(3)__If less than 21 years of age, while having any amount of alcohol in the blood.

D.__A person may not operate or attempt to operate an ATV:

(1)__While under the influence of intoxicating liquor or drugs or a combination of liquor and drugs;

(2)__If 21 years of age or older, while having 0.08% or more by weight of alcohol in that person's blood; or

(3)__If less than 21 years of age, while having any amount of alcohol in the blood.

Sec. B-75. 12 MRSA §10701, sub-§§2 and 3, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read:

2. Possession of hunting equipment while intoxicated. The possession of hunting equipment in the fields or forests or on the waters or ice in the State by a person while under the influence of intoxicating liquor or drugs is prima facie evidence that the possessor is in violation of subsection 1 1-A, paragraph A.

3. Penalties. A person who violates this section commits a Class D crime. In determining an appropriate sentence, refusal to submit to a chemical test must in every case be an aggravating factor. In the following cases the following minimum penalties apply.

A. In the case of a person having no previous convictions of a violation of subsection 1 1-A within the previous 6- year period, the fine may not be less than $400. If that person was adjudicated within the previous 6-year period for failure to comply with the duty to submit to and complete a blood-alcohol test under section 10702, subsection 1, the fine may not be less than $500. A conviction under this paragraph must include a period of incarceration of not less than 48 hours, none of which may be suspended, when the person:

(1) Was tested as having a blood-alcohol level of 0.15% or more;

(2) Failed or refused to stop upon request or signal of an officer in uniform, pursuant to section 6953 or