LD 324
pg. 2
Page 1 of 4 An Act to Create a Crime of Refusing an Alcohol Test in Operating-under-the-inf... Page 3 of 4
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LR 460
Item 1

 
(3) A court-ordered suspension of a driver's license for a
period of 18 months; and

 
(4) In accordance with section 2416, a court-ordered
suspension of the person's right to register a motor
vehicle;

 
C. For a person having 2 previous OUI offenses within a
10-year period:

 
(1) A fine of not less than $1,000, 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
$1,300;

 
(2) A period of incarceration of not less than 30 days,
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 40 days;

 
(3) A court-ordered suspension of a driver's license for
a period of 4 years; and

 
(4) In accordance with section 2416, a court-ordered
suspension of the person's right to register a motor
vehicle;

 
D. For a person having 3 or more previous OUI offenses
within a 10-year period, which is a Class C crime:

 
(1) A fine of not less than $2,000, 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
$2,400;

 
(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;

 
(3) A court-ordered suspension of a driver's license
for a period of 6 years; and

 
(4) In accordance with section 2416, a court-ordered
suspension of the person's right to register a motor
vehicle;

 
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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