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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 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 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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| | | 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 1 is Class C crimes.__The minimum penalties | | specified in this subsection apply, unless a longer minimum | | period otherwise applies. |
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