LD 1920
pg. 32
Page 31 of 231 PUBLIC Law Chapter 655 Page 33 of 231
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LR 2679
Item 1

 
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

 
(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 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.

 
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.

 
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 1-A is
Class C crimes. The minimum penalties


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