| 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. The bill specifies that a person who has no |
previous OUI offenses and fails to submit to a test at the |
request of a law enforcement officer must be sentenced to at |
least 48 hours of incarceration, which is the same mandatory |
penalty that is imposed for a person convicted of a first OUI |
offense. This bill removes the enhanced penalties for a |
refusing to submit to testing since such refusal is now a |
separate offense. |