An Act To Make Technical Corrections to the Operating Under the Influence Laws
Maine Legislature, Session 124, LD 0180
Committee: Criminal Justice and Public Safety
Sponsors: GERZOFSKY, DAMON, JACKSON, NUTTING, PERRY, KNIGHT, WATSON
Amends: 29-A MRSA §2451, 29-A MRSA §2558

FIRST REGULAR SESSI01~-2009 
Legislative Document 
No. ISO 
S.P.66 
January 21,2009 
An Act To Make Technical Corrections to the Operating Under the 
Influence Laws 
Submitted by the Secretary of State pursuant to Joint Rule 204. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Senator GERZOFSKY of Cumberland. 
9t8(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senators: DAMON of Hancock, JACKSON of Aroostook, NUTTING of 
Androscoggin, PERRY of Penobscot, Representatives: KNIGHT of Livermore Falls, 
WATSON of Bath. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRSA §2451, sub-§3, EjfB, as enacted by PL 1995, c. 368, Pt. 
AAA, § 17, is amended to read: 
B. EighteeR mORths Three years, if the person has 2 OUI offenses within a 10-year 
period; or 
Sec. 2. 29-A MRSA §2451, sub-§3, ~C, as enacted by PL 1995, c. 368, Pt. 
AAA, § 17, is amended to read: 
C. ¥eHF Six years, if the person has 3 or more OUI offenses within a 10-year periodt 
OF.:. 
Sec. 3. 29-A MR.SA §2451, sub-§3, ~, as enacted by PL 1995, c. 368, Pt. 
AAA, § 17, is repealed. 
Sec. 4. 29-A MRS A §2557-A, sub-§2, as enacted by PL 2005, c. 606, Pt. A, §11, 
is amended to read: 
2. Penalties. The following penalties apply. 
A. A person is guilty ofa Class D crime if the person violates subsection 1 and: 
(1) The person has not been convicted for operating after revocation under this 
section or under former Title 29, section 2298 within the previous 10 years; and 
(2) The person has not beeR cORvicted for violatiRg sectioR 2411 or former Title 
29. sectioR 1312 B received an OUI conviction within the previous 10 years. 
The minimum fine for a Class D crime under this paragraph is $500 and the 
minimum term of imprisonment is 30 days, neither of which may be suspended by 
the court. 
B. A person is guilty of a Class C crime if the person violates subsection 1 and: 
(1) The person has one conviction for operating after revocation under this 
section or under former Title 29, section 2298 within the previous 10 years; or 
(2) The person has one OUI conviction for violatiRg sectioR 2411 or former Title 
2Q. sectiAn 1112 R within the previous 10 years. 
The minimum fine for a Class C crime under this paragraph is $1,000 and the 
minimum term of imprisonment is 6 months, neither of which may be suspended by 
the court. 
C. A person is guilty of a Class C crime if the person violates subsection 1 and: 
(1) The person has 2 convictions for operating after revocation under this section 
or under former Title 29, section 2298 within the previous 10 years; or 
(2) The person has 2 OUI convictions for violatiR2: sectioR 2411 or former Title 
29. sectiAn 1112 R within the previous 10 years. 
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The mInImum fine for a Class C crime under this paragraph is $1,000 and the 
minimum term of imprisonment is 9 months plus a day, neither of which may be 
suspended by the court. 
D. A person is guilty of a Class C crime if the person violates subsection 1 and: 
(1) The person has 3 or more convictions for operating after revocation under 
this section or under former Title 29, section 2298 within the previous 10 years; 
or 
(2) The person has 3 or more QUI convictions for violating section 24 I I or 
former Title 29, section 1312 B within the previous 10 years. 
The minimum fine for a Class C crime under this paragraph is $1,000 and the 
minimum term of imprisonment is 2 years, neither of which may be suspended by the 
court. 
Sec. 5. 29-A MRSA §2558, sub-§2, ~, as enacted by PL 2005, c. 606, Pt. A, 
§ 12, is amended to read: 
B. A person who violates subsection 1 and at the time has one QUI conviction fof 
violating this section, section 2411, or one conviction for violating former section 
2557 or section 2557-A within the previous 10 years commits a Class C crime for 
which a minimum fine of $1,000 and a minimum term of imprisonment of one year 
must be imposed, neither of which may be suspended by the court. 
SUMMARY 
This bill corrects the inconsistency in the minimum periods of license suspension for 
repeat QUI offenders resulting from Public Law 2007, chapter 531. 
The bill amends the QUI laws to treat QUI convictions rendered by jurisdictions 
other than the State the same as Maine QUI convictions for the purpose of increasing the 
class of crime for operating after habitual offender revocation. 
This bill amends the QUI laws to treat QUI convictions rendered by jurisdictions 
other than the State the same as Maine QUI convictions for purposes of the imposition of 
penalties for aggravated operating after habitual offender revocation.