|
(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 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 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. |
|
| 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. |
|
| E.__The penalties provided under paragraphs B, C and D may | not be suspended by the court. |
|
| 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 1 is Class C crimes.__The minimum penalties | specified in this subsection apply, unless a longer minimum | period otherwise applies. |
|
|