An Act To Amend the Operating-under-the-influence Laws
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, current law regarding penalties for operating under the influence of alcohol or other intoxicants is not consistent and may result in different suspension periods and reinstatement fees for persons convicted of operating under the influence; and
Whereas, Public Law 2013, chapter 389 enacted an additional fee for persons installing ignition interlock devices; and
Whereas, the law could be interpreted to impose an additional fee for the reinstatement of a license suspended for operating under the influence on a person who installs an ignition interlock device; and
Whereas, it is necessary to clarify the law promptly to ensure all citizens are treated equally; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 29-A MRSA §2451, sub-§3, as amended by PL 2009, c. 54, §§1 to 3 and affected by c. 415, Pt. C, §§2 and 3, is further amended to read:
For the purposes of this subsection, a conviction or suspension has occurred within a 10-year period if the date of the new conduct is within 10 years of a date of suspension or a docket entry of judgment of conviction.
Sec. 2. 29-A MRSA §2486, sub-§1-A, as amended by PL 2013, c. 389, §2, is further amended to read:
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
SUMMARY
This bill amends the laws regarding operating under the influence, or OUI, in the following ways:
1. It increases the minimum administrative license suspension imposed by the Secretary of State to 150 days for a person convicted of OUI once in a 10-year period. This length of suspension mirrors the length of suspension imposed by the court for the same crime;
2. It increases the minimum administrative license suspension imposed by the Secretary of State to 8 years for a person convicted of 4 or more OUI offenses within a 10-year period. This length of suspension mirrors the length of suspension imposed by the court for a person convicted of OUI when that person has been convicted of OUI 3 or more times within a 10-year period at the time of sentencing; and
3. It clarifies that the license of a person convicted of OUI who installs an ignition interlock device may be reinstated by paying a reinstatement fee of $50 and an administrative fee of $50.