| | | Sec. 2. 29-A MRSA §2411, sub-§5, ¶F, as amended by PL 2001, c. 511, §3 | | and PL 2003, c. 689, Pt. B, §6, is further amended to read: |
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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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| | | Sec. 3. 29-A MRSA §2411, sub-§5, ¶G, as amended by PL 2003, c. 452, Pt. | | Q, §82 and affected by Pt. X, §2, is further amended to read: |
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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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| | | Sec. 4. 29-A MRSA §2411, sub-§5, ¶¶H and I are enacted to read; |
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| | | H.__Notwithstanding the provisions of paragraph B, | | subparagraph (2), for a person having one previous OUI | | offense within a 5-year period, a period of incarceration of | | not less than 20 days; and |
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| | | I.__Notwithstanding the provisions of paragraph C, | | subparagraph (2), for a person having 2 or more previous OUI | | offenses within a 5-year period, a period of incarceration | | of not less than 6 months. |
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| | | Sec. 5. 29-A MRSA §2411, sub-§§9 to 12 are enacted to read: |
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| | | 9.__Failure to submit.__In addition to any other penalty under | | this chapter, a failure to submit to a test of a law enforcement | | officer is a Class E crime. |
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| | | 10.__Financial liability.__In addition to the surcharge under | | subsection 7 and any other penalties under this section, a person | | convicted under this section is financially liable for the cost | | of emergency services that responded as a result of an accident | | that occurred during the occurrence of the OUI offense. |
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| | | 11.__Additional fine.__In addition to the surcharge under | | subsection 7 and any other penalties under this section, a fine |
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