An Act to Create a Crime of Refusing an Alcohol Test in Operating-under-the-influence Cases
Maine Legislature, Session 121, LD 0324
Committee: Criminal Justice and Public Safety
Sponsors: CARR, FLETCHER, GREELEY, RICHARDSON, DAVIS
Amends: 29-A MRSA §2411, 29-A MRSA §2521

Legislative Document 
No. 324 
H.P.267 
House of Representatives, January 28, 2003 
An Act to Create a Crime of Refusing an Alcohol Test in Operating-
under-the-influence Cases 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative CARR of Lincoln. 
Cosponsored by SenatorHA TCH of Somerset and 
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117.1lbc~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: FLETCHER of Winslow, GREELEY of Levant, RICHARDSON of 
Greenville, Senator: DAVIS of Piscataquis. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRSA §2411, sub-§5, as amended by PL 2001, 
c. 
511, §3, is further amended to read: 
5. 
Penalties. 
The following minimum penalties apply and 
may not be suspended: 
A. 
For a person having no previous QUI offenses within a 
la-year period: 
(1) 
A fine of not less than $400, except that if the 
person failed to submit to a test, a fine of not less 
than $500; 
(2) 
A court-ordered suspension of a driver I s license 
for a period of 90 days; and 
(3) 
A period of incarceration 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 
miles per hour or more; 
(iii) 
Eluded 
or 
attempted 
to 
elude 
an 
officer; eli' 
(iv) 
Was operating with a passenger under 21 
years of age; ana or 
(v) 
Failed to 
submit 
to 
a 
test at 
the 
request of a law enforcement officer; 
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B. 
For a person having one previous QUI offense within a 
la-year period: 
(1) 
A fine of not less than 
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(2) 
A period of incarceration of not less than 7 daysr 
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(3) 
A court-ordered suspension of a driver's license 
for a period of 18 months; and 
(4) 
In accordance with section 2416, 
suspension of the person's right to 
vehicle; 
a court-ordered 
register a motor 
C. 
For a person having 2 previous QUI offenses wi thin a 
10-year period: 
(1) 
A fine of not less than $l,OOOT-eHeep~-~aa~-i~-~ae 
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(2) 
A period of incarceration of not less than 30 
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(3) 
A court-ordered suspension of a driver's license 
for a period of 4 years; and 
(4) 
In accordance with section 2416, a court-ordered 
suspension of the person's right to register a motor 
vehicle; 
D. 
For a person having 
or more previous OUI 
offenses 
within a 10-year period, which is a Class C crime: 
(1) 
A fine of not less than $2,000T-eHeep~-~aa~-iE-~ae 
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(2) 
A 
period of incarceration of not less than 
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(3) 
A court-ordered suspension of a driver's license 
for a period of 6 years: and 
(4) 
In accordance with section 2416, a court-ordered 
suspension of the person's right to register a motor 
vehicle; 
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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 
Behavioral and Developmental 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 
days 
for 
a 
person 
sentenced 
under 
paragraph A, B, C or D if the person was operating the motor 
vehicle at the time of the offense with a passenger under 21 
years of age. 
Sec. 2. 29-A MRSA §2521, sub-§I, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
1. 
Mandatory submission to test. 
If there is probable 
cause to believe a person has operated a motor vehicle while 
under the influence of intoxicants, that person shall submit to 
and complete a test to determine blood-alcohol level and drug 
concentration by analysis of blood, breath or urine. 
Failure to 
submit to and complete the test is a Class D crime. 
Sec. 3. 29-A MRSA §2521. sub-§3, as amended by PL 
1997, c. 
357, §l, is further amended to read: 
3. 
Warninqs. 
Neither a refusal to submit to a test nor a 
failure to complete a test may be used for any of the purposes 
specified in paragraph A, A-I, B or C unless the person has first 
been told that the refusal or failure will: 
A. 
Result in suspension of that person's driver's license 
for a period up to 6 years; 
A-I. 
Be considered a crime and subject the person to a 
mandatory minimum period of incarceration if convicted; 
B. 
Be admissible in evidence at a trial for operating under 
the influence of intoxicants; and 
C. 
Be considered an aggravating factor at sentencing if the 
person is convicted of operating under the influence of 
intoxicants 
that, 
in addition to 
other penalties, 
will 
subject 
the 
person 
to 
a 
mandatory 
minimum 
period 
of 
incarceration. 
Sec. 4. 29-A MRSA §2521, sub-§10 is enacted to read: 
10. 
Effect of conviction. 
A person who is convicted of 
failure to submit to a test pursuant to subsection 1 is deemed to 
have been convicted of OUI 
pursuant to section 2411 
and is 
subject to the same penal ties to which a person convicted of 
criminal OUI pursuant to section 2411 is subject. 
SUMMARY 
This bill subjects a person who fails to submit to mandatory 
testing to determine whether the person is under the influence of 
intoxicants to the same penalties as if the person were convicted 
of operating under the influence. 
This bill makes a conviction 
for 
failure 
to 
submit 
to 
mandatory testing equivalent to 
a 
conviction for operating under the influence of intoxicants. 
The 
bill specifies that a person who has no previous OUI offenses and 
fails to submit to a test at the request of a law enforcement 
officer must be sentenced to at least 48 hours of incarceration, 
which is the same mandatory penalty that is imposed for a person 
convicted of a first OUI offense. 
This bill removes the enhanced 
penalties for a refusing to submit to testing since such refusal 
is now a separate offense.