LD 324
pg. 3
Page 2 of 4 An Act to Create a Crime of Refusing an Alcohol Test in Operating-under-the-inf... Page 4 of 4
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LR 460
Item 1

 
F. For a person sentenced under paragraph B, C or D, the
court shall order the defendant to participate in the
alcohol and other drug program of the Department of
Behavioral and Developmental Services, Office of Substance
Abuse. The court may waive the program pursuant to Title
5, section 20073-B, if the court finds that the defendant
has completed an alcohol or other drug treatment program
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:


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