, issued pursuant to | | Title 29-A, chapter 11, must be suspended for a period of 90 | | days. Beginning July 1, 1990, the penalties provided in | | this paragraph may not be suspended. |
|
| | | B. In the case of a person having no previous convictions | | of a violation of section 7406, subsection 3; section 7801, | | subsection 9; section 7827, subsection 9; or section 7857, | | subsection 10 and having no previous adjudications of | | failure to comply with the duty to submit to and complete a | | blood-alcohol test under section 7805, 7828 or 7860 within a | 6-year period, the fine may not be less than $300 and | | the sentence must include a period of incarceration of not | less than 48 hours, which | | driver's license, issued pursuant to Title 29-A, chapter 11, | | must be suspended for a period of 90 days.__These penalties | may not be suspended, |
|
| | | (1) Was tested as having a blood-alcohol level of | | 0.15% or more; |
|
| | | (2) Failed or refused to stop upon request or signal | | of an officer in uniform, as defined in section 6953 or | | 7060, during the operation that resulted in prosecution | | for operating under the influence or with a blood- | | alcohol level of 0.08% or more; or |
|
| | | (3) Failed to submit to a chemical test to determine | | that person's blood-alcohol level or drug | | concentration, at the request of a law enforcement | | officer on the occasion that resulted in the | | conviction. |
|
| | | C. In the case of a person having one previous conviction of a | | violation of section 7406, subsection 3; section 7801, subsection | | 9; section 7827, subsection 9; or section 7857, subsection 10 or | | one previous adjudication of failure to comply with the duty to | | submit to and complete a |
|
|
