LD 893
pg. 4
Page 3 of 5 An Act To Change Mandatory Minimum Sentences in Certain Cases Page 5 of 5
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LR 1163
Item 1

 
(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;

 
(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
sentenced 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

 
(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;

 
D-1. A violation of subsection 1-A, paragraph D is a Class
C crime, which is a strict liability crime as defined in
Title 17-A, section 34, subsection 4-A. The sentence must
include a period of incarceration of not less than 6 months,
a fine of not less than $2,100 up to the maximum allowed
under Title 17-A, section 1301, subsection 1-A, paragraph C
and a court-ordered suspension, which may not be suspended,
of a driver's license for a period of 6 years. These
penalties may not be suspended;

 
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;

 
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 Health
and Human 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

 
G. The court shall order an additional period of license
suspension of 275 days for a person sentenced under
paragraph A, B, C, D or D-1 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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