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factor. In the following cases the following minimum penalties | | apply. |
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| | | 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: |
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| | | (1) Was tested as having a blood-alcohol level of | | 0.15% or more; |
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| | | (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 |
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| | | (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. |
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| | | 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. |
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| | | 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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