An Act to Create a Crime of Refusing an Alcohol Test in Operating-under-the-influence Cases LR 0460(02)
Maine Legislature, Session 121, LD 0324
Committee Amendment CA_A_H314 (House)
Amends: 29-A MRSA §2401, 29-A MRSA §2411, 29-A MRSA §2419, 29-A MRSA §2521

COMMITTEE AMENDMENT "/f,, to H.P. 267, L.D. 324, 
to 
Create 
a 
Crime 
of 
Refusing 
an 
Alcohol 
Operating-under-the-influence Cases" 
Bill, 
Test 
"An 
in 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 29-A MRSA §2401, sub-§9, 'A-l is enacted to read: 
A-I. 
A violation of section 2419: 
Sec. 2. 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 OUI offenses within a 
10-year period: 
(1) 
A fine of not less than $400T-eK£€~-~~-~~-~Re 
peFseB-~~~~~~-&~&mi~-~e-~~~r-a-~4~€-~--&&~-less 
~RaB-$5gg; 
(2) 
A court-ordered suspension of a driver'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: 
Page l-LR0460(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,~, to H.P. 267, L.D. 324 
(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; aBa 
tBt--Ne~-~e6~-~~~~~~-&h&-peFseB-failea 
te--s~~&-~~-~-~e~~--at--&h&-~~-~--~--law 
eBfeFeemeBt-effieeFf 
B. 
For a person having one previous OUI offense within a 
10-year period: 
(1) 
A fine of not less than $600T-~-€ep-t-~-ha-t:--~~-tBe 
peFseB-~~4~e4-~~-sa&m~&-~e-~~~-a&-~he-~~-~~-a 
law-eBfeFeemeBt-effieeFT-a-fiBe-ef-Bet-less-tBaB-$8QQ; 
(2) 
A period of incarceration of not less than 7 daysT 
eHeept-~Ba~-4~-~~~~~~~~~~~~&-~-a-&est-at 
tBe-~~~-~~-a-~~~~r~-e~~ieeFT-~~-~-e~ 
iBeaFeeFatieB-e~-Bet-less-tBaB-.a-aays; 
(3) 
A court-ordered suspension of a driver's license 
for a period of 18 months; and 
(4) 
In accordance with section 2416, a court-ordered 
suspension of the person's right to register a motor 
vehicle; 
C. 
For a person having 2 previous OUI offenses within a 
lO-year period: 
(1) 
A fine of not less than $l,OOOT-eHeept-tBas-i~-sBe 
peFseB-~a4~e4-~~-sa&m~&-~e-~~~-a&-~he-~~~~-a 
.aw-eBfeFeemeBs-e~~ieeFT-a-fiBe-e'-Be~-less-sBaB-$.TaQQ; 
(2) 
A period of incarceration of not less than 30 
daysT-~-€~-~-ha-t:--i~-~he-~~-~a~~-~e-~~--~-a 
sess-~-~he--~&-~--a-~~-eB~eFeemeB&-~~~~~--a 
peFiea-e~-iBeaFeeFasieB-e~-Bet-*ess-tBaB-4Q-aays; 
(3) 
A court-ordered suspension of a driver's license 
for a period of 4 years; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~, to H.P. 267, L.D. 324 
(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 3 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-eHeeFt-taat-iE-~ae 
Fe~seB-~~J~~-~~-&a9mi~-~e-~~~-a~-~he-~~-~~-a 
law-eBEe~eemeBt-eEEiee~T-a-EiBe-eE-Be~-less-~aaB-$6T4QQ; 
(2) 
A period of incarceration of not less than 
monthsT-eHeeFt-~h~~-J~-~~~~~~~~~~-&a9mi~-t9-a 
~es~-~-~he-~~-e~-~-~~-e&~~eem&&~-~~~~~--a 
Fe~iee-~--~~~~-ei-~--~-~aaB-~~-aBe 
6Q-eays; 
(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; 
ET---~~-~-~~-eBieEeemeBt--9~~1ge~--~~~-~~-p£e¥JQe--~ae 
wa~BiB~s--~~~~~-~--see~19B--~9~~7--~~~--~r--~ae 
iBe~ease-J£-~~-~&a~~i&&-~e~~i~eQ-~~~£e-~-~-~eE~sal 
~e-s~Bmi~-te-a-~es~-is-Be~-maBeate~Yf 
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.3. 29-A MRSA §2419 is enacted to read: 
§2419. 
Failure to submit to chemical test 
1. 
Failure to submit to chemical test. 
A person commits 
the Class D crime of failure to submit to a chemical test if: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" fr· to H.P. 267, L.D. 324 
A. 
A law enforcement officer has probable cause to believe 
that person has operated a motor vehicle while under the 
influence of intoxicants; 
B. 
The law enforcement officer has warned the person of the 
consequences 
of 
failing 
to 
submit 
to 
a 
chemical 
test 
pursuant to section 2521. subsection 3; and 
C. 
The person in fact fails to submit to and complete a 
chemical 
test 
pursuant 
to 
section 
2521 
to 
determine 
blood-alcohol level and drug concentration by analysis of 
blood. breath or urine. 
2. 
Penalties. 
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 $400; 
(2) 
A court-ordered suspension of a driver' s license 
for a period of 90 days; and 
(3) 
A period of incarceration of not less than 48 
hours; 
B. 
For a person having one previous OUI offense within a 
10-year period: 
(1) 
A fine of not less than $600; 
(2) 
A period of incarceration of not less than 7 days; 
(3) 
A court-ordered suspension of a driver' s license 
for a period of 18 months: and 
(4) 
In accordance with section 2416. a court-ordered 
suspension of the person' s right to register a motor 
vehicle; 
C. 
For a person having 2 previous OUI offenses within a 
10-year period: 
(1) 
A fine of not less than $1.000; 
(2) 
A period of incarceration of not less than 30 days; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "fr' to H.P. 267, L.D. 324 
(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 3 or more previOus OUI offenses 
within a 10-year period: 
(1) 
A fine of not less than $2,000; 
(2) 
A period of incarceration of not less than 6 
months; 
(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; 
E. 
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 Seryices, 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 
subseguent to the date of the offense; and 
F. 
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. 
3. 
Strict liability. 
Violation of this section is a strict 
liability crime as defined in Title l7-A, section 34, subsection 
4-A. 
Sec. 4. 29-A MRSA §2521, sub-§3, as amended by PL 1997, c. 
357, §l, is further amended to read: 
3. 
Warnings. 
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, 
B or G ~ unless the person has first 
been told that the refusal or failure will: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~ to H.P. 267, L.D. 324 
A. 
ResQ±~ Will 
result in suspension of 
that person's 
driver's license for a period up to 6 years: 
B. 
8e Will 
be 
admissible in evidence at 
a 
trial for 
operating under the influence of intoxicants: and 
~T--8e-~~~J4e£ea-~~~~~~~~-~-&&&&&aG1~-1~-~he 
peFSaR--1&-~~~-~--apeFa~iR~--~aG&r-~~-J£~~~€£~€--a~ 
iR~aHieaR~s--~ha~r--iR--aaai~iaR--~a--a~haF--peRa±~iesr--will 
sQB~ee~--~h€--~~--~--a--ffia£~a~e£Y--~~~--F&r1&G--a~ 
iReaFeeFa~iaRT 
D. 
Is a crime.' 
SUMMARY 
This amendment replaces the bill and is the minority report 
of the Joint Standing Committee on Criminal Justice and Public 
Safety. 
The amendment creates a new Class D crime of failure to 
submit to a chemical test. 
A person commits this new crime if a 
law enforcement officer has probable cause to believe that person 
has 
operated 
a 
motor 
vehicle while 
under 
the 
influence of 
intoxicants: the law enforcement officer has warned the person of 
the consequences of failing to submit to a chemical test pursuant 
to 
the 
Maine 
Revised 
Statutes, 
Title 
29-A, 
section 
2521, 
subsection 3; and the person in fact fails to submit to and 
complete a chemical test to determine blood-alcohol level and 
drug concentration by analysis of blood, breath or urine. 
A 
person who is convicted of failure to submit to a chemical test 
is subject to the same mandatory penalties as a person convicted 
of criminal OUI under Title 29-A, section 2411. 
FISCAL :SOTE REQURED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/05/03 ;t;?ac.. 
Office of Fiscal and Program Review 
LD324 
An Act to Create a Crime of Refusing an Alcohol Test in Operating-
under-the-influence Cases 
LR 0460(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes a new Class D crime 
LR0460(2) - Fiscal Note - Page 1 of 1