LD 1920
pg. 31
Page 30 of 234 An Act To Revise the Fish and Wildlife Laws To Complement the Recodification of... Page 32 of 234
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LR 2679
Item 1

 
factor. In the following cases the following minimum penalties
apply.

 
A. In the case of a person having no previous convictions
of a violation of subsection 1 1-A within the previous 6-
year period, the fine may not be less than $400. If that
person was adjudicated within the previous 6-year period for
failure to comply with the duty to submit to and complete a
blood-alcohol test under section 10702, subsection 1, the
fine may not be less than $500. A conviction under this
paragraph must include a period of incarceration of not less
than 48 hours, none of which may be suspended, when the
person:

 
(1) Was tested as having a blood-alcohol level of
0.15% or more;

 
(2) Failed or refused to stop upon request or signal
of an officer in uniform, pursuant to section 6953 or
10651, during the operation that resulted in
prosecution for operating under the influence or with a
blood-alcohol level of 0.08% or more; or

 
(3) Failed to submit to a chemical test to determine
that person's blood-alcohol level or drug
concentration, requested by a law enforcement officer
on the occasion that resulted in the conviction.

 
B. In the case of a person having one previous conviction
of a violation of subsection 1 1-A within the previous 6-
year period, the fine may not be less than $600. If that
person was adjudicated within the previous 6-year period for
failure to comply with the duty to submit to and complete a
blood-alcohol or drug concentration test under section
10702, subsection 1, the fine may not be less than $800. A
conviction under this paragraph must include a period of
incarceration of not less than 7 days, none of which may be
suspended.

 
C. In the case of a person having 2 or more previous
convictions of violations of subsection 1 1-A within the
previous 6-year period, the fine may not be less than
$1,000. If that person was adjudicated within the previous
6-year period for failure to comply with the duty to submit
to and complete a blood-alcohol or drug concentration test
under section 10702, subsection 1, the fine may not be less
than $1,300. A conviction under this paragraph must include
a period of incarceration of not less than 30 days, none of
which may be suspended.


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