LD 1919
pg. 200
Page 199 of 267 PUBLIC Law Chapter 673 Page 201 of 267
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LR 2833
Item 1

 
(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;

 
(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;

 
(3) A court-ordered suspension of a driver's license
for a period of 6 years; and

 
(4) In accordance with section 2416, a court-ordered
suspension of the person's right to register a motor
vehicle;

 
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;

 
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;

 
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

 
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.

 
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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