| | (1) A fine of not less than $2,000 $2,100, except that | | if the person failed to submit to a test at the request | | of a law enforcement officer, a fine of not less than | $2,400 $2,500; |
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| | | (2) A period of incarceration of not less than 6 | | months, except that if the person failed to submit to a | | test at the request of a law enforcement officer, a | | period of incarceration of not less than 6 months and | | 20 days; |
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| | | (3) A court-ordered suspension of a driver's license | | for a period of 6 years; and |
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| | | (4) In accordance with section 2416, a court-ordered | | suspension of the person's right to register a motor | | vehicle; |
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| | | D-1. A violation of subsection 1-A, paragraph D is a Class | | C crime, which is a strict liability crime as defined in | | Title 17-A, section 34, subsection 4-A. The sentence must | | include a period of incarceration of not less than 6 months, | a fine of not less than $2,000 $2,100 and a court-ordered | | suspension of a driver's license for a period of 6 years. | | These penalties may not be suspended; |
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| | | E. If a law enforcement officer failed to provide the | | warnings required by section 2521, subsection 3, the | | increase in minimum penalties required because of a refusal | | to submit to a test is not mandatory; |
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| | | F. For a person sentenced under paragraph B, C or D, the | | court shall order the defendant to participate in the | | alcohol and other drug program of the Department of | | Behavioral and Developmental Services, Office of Substance | | Abuse. The court may waive the program pursuant to Title 5, | | section 20073-B, if the court finds that the defendant has | | completed an alcohol or other drug treatment program | | subsequent to the date of the offense; and |
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| | | G. The court shall order an additional period of license | | suspension of 275 days for a person sentenced under | | paragraph A, B, C, D or D-1 if the person was operating the | | motor vehicle at the time of the offense with a passenger | | under 21 years of age. |
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| | | Sec. TT-5. 29-A MRSA §2412-A, sub-§3, as amended by PL 1999, c. 196, | | §3, is further amended to read: |
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