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test at the request of a law enforcement officer, a | | period of incarceration of not less than 40 days; |
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| | | (3) A court-ordered suspension of a driver's license for a | | period of 4 years; and |
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| | | (4) In accordance with section 2416, a court-ordered | | suspension of the person's right to register a motor | | vehicle; |
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| | | D. For a person having 3 or more previous OUI offenses | | within a 10-year period, which is a Class C crime: |
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| | | (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; |
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| | | (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; |
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| | | (3) A court-ordered suspension of a driver's license | | for a period of 6 years; and |
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| | | (4) In accordance with section 2416, a court-ordered | | suspension of the person's right to register a motor | | vehicle; |
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| | | D-1. A violation of subsection 1-A, paragraph D is a Class | | C 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 6 months, | | a fine of not less than $2,100 and a court-ordered | | suspension of a driver's license for a period of 6 years. | | These penalties may not be suspended; |
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| | | E. If a law enforcement officer failed to provide the | | warnings required by section 2521, subsection 3, the | | increase in minimum penalties required because of a refusal | | to submit to a test is not mandatory; |
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| | F. For a person sentenced under paragraph B, C or, D or I, 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 |
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