An Act To Make a Conviction for a 6th Operating under the Influence Charge a Class B Crime January 19,2007
Maine Legislature, Session 123, LD 0280
Committee: Criminal Justice and Public Safety
Sponsors: DIAMOND, HANLEY, SYKES, McCORMICK, SHERMAN, BRY ANT, GERZOFSKY, HASKELL, MAREAN, PLUMMER, ROBINSON
Amends: 29-A MRSA §2411

Legislative Document 
No. 280 
S.P.95 
An Act To Make a Conviction for a 6th Operating under the 
Influence Charge a Class B Crime 
January 19,2007 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Senator DIAMOND of Cumberland. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative HANLEY of Gardiner, Representative SYKES of Harrison 
and Senators: McCORMICK of Kennebec, SHERMAN of Aroostook, Representatives: 
BRY ANT of Windham, GERZOFSKY of Brunswick, HASKELL of Portland, MAREAN of 
Hollis, PLUMMER of Windham, ROBINSON of Raymond. 
Prinfel1 011 rt'l:ydeu r~rer 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRSA §2411, sub-§l-A, as amended by PL 2005, c. 606, Pt. A, § 1, 
is further amended to read: 
I-A. Offense. A person commits ~UI if that person: 
A. 
Operates a motor vehicle: 
(1) While under the influence of intoxicants; or 
(2) While having a blood-alcohol level of 0.08% or more; 
B. 
Violates paragraph A and: 
(I) Has one previous ~UI offense within a 10-year period; 
(2) Has 2 previous OUI offenses within a 10-year period; ef 
II 
(3) Has 3 or Rlefe 1: previous ~UI offenses within a 10-year period; or 
(4) Has 5 or more previous ~UI offenses; 
C. 
Violates paragraph A, failed to submit to a test at the request of a law 
enforcement officer and: 
(l) Has no previous ~UI offenses within a 10-year period; 
(2) Has one previous OUI offense within a 10-year period; 
(3) Has 2 previous OUI offenses within a 10-year period; ef 
(4) Has 3 or 4 previous ~UI offenses within a 10-year period; or 
(5) Has 5 or more previous OUI offenses; or 
D. 
Violates paragraph A, B or C and: 
(1) In fact causes serious bodily injury as defined in Title 17-A, section 2, 
subsection 23 to another person; 
(I-A) In fact causes the death of another person; or 
(2) Has either a prior conviction for a Class B or Class C crime under this 
section or former Title 29, section 1312-B or a prior criminal homicide 
conviction involving or resulting from the operation of a motor vehicle while 
under the influence of intoxicating liquor or drugs or with a blood-alcohol level 
of 0.08% or greater. 
Sec. 2. 29-A MRSA §2411, sub-§5, ~, as amended by PL 2003, c. 673, Pt. TT, 
§4, is further amended to read: 
D. 
For a person having 3 or Rlefe 1: previous OUI 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 failed 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 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; 
(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; 
Sec. 3. 29-A MRSA §2411, sub-§5,~, 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 0, 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; tmd 
Sec. 4. 29-A MRSA §2411, sub-§5, ~G, as amended by PL 2005, c. 606, Pt. A, 
§4, is further amended to read: 
G. 
The court shall order an additional period oflicense suspension of275 days for a 
person sentenced under paragraph A, B, C, 0, 0-1 or 0-2 if the person was operating 
the motor vehicle at the time of the offense with a passenger under 21 years of age~~ 
and 
Sec. 5. 29-A MRSA §2411, sub-§5, ~ 
is enacted to read: 
H. For a person having 5 or more previous OUI offenses, which is a Class B crime: 
(1) A fine of not less than $3,000, 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 $3,500; 
(2) A period of incarceration of not less than one year, 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 one year and 3 months; 
(3) A court-ordered suspension of a driver's license for life. A person whose 
license is revoked pursuant to this paragraph may petition the Secretary of State 
for relicensure after 10 years. The Secretary of State may relicense the person 
only if the Secretary of State determines that the person has satisfied all statutory 
and administrative conditions that warrant relicensure; and 
(4) In accordance with section 2416, a court-ordered suspension of the person's 
right to register a motor vehicle. 
SUMMARY 
This bill creates a new Class B crime of operating a motor vehicle while under the 
influence 6 or more times. This new crime is not limited by the 10-year lookback period 
and is subject to penalties including a fine of not less than $3,000, except that if the 
person failed to submit to a test at the request of a law enforcement officer, a fine of not 
I 
less than $3,500; a period of incarceration of not less than one year, 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 one year and 3 months; and a court-ordered suspension of a 
driver's license for life.