An Act to Amend the Felony-operating-under-the-influence Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 29-A MRSA §2411, sub-§6, as amended by PL 1995, c. 368, Pt. AAA, §10, is repealed and the following enacted in its place:
6. Aggravated punishment category. An operator commits a Class C offense if the State pleads and proves that the operator, while operating a motor vehicle in violation of this section:
A. In fact caused serious bodily injury as defined in Title 17-A, section 2, subsection 23 to another person or in fact caused the death of another person; or
B. Has either a prior conviction for a Class C crime under this section or a prior criminal homicide conviction involving or resulting from the operation of a motor vehicle while under the influence of intoxicating liquor or drugs or with a blood-alcohol content of 0.08% or greater.
The sentence must include a period of incarceration of not less than 6 months, a fine of not less than $2,000 and a court-ordered suspension of a driver's license for a period of 6 years. These penalties may not be suspended.
Effective August 11, 2000, unless otherwise indicated.
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