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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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| | | 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 1-A is | Class C crimes. The minimum penalties |
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