An Act To Strengthen the ~UI Laws
Maine Legislature, Session 122, LD 1114
Committee: Criminal Justice and Public Safety
Sponsors: NASS, DAVIS, BROWN, CARR, MARLEY, PINEAU
Amends: 29-A MRSA §2411, 29-A MRSA §241, 29-A MRSA §2421

Legislative Document 
No. 1114 
H.P.767 
House of Representatives, March 1, 200'5 
An Act To Strengthen the ~UI Laws 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative NASS of Acton. 
Cosponsored by Senator DAVIS of Piscataquis and 
7!/~ 
frJ.11!r1£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BROWN of South Berwick, CARR of Lincoln, DAVIS of Augusta, 
MARLEY of Portland, PINEAU of Jay. 
Printed on recyc led paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 29-A MRSA §2411, sub-§5, ~~C and D, as amended by PL 
2003, c. 673, Pt. TT, §4, are further amended to read: 
C. 
For a person having 2 previous QUI offenses wi thin a 
10-year period: 
(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; 
(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; 
(3) 
A court-ordered suspension of a driver's license 
for a period of 4 years unless the person has 2 or more 
previous QUI offenses within a 5-year period, in which 
case 
a 
court 
may 
order 
revocation 
of 
a 
driver's 
license; 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 QUI offenses 
within a 10-year period, which is a Class C crime: 
(1) 
A fine of not less than $2,100, except that if the 
person fai::'ec1 to submit to a test at the request of a 
law enforcement officer, a fine of not less than $2,500; 
( 2 ) 
A period of incarceration of not less than 
except that if the person failed to submit to a 
the request of a 
law enforcement officer, a 
months, 
test at 
period of 
days; 
incarceration of not less than 6 months and 
(3) 
A court-ordered suspension of a driver's 
for a period of 6 years unless the person has 2 
previous OUI offenses within a 5-year period, 
case 
a 
court 
may 
order 
revocation 
of 
a 
license; and 
license 
or more 
in which 
driver's 
(4) 
In accordance with section 2416, a court-ordered 
suspension of the person's right to register a motor 
vehicle; 
Page l-LR0944(1) 
.. 
4fl 
Sec. 2. 29-A MRSA §2411, sub-§5, F, as amended by PL 2001, c. 
51l, §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; aRa 
Sec. 3. 29-A MRS A §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 
days 
for 
a 
person 
sentenced 
under 
paragraph A, B, C, D or D-l if the person was operating the 
motor vehicle at the time of the offense with a passenger 
under 21 years of ageTL 
Sec. 4. 29-A MRSA §241l, sub-§5, ,," 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. 
Fail.ure to 
submit-"-._--=I=n~a=d"",d""i'-'"t,-"i,-"o~n,"----,t..,o<---"a=n""y,---,,o,-,t,,-,h,,",e,,-,r"---------Jp"-'e=n=a=l-"t~y 
under this chapter, 
a 
failure to submit to 
a 
test of 
a 
law 
enforcement officer is a Class E crime. 
l.0. 
Financial. 
l.iabil.ity. 
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. 
l.1.. 
Additional. fine. 
In addition to the surcharge under 
subsection 7 and any other penalties under this section, a fine 
of $50 must be charged to a person convicted under this section. 
Notwithstanding the provisions of section 2602, a fine under this 
subsection accrues to the Medical Care for Drunk Driving Victims 
Fund established in subsection 12. 
12. 
Medical Care for Drunk Driving Victims Fund. 
There is 
established the Medical Care for Drunk Driving Victims Fund, a 
nonlapsing, interest-bearing account referred to in this section 
as 
"the 
fund," 
administered 
by 
the 
Commissioner 
of 
Public 
Safety. The fund receives money deposited by the Treasurer of 
State pursuant to subsection 11. All money deposited in the fund 
and the earnings on that money remain in the fund and may be used 
to provide emergency services for medical care for victims of 
drunk driving and for the necessary administrative and personnel 
costs associated with the management of the fund. 
Sec. 6. 29-A MRSA §2421, sub-§l, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
1. 
Forfeiture. After notice and hearing, a motor vehicle 
must be forfeited to the State when a defendant is the sole 
owner-operator of that vehicle and: 
B. 
Convicted of: 
(1) 
OUI; and 
(2) 
A 
simultaneous 
offense 
suspension when the underlying 
for a prior OUI convictionTL-Q£ 
of 
operating 
suspension was 
after 
imposed 
C. 
Convicted of 3 or more OUI offenses within a 10-year 
period. 
The 
court shall order the forfeiture unless 
satisfies the court prior to the judgment and by 
of the evidence that the other person had a right 
motor vehicle, to the exclusion of the defendant, 
the offense. 
SUMMARY 
another person 
a preponderance 
to possess that 
at the time of 
This bill amends the OUI laws in several ways, including: 
1. 
Establishing a mandatory sentence of 20 days in jail for 
OUI offenses committed within a 5-year period; 
2. 
Establishing a mandatory minimum sentence of 6 months in 
jail for 3 or more OUI offenses committed within a 5-year period 
and possible revocation of the defendant's driver's license; 
3. 
Providing that a refusal to 
request of a law enforcement officer is 
submit to a test 
a Class E crime; 
at the 
4. 
Providing that 3 OUI offenses wi thin a 
lO-year period 
will result in forfeiture of the defendant's car; 
5. 
Holding 
a 
person 
convicted 
of 
responsible for the cost of emergency services 
a result of an accident that occurred during 
the OUI offense; 
OUI 
financially 
that responded as 
the occurrence of 
6. 
Requiring a person convicted of OUI to pay a $50 fine to 
the Medical Care for Drunk Driving Victims Fund; and 
7. 
Establishing the Medical Care for Drunk Driving Victims 
Fund 
to provide emergency medical care for victims 
of drunk 
driving.