Whereas, persons driving while under the influence pose a great risk to the health and welfare of citizens of this State; and

Whereas, immediate action is needed to reduce this risk; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 29-A MRSA §2422, sub-§4 is enacted to read:

4.__Mandatory impoundment.__A motor vehicle must be seized if it is used by a person arrested for a violation of section 2411 and the person:

A.__Is under 21 years of age;

B.__Has at least one previous OUI offense within a 10-year period;

C.__Was tested as having a blood-alcohol level of 0.15% or more;

D.__Was exceeding the speed limit by 30 miles an hour or more;

E.__Eluded or attempted to elude an officer;

F.__Was operating with a passenger under 21 years of age; or

G.__Failed to submit to a blood-alcohol test at the request of a law enforcement officer.

The motor vehicle must be impounded at the time of the arrest of the person and may not be released for a period of at least 48 hours after the time of impoundment.__The owner of the motor vehicle shall pay all of the expenses incident to the impoundment and storage of the vehicle and a $100 impoundment fee to the law enforcement agency whose officer ordered the motor vehicle impounded to pay the expenses of the law enforcement agency in conducting the impoundment.__An owner of an impounded motor