| | | (4) In accordance with section 2416, a court-ordered | | suspension of the person's right to register a motor | | vehicle; |
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| | | D. For a person having 3 or more previous OUI offenses | | within a 10-year period, which is a Class C crime: |
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| | (1) A fine of not less than $2,000 $2,100, 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 $2,500; |
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| | | (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; |
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| | | (3) A court-ordered suspension of a driver's license | | for a period of 6 years; and |
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| | | (4) In accordance with section 2416, a court-ordered | | suspension of the person's right to register a motor | | vehicle; |
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| | | 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; |
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| | | 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 |
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| | | 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. |
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| | | Sec. TT-4. 29-A MRSA §2411, sub-§5, as amended by PL 2003, c. 452, Pt. | | Q, §§80 to 82 and affected by Pt. X, §2, is further amended to | | read: |
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