An Act To Suspend Driver's Licenses of Person[ 'Operating All-terrain Vehicles, Watercraft and II Snowmobiles while Intoxicated
Maine Legislature, Session 124, LD 0712
Committee Amendment CA_A_H363 (House)
Amends: 12 MRSA §10701, 29-A MRSA §241

COMMITTEE AMENDMENT" fj " to H.P. 495, L.D. 712, Bill, "An Act To 
Suspend Driver's Licenses of Person[ 'Operating All-terrain Vehicles, Watercraft and 
II 
Snowmobiles while Intoxicated" 
Amend the bill by striking out the title and substituting the following: 
'An AC.t To Require That Prior QUI Convictions Committed with a Motor Vehicle, 
Watercraft, Snowmobile or All-terrain Vehicle Are Treated as Previous QUI 
Convictions for Purposes of Sentencing' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRSA §10701, sub .. §3, as affected by PL 2003, c. 614, §9 and 
amended by c. 655, Pt. B, §75 and affected by §422 and amended byc. 689, Pt. B, §6, is 
further amended to read: 
3. Penalties. A person who violates this section commits a Class D crime. In 
determining an appropriate sentence, refusal to submit to a chemical test must in every 
case be an aggravating factor. In the following cases the following minimum penalties 
apply. 
A. 
In the case of a person having no previous convictions of a violation of 
subsection I-A or Title 29-A, section 2411 within the previous 6-year period, the fine 
may not be less than $400. If that person was adjudicated within the previous 6-year 
period for failure to comply with the duty to submit to and complete a blood-alcohol 
test under section ·10702, subsection 1, the fine may not be less than $500. 
A 
conviction under this paragraph must include a period of incarceration of not less 
than 48 hours, none of which may be suspended, when the person: 
(1) Was tested as having a blood-alcohol level of 0.15% or more; 
(2) Failed or refused to stop upon request or signal of an officer in uniform, 
pursuant to section 6953 or 10651, during the operation that resulted in 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"~" to H.P. 495, LD. 712 
prosecution for operating under the influence or with a blood-alcohol level of 
0.08% or more; or 
(3) Failed to submit to a chemical test to determine that person's blood-alcohol 
level or drug concentration, requested by a law enforcement officer on the 
occasion that resulted in the conviction. 
B. 
In the case of a person having one previous convIctIOn of a violation of 
subsection I-A or Title 29-A, section 2411 within the previous 6-year period, the fine 
. may not be less than $600. If that person was adjudicated within the previous 6-year 
period for failure to comply with the duty to submit to and complete a blood-alcohol 
or drug concentration test under section 10702, subsection 1, the fine may not be less 
than $800. A conviction under this paragraph must include a period of incarceration 
of not less than 7 days, none of which may be suspended. 
C. 
In the case of a person having 2 or more previous convictions of violations of 
subsection I-A or Title 29-A, section 24] 1 within the previous 6-year period, the fine 
may not be less than $] ,000. If that person was adjudicated within the previous 6-
year period for failure to comply with the duty to submit to and complete a blood-
alcohol or drug concentration test under section] 0702, subsection], the fine may not 
be less than $] ,300. A conviction under this paragraph must include a period of 
incarceration of not less than 30 days, none of which may be suspended. 
D. 
In addition to the penalties provided under paragraphs A to C, the court may 
order the defendant to participate in the alcohol and other drug education, evaluation 
and treatment programs for multiple offenders administered by the Department of 
Health and Human Servic~s, Office of Substance Abuse, as established in Title 5, 
chapter 52] . 
E. 
. The penalties provided under paragraphs B, C and D may not be suspended by 
the court. 
F. 
If the State pleads and proves that, while hunting or operating a snowmobile, all-
terrain vehicle. or watercraft in violation of this section, the defendant in fact caused 
serious bodily injury as defined in Title 17-A, section 2, subsection 23, to another· 
person or in fact caused the death of another person, the sentencing class for the 
offenses in subsection I-A is Class C. The minimum penalties specified in this 
subsection apply, unless a longer minimum period otherwise applies. 
Any alternatives defined in subsection ] -A may be pleaded in the alternative. The State 
may, but is not required to, elect an alternative prior to submission to the fact finder. 
For purposes of this subsection, a prior conviction has occurred within the 6-year period 
if the date of docket entry by the clerk of a judgment of conviction or adjudication is 6 
years or less from the date of the new conduct that is penalized or for which the penalty is 
or may be enhanced. 
In determining the appropriate sentence, the court shall consider the defendant's record of 
convictions for hunting under the influence or operating a snowmobile, all-terrain vehicle 
or watercraft while under the influence of intoxicating liquor or drugs aOO~ for failure to . 
comply with the duty to submit or for committing OUI pursuant to Title 29-A, section 
24] 1. The court may rely upon oral representations based on records maintained by the 
COMMI 
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COMMIITEE AMENDMENT" A" to H.P. 495, L.D. 712 
courts, by the Department of Public Safety, State Bureau of Identification; by the 
Secretary of State, including telecommunications of records maintained by the Secretary 
of State; or by the .department. 
If the defendant disputes the accuracy of any 
representation concerning a conviction or adjudication, the court shall grant a continuance 
for the purposes of determining the accuracy of the record. 
References in this Title to this subsection are deemed to refer to the juvenile crime stated 
in Title 15, section 3103, subsection 1, paragraph E and to the disposition, including a 
suspension, for that juvenile crime as provided in Title 15, section 3314, subsection 3, 
except as otherwise provided or when the context clearly requires otherwise. 
Sec. 2. 29-A MRSA §241l, sub-§5, CfiF, 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; aOO 
Sec. 3. 29-A MRSA §241l, 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 of 275 days for a 
person sentenced under paragraph A, B, C, D, D-l or D-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. 4. 29-A MRSA §241l, sub-§5, ~ 
is enacted to read: 
H. For a person sentenced under this section, the court shall consider a conviction for 
a violation of Title 12, section 10701, subsection I-A, paragraph B, C or D as a 
previous ~UI offense. 
Sec. 5. Appropriations and allocations. The following appropriations and 
allocations are made. 
CORRECTIONS, DEPARTMENT OF 
Correctional Impact Reserve N033 
Initiative: Provides funds for the additional correctional costs. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2009-10 
$134,808 
$134,808 
COMMITTEE AMENDMENT 
2010-11 
$134,808 
$134,808 
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COMMITIEE AMENDMENT" ft" to H.P. 495, L.D. 712 
CORRECTIONS, DEPARTMENT OF 
DEPARTMENT TOTALS 
2009-10 
2010-11 
GENERAL FUND 
$134,808 
$134,808 
DEPARTMENT TOTAL-ALL FUNDS 
$134,808 
$134,808 
JUDICIAL DEPARTMENT 
Courts - Supreme, Superior and District 0063 
Initiative: Provides funds for court-appointed counsel. 
GENERAL FUND 
2009-10 
2010-11 
All Other 
$1,500 
$2,500 
GENERAL FUND TOTAL 
$1,500 
$2,500 
JUDICIAL DEPARTMENT 
DEPARTMENT TOTALS 
2009-10 
2010-11 
GENERAL FUND 
$1,500 
$2,500 
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DEPARTMENT TOTAL - ALL FUNDS 
$1,500 
$2,500 
SECTION TOTALS 
2009-10 
2010-11 
GENERAL FUND 
$136,308 
$137,308 
SECTION TOTAL - ALL FUNDS 
$136,308 
$137,308 
SUMMARY 
This amendment is the majority report, replaces the bill and changes the bill's title. 
The amendment requires a court, when sentencing a person convicted for OUI committed 
with a motor vehicle, watercraft, snowmobile or all-terrain vehicle, to treat prior 
convictions for OUI committed with a motor vehicle, watercraft, snowmobile or all-
terrain vehicle as a previous conviction. The amendment also adds an appropriations and 
allocations. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 05/21109 .wac.. 
LD712 
LR 1743(02) 
An Act To Suspend Driver's Licenses of Persons Operating All-terrain Vehicles, Watercraft and 
Snowmobiles while Intoxicated 
Net Cost (Savings) 
General Fund 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Criminal Justice and Public Safety 
. 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
$136,308 
2010-11 
$137,308 
Projections 
2011-12 
$137,308 
Projections 
2012-13 
$137,308 
(, 
,.\.ppropriations/AIlocations 
General Fund 
Fiscal Detail and Notes 
Correctional Cost Detail 
Class D Crime 
Total Cost - All Convictions 
FY 2010 
$134,808 
$134,808 
$136,308 
FY 2011 
$134,808 
$134,808 
$137,308 
FY 2012 
$134,808 
$134,808 
$137,308 
FY 2013 
$134,808 
$134,808. 
$137,308 
FY 2014 
$134,808 
$134,808 
This bill includes a General Fund appropriation of $134,808 in fiscal years 2009-10 and 2010-11 for the additional cost 
to correctional facilities. This estimate assumes 82 Class D convictions per year. 
This bill also includes a General Fund appropriation of $1,500 in fiscal year 2009-10 and $2,500 in fiscal year 2010-
for the Judicial Branch for court-appointed counsel costs. 
LR1743(02) - Fiscal Note - Page 1 of 1