| | | (2) A period of incarceration, which may not be | | suspended, 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 or revocation of a driver's license | | pursuant to this subparagraph.__The court may | | permanently revoke the driver's license of a person | | sentenced under this paragraph, but if the court does | | not permanently revoke the driver's license, it must | | impose a minimum suspension, which may not be | | suspended, of the driver's license for a period of not | | less than 6 years; and |
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| | | (4) In accordance with section 2416, a court-ordered | | suspension, which may not be suspended, 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 $2,100 up to the maximum allowed | | under Title 17-A, section 1301, subsection 1-A, paragraph C | | and a court-ordered suspension, which may not be suspended, | | 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 Health | | and Human 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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