LD 1600
pg. 75
Page 74 of 361 PUBLIC Law Chapter 414 Page 76 of 361
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LR 2121
Item 1

 
(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.


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