LD 893
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Page 1 of 5 An Act To Change Mandatory Minimum Sentences in Certain Cases Page 3 of 5
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LR 1163
Item 1

 
D.__The age, background and physical and mental condition of
the defendant, the defendant's family circumstances and
whether the criminal act was a singular aberration in the
life of the defendant.

 
Sec. 4. 29-A MRSA §2411, sub-§5, as amended by PL 2003, c. 673, Pt.
TT, §4 and c. 689, Pt. B, §6, is further amended to read:

 
5. Penalties. Except as otherwise provided, violation of
this section is a Class D crime, which is a strict liability
crime as defined in Title 17-A, section 34, subsection 4-A. The
following minimum penalties apply and may not be suspended:

 
A. For a person having no previous OUI offenses within a
10-year period:

 
(1) A fine of not less than $500, except that if the
person failed to submit to a test, a fine of not less
than $600 up to the maximum allowed under Title 17-A,
section 1301, subsection 1-A, paragraph D;

 
(2) A court-ordered suspension of a driver's license
for a period of 90 days, which may not be suspended;
and

 
(3) A period of incarceration, which may not be
suspended, as follows:

 
(a) Not less than 48 hours when the person:

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

 
(ii) Was exceeding the speed limit by 30
miles per hour or more;

 
(iii) Eluded or attempted to elude an
officer; or

 
(iv) Was operating with a passenger under 21
years of age; and

 
(b) Not less than 96 hours when the person failed
to submit to a test at the request of a law
enforcement officer;

 
B. For a person having one previous OUI offense within a
10-year period:

 
(1) A fine of not less than $700, except that if the person
failed to submit to a test at the request of a


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