| (2) A period of incarceration, which may not be | suspended, 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 or revocation of a driver's license | pursuant to this subparagraph.__The court may | permanently revoke the driver's license of a person | convicted under this paragraph, but if the court does | not permanently revoke the driver's license, it must | impose a minimum suspension, which may not be | suspended, of the driver's license for a period of | not less than 6 years; and |
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| (4) In accordance with section 2416, a court-ordered | suspension, which may not be suspended, of the | person's right to register a motor vehicle; |
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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, 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. 5. 29-A MRSA §2411, sub-§6, as amended by PL 2001, c. 332, §1, | is further amended to read: |
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| | 6. Aggravated punishment category. An operator commits a | Class C offense if the State pleads and proves that the | operator, while operating a motor vehicle in violation of this | section: |
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| A. In fact caused serious bodily injury as defined in | Title 17-A, section 2, subsection 23 to another person or | in fact caused the death of another person; or |
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