An Act To Reduce Drunk Driving
Sec. 1. 29-A MRSA §2401, sub-§5-A, as repealed by PL 1999, c. 470, §27, is reenacted to read:
Sec. 2. 29-A MRSA §2411, sub-§5, as amended by PL 2005, c. 606, Pt. A, §§2 to 4, is further amended to read:
(1) A fine of not less than $500, except that if the person failed to submit to a test, a fine of not less than $600;
(2) A court-ordered suspension of a driver's license for a period of 90 days; and
(3) A period of incarceration as follows:
(a) Not less than 48 hours when the person:
(i) Was tested as having a blood-alcohol level of 0.15% or more;
(ii) Was exceeding the speed limit by 30 miles per hour or more;
(iii) Eluded or attempted to elude an officer; or
(iv) Was operating with a passenger under 21 years of age; and
(b) Not less than 96 hours when the person failed to submit to a test at the request of a law enforcement officer;
(1) A fine of not less than $700, 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 $900;
(2) A period of incarceration of not less than 7 days, 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 12 days;
(3) A court-ordered suspension of a driver's license for a period of 18 months 3 years; and
(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;
(1) A fine of not less than $1,100, 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 $1,400;
(2) A period of incarceration of not less than 30 days, 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 40 days;
(3) A court-ordered suspension of a driver's license for a period of 4 years 6 years; and
(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;
(1) A fine of not less than $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 $2,500;
(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; and
(5) In accordance with section 2508, installation of an ignition interlock device in the motor vehicle the person operates for a period of 4 years after the period of suspension has run;
Sec. 3. 29-A MRSA §2412-A, sub-§7 is enacted to read:
Sec. 4. 29-A MRSA §2486, sub-§1, as amended by PL 2001, c. 463, §3 and affected by §7, is further amended to read:
Sec. 5. 29-A MRSA §2486, sub-§1-A is enacted to read:
Sec. 6. 29-A MRSA §2508 is enacted to read:
§ 2508. Ignition interlock device
Violation of this subsection is a Class E 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 7 days and a fine of not less than $500. These penalties may not be suspended.
(1) Rent, lease or lend a motor vehicle without an ignition interlock device to another person the person knows or should know is restricted to the operation of a motor vehicle with an ignition interlock device;
(2) Blow into or otherwise activate an ignition interlock device for the purpose of providing a person restricted to the operation of a motor vehicle with an ignition interlock device with an operable motor vehicle; or
(3) Tamper with or circumvent the operation of an ignition interlock device.
A person whose license is suspended pursuant to this subsection is not entitled to the issuance of any type of license until the suspension period has expired.
Sec. 7. 29-A MRSA §2551-A, sub-§1, ¶A, as enacted by PL 2005, c. 606, Pt. A, §7, is amended to read:
(1) Homicide resulting from the operation of a motor vehicle;
(2) OUI conviction;
(3) Driving to endanger, in violation of section 2413;
(4) Operating after suspension or revocation, in violation of section 2412-A;
(5) Operating without a license;
(6) Operating after revocation, in violation of former section 2557, section 2557-A or section 2558;
(7) Knowingly making a false affidavit or swearing or affirming falsely in a statement required by this Title or as to information required in the administration of this Title;
(8) A Class A, B, C or D offense in which a motor vehicle is used;
(9) Failure to report an accident involving injury or death, in violation of section 2252;
(10) Failure to report an accident involving property damage, in violation of section 2253, 2254 or 2255;
(11) Eluding an officer, in violation of section 2414;
(12) Passing a roadblock, in violation of section 2414, subsection 4; and
(13) Operating a motor vehicle at a speed that exceeds the maximum speed limit by 30 miles per hour or more; or and
(14) For a person whose license is reinstated pursuant to section 2412-A, subsection 7 or section 2508, operating a motor vehicle without an ignition interlock device; tampering with or circumventing the operation of an ignition interlock device; or requesting or soliciting another person to blow into or otherwise activate an ignition interlock device for the purpose of providing the person with an operable motor vehicle; or
Sec. 8. Application. This Act applies only to OUI offenses as defined in the Maine Revised Statutes, Title 29-A, section 2401, subsection 8 occurring after August 31, 2008.
Sec. 9. Appropriations and allocations. The following appropriations and allocations are made.
SECRETARY OF STATE, DEPARTMENT OF
Administration - Motor Vehicles 0077
Initiative: Allocates funds for an Office Associate II position and related costs to administer a program to reinstate, within the suspension period, licenses of persons with 2 or more OUI offenses who install ignition interlock devices on their motor vehicles.
HIGHWAY FUND | 2007-08 | 2008-09 | |
POSITIONS - LEGISLATIVE COUNT
|
0.000 | 1.000 | |
Personal Services
|
$0 | $51,844 | |
All Other
|
$0 | $7,119 | |
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HIGHWAY FUND TOTAL | $0 | $58,963 |
Sec. 10. Effective date. This Act takes effect September 1, 2008.