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

 
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. 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.


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