| | | D. In addition to the penalties provided under paragraphs A | | to C, the court may order the defendant to participate in | | the alcohol and other drug education, evaluation and | | treatment programs for multiple offenders administered by | | the Department of Behavioral and Developmental Services, | | Office of Substance Abuse, as established in Title 5, | | chapter 521. |
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| | | E. The penalties provided under paragraphs B, C and D may | | not be suspended by the court. |
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| | | F. If the State pleads and proves that, while hunting or | | operating a snowmobile, all-terrain vehicle or watercraft in | | violation of this section, the defendant in fact caused | | serious bodily injury as defined in Title 17-A, section 2, | | subsection 23, to another person or in fact caused the death | | of another person, the sentencing class for the offenses in | subsection 1crimes | | specified in this subsection apply, unless a longer minimum | | period otherwise applies. |
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| | Any alternatives defined in subsection 1 | | the alternative. The State may, but is not required to, elect an | | alternative prior to submission to the fact finder. |
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| | | For purposes of this subsection, a prior conviction has occurred | | within the 6-year period if the date of docket entry by the clerk | | of a judgment of conviction or adjudication is 6 years or less | | from the date of the new conduct that is penalized or for which | | the penalty is or may be enhanced. |
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| | | In determining the appropriate sentence, the court shall consider | | the defendant's record of convictions for hunting under the | | influence or operating a snowmobile, all-terrain vehicle or | | watercraft while under the influence of intoxicating liquor or | | drugs and for failure to comply with the duty to submit. The | | court may rely upon oral representations based on records | | maintained by the courts, by the Department of Public Safety, | | State Bureau of Identification; by the Secretary of State, | | including telecommunications of records maintained by the | | Secretary of State; or by the department. If the defendant | | disputes the accuracy of any representation concerning a | | conviction or adjudication, the court shall grant a continuance | | for the purposes of determining the accuracy of the record. |
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| | | References in this Title to this subsection are deemed to refer | | to the juvenile crime stated in Title 15, section 3103, | | subsection 1, paragraph E and to the disposition, including a | | suspension, for that juvenile crime as provided in Title 15, |
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