D. In the case of a person having 2 or more previous convictions of violations of section 7406, subsection 3; section 7801, subsection 9; section 7827, subsection 9; and section 7857, subsection 10 or adjudications of failure to comply with the duty to submit to and complete a blood- alcohol or drug concentration test under section 7408, 7805, 7828 or 7860 within a 6-year period, the fine may not be less than $750 and $1,000; the sentence must include a period of incarceration of not less than 30 days, which; and the person's motor vehicle driver's license, issued pursuant to Title 29-A, chapter 11, must be suspended for a period of 4 years.__If the person failed to submit to a test at the request of a law enforcement officer, a fine not less than $1,300 must be imposed and the sentence must include a period of incarceration not less than 40 days, and the person's motor vehicle driver's license, issued pursuant to Title 29-A, chapter 11, must be suspended for a period of 4 years.__The penalties under this paragraph may not be suspended.

Sec. 2. 12 MRSA §7912, sub-§10, śC is enacted to read:

C.__A law enforcement officer shall impound, have towed, locate a sober driver or otherwise secure an ATV or watercraft or snowmobile operated in violation of this chapter so that the vehicle is not immediately available for use by the intoxicated person.

SUMMARY

This bill makes the penalties for operating watercraft, snowmobiles and ATV's while under the influence of intoxicants or with an excessive blood-alcohol level the same as the penalties for operating a motor vehicle while under the influence. This bill also requires a law enforcement official to secure the