| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 29-A MRSA §2411, sub-§5, ¶¶C and D, as amended by PL 2003, c. | 673, Pt. TT, §4, are further amended to read: |
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| C. For a person having 2 previous OUI offenses within a 10- | year period: |
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| (1) A fine of not less than $1,100, except that if the | person failed to submit to a test at the request of a | law enforcement officer, a fine of not less than | $1,400; |
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| (2) A period of incarceration of not less than 30 days, | 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 40 days; |
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| (3) A court-ordered suspension of a driver's license for a | period of 4 years unless the person has 2 or more | previous OUI offenses within a 5-year period, in which | case a court may order revocation of a driver's | license; and |
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| (4) In accordance with section 2416, a court-ordered | suspension of the person's right to register a motor | vehicle; |
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| D. For a person having 3 or more previous OUI offenses | within a 10-year period, which is a Class C crime: |
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| (1) A fine of not less than $2,100, except that if the | person failed to submit to a test at the request of a | law enforcement officer, a fine of not less than | $2,500; |
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| (2) A period of incarceration 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 6 years unless the person has 2 or more | previous OUI offenses within a 5-year period, in which | case a court may order revocation of a driver's | license; and |
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| (4) In accordance with section 2416, a court-ordered | suspension of the person's right to register a motor | vehicle; |
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