(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;

C. For a person having 2 previous OUI offenses within a 10- year period:

(1) A fine of not less than $1,000, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $1,300;

(2) A period of incarceration of not less than 30 days, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 40 days;

(3) A court-ordered suspension of a driver's license for a period of 4 years; and

(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;

D. For a person having 3 or more previous OUI offenses within a 10-year period, which is a Class C crime:

(1) A fine of not less than $2,000, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $2,400;

(2) A period of incarceration of not less than 6 months, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 6 months and 20 days;

(3) A court-ordered suspension of a driver's license for a period of 6 years; and

(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;

E. If a law enforcement officer failed to provide the warnings required by section 2521, subsection 3, the increase in minimum penalties required because of a refusal to submit to a test is not mandatory;

F. For a person sentenced under paragraph B, C or D, the court shall order the defendant to participate in the alcohol and drug program for multiple offenders. The court may waive the multiple offender intervention program under Title 5, section 20073, subsections 4 and 5, if the court finds that the defendant has completed a residential alcohol or drug treatment program, or its equivalent, subsequent to the date of the offense; and

G. The court shall order an additional period of license suspension of 275 days for a person sentenced under paragraph A, B, C or D if the person was operating the motor vehicle at the time of the offense with a passenger under 21 years of age.

Sec. 2. 29-A MRSA §2521, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

1. Mandatory submission to test. If there is probable cause to believe a person has operated a motor vehicle while under the influence of intoxicants, that person shall submit to and complete a test to determine blood-alcohol level and drug concentration by analysis of blood, breath or urine. Failure to submit to and complete the test is a Class D crime.

Sec. 3. 29-A MRSA §2521, sub-§3, as amended by PL 1997, c. 357, §1, is further amended to read:

3. Warnings. Neither a refusal to submit to a test nor a failure to complete a test may be used for any of the purposes specified in paragraph A, A-1, B or C unless the person has first been told that the refusal or failure will:

A. Result in suspension of that person's driver's license for a period up to 6 years;

A-1.__Be considered a crime and subject the person to a mandatory minimum period of incarceration if convicted;

B. Be admissible in evidence at a trial for operating under the influence of intoxicants; and

C. Be considered an aggravating factor at sentencing if the person is convicted of operating under the influence of intoxicants that, in addition to other penalties, will subject the person to a mandatory minimum period of incarceration.

Sec. 4. 29-A MRSA §2521, sub-§10 is enacted to read:

10.__Effect of conviction.__A person who is convicted of failure to submit to a test pursuant to subsection 1 is deemed to have been convicted of OUI pursuant to section 2411 and is subject to the same penalties to which a person convicted of criminal OUI pursuant to section 2411 is subject.

SUMMARY

This bill subjects a person who fails to submit to mandatory testing to determine whether the person is under the influence of intoxicants to the same penalties as if the person were convicted of operating under the influence. This bill makes a conviction for failure to submit to mandatory testing equivalent to a conviction for operating under the influence of intoxicants. This bill removes the enhanced penalties for refusing to submit to testing since such refusal is now a separate offense.