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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 | Behavioral and Developmental 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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| G. The court shall order an additional period of license | suspension of 275 days for a person sentenced under | paragraph A, B, C or D 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. 2. 29-A MRSA §2521, sub-§1, as enacted by PL 1993, c. 683, Pt. | A, §2 and affected by Pt. B, §5, is amended to read: |
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| | 1. Mandatory submission to test. If there is probable | cause to believe a person has operated a motor vehicle while | under the influence of intoxicants, that person shall submit | to and complete a test to determine blood-alcohol level and | drug concentration by analysis of blood, breath or urine. | Failure to submit to and complete the test is a Class D crime. |
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| | Sec. 3. 29-A MRSA §2521, sub-§3, as amended by PL 1997, c. 357, §1, | is further amended to read: |
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| | 3. Warnings. Neither a refusal to submit to a test nor a | failure to complete a test may be used for any of the purposes | specified in paragraph A, A-1, B or C unless the person has | first been told that the refusal or failure will: |
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| A. Result in suspension of that person's driver's license | for a period up to 6 years; |
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| A-1.__Be considered a crime and subject the person to a | mandatory minimum period of incarceration if convicted; |
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| B. Be admissible in evidence at a trial for operating | under the influence of intoxicants; and |
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| C. Be considered an aggravating factor at sentencing if | the person is convicted of operating under the influence | of intoxicants that, in addition to other penalties, will | subject the person to a mandatory minimum period of | incarceration. |
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| | Sec. 4. 29-A MRSA §2521, sub-§10 is enacted to read: |
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