H.P. 209 - L.D. 287
An Act to Impose Stricter OUI Penalties on Operators of Watercraft, ATVs and Snowmobiles
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §7901, sub-§13, ¶A, as amended by PL 1995, c. 679, §12, is repealed.
Sec. 2. 12 MRSA §7901, sub-§13, ¶¶B, C, D and F, as amended by PL 1995, c. 679, §12, are further amended to read:
B. In the case of a person having no previous convictions of a violation of section 7406, subsection 3; section 7801, subsection 9; section 7827, subsection 9; or section 7857, subsection 10 and having no previous adjudications of within the previous 6-year period, the fine may not be less than $400. If that person was adjudicated within the previous 6-year period for failure to comply with the duty to submit to and complete a blood-alcohol test under section 7408, 7805, 7828 or 7860 within a 6-year period, the fine may not be less than $300 and the sentence, the fine may not be less than $500. A conviction under this paragraph must include a period of incarceration of not less than 48 hours, which penalties may not be suspended, when the person:
(1) Was tested as having a blood-alcohol level of 0.15% or more;
(2) Failed or refused to stop upon request or signal of an officer in uniform, as defined in section 6953 or 7060, during the operation that resulted in prosecution for operating under the influence or with a blood-alcohol level of 0.08% or more; or
(3) Failed to submit to a chemical test to determine that person's blood-alcohol level or drug concentration, at the request of a law enforcement officer on the occasion that resulted in the conviction.
C. In the case of a person having one previous conviction of a violation of section 7406, subsection 3; section 7801, subsection 9; section 7827, subsection 9; or section 7857, subsection 10 or one previous adjudication of within the previous 6-year period, the fine may not be less than $600. If that person was adjudicated within the previous 6-year period for failure to comply with the duty to submit to and complete a blood-alcohol or drug concentration test under section 7408, 7805, 7828 or 7860 within a 6-year period, the fine may not be less than $500 and the sentence, the fine may not be less than $800. A conviction under this paragraph must include a period of incarceration of not less than 7 days, which penalties may not be suspended.
D. In the case of a person having 2 or more previous convictions of violations of section 7406, subsection 3; section 7801, subsection 9; section 7827, subsection 9; and section 7857, subsection 10 or adjudications of within the previous 6-year period, the fine may not be less than $1,000. If that person was adjudicated within the previous 6-year period for failure to comply with the duty to submit to and complete a blood-alcohol or drug concentration test under section 7408, 7805, 7828 or 7860 within a 6-year period, the fine may not be less than $750 and the sentence, the fine may not be less than $1,300. A conviction under this paragraph must include a period of incarceration of not less than 30 days, which penalties may not be suspended.
F. The penalties provided under paragraphs B, C, and D and, beginning July 1, 1990, paragraph A, may not be suspended by the court.
Effective September 18, 1999, unless otherwise indicated.
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