LD 1114
pg. 2
Page 1 of 4 An Act To Strengthen the OUI Laws Page 3 of 4
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LR 944
Item 1

 
Sec. 2. 29-A MRSA §2411, sub-§5, ¶F, as amended by PL 2001, c. 511, §3
and PL 2003, c. 689, Pt. B, §6, is further amended to read:

 
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

 
Sec. 3. 29-A MRSA §2411, sub-§5, ¶G, as amended by PL 2003, c. 452, Pt.
Q, §82 and affected by Pt. X, §2, is further amended to read:

 
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.;

 
Sec. 4. 29-A MRSA §2411, sub-§5, ¶¶H and I are enacted to read;

 
H.__Notwithstanding the provisions of paragraph B,
subparagraph (2), for a person having one previous OUI
offense within a 5-year period, a period of incarceration of
not less than 20 days; and

 
I.__Notwithstanding the provisions of paragraph C,
subparagraph (2), for a person having 2 or more previous OUI
offenses within a 5-year period, a period of incarceration
of not less than 6 months.

 
Sec. 5. 29-A MRSA §2411, sub-§§9 to 12 are enacted to read:

 
9.__Failure to submit.__In addition to any other penalty under
this chapter, a failure to submit to a test of a law enforcement
officer is a Class E crime.

 
10.__Financial liability.__In addition to the surcharge under
subsection 7 and any other penalties under this section, a person
convicted under this section is financially liable for the cost
of emergency services that responded as a result of an accident
that occurred during the occurrence of the OUI offense.

 
11.__Additional fine.__In addition to the surcharge under
subsection 7 and any other penalties under this section, a fine


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