An Act To Increase Penalties for Operating a Motor Vehicle under the Influence of Drugs or Alcohol
Maine Legislature, Session 125, LD 0885
Committee: Criminal Justice and Public Safety
Sponsors: CEBRA
Amends: 5 MRSA §20071, 29-A MRSA §2411, 29-A MRSA §2501, 29-A MRSA §2503, 29-A MRSA §2505

Legislative Document 
No. 885 
H.P. 652 
House of Representatives, March 7, 2011 
An Act To Increase Penalties for Operating a Motor Vehicle under 
the Influence of Drugs or Alcohol 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CEBRA of Naples. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §20071, sub-§1, as amended by PL 1999, c. 448, §1, is further 
amended to read: 
1.  Alcohol-related or other drug-related motor vehicle incident.  "Alcohol-related 
or other drug-related motor vehicle incident" means a conviction or administrative action 
resulting in the suspension of a motor vehicle operator's license for a violation under 
former Title 29, section 1311-A; Title 29, section 1312, subsection 10-A; Title 29, section 
1312-C; Title 29, section 1312-B; Title 29, section 1313-B; Title 29, section 2241, 
subsection 1, paragraph N; Title 29, section 2241-G, subsection 2, paragraph B, 
subparagraph (2); Title 29, section 2241-J; Title 29-A, section 1253; Title 29-A, section 
2411; Title 29-A, section 2453; Title 29-A, section 2454, subsection 2; Title 29-A, 
section 2456; Title 29-A, section 2457; Title 29-A, section 2472, subsection 3, paragraph 
B and subsection 4; Title 29-A, section 2503; Title 29-A, sections 2521 to 2523; or Title 
29-A, section 2525 or the rules adopted by the Department of the Secretary of State for 
the suspension of commercial drivers' licenses. 
Sec. 2.  29-A MRSA §2411, sub-§5, ¶A, as amended by PL 2009, c. 447, §41, is 
further amended to read: 
A.    For a person having no previous OUI offenses within a 10-year period: 
(1)  A fine of not less than $500, except that if the person failed to submit to a 
test, a fine of not less than $600; 
(2)  A court-ordered suspension of a driver's license for a period of 90 180 days; 
and 
(3)  A period of incarceration as follows: 
(a)  Not less than 48 hours when the person: 
(i)  Was tested as having an alcohol level of 0.15 grams or more of 
alcohol per 100 milliliters of blood or 210 liters of breath; 
(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; and 
(b)  Not less than 96 hours when the person failed to submit to a test at the 
request of a law enforcement officer; 
Sec. 3.  29-A MRSA §2411, sub-§5, ¶B, as amended by PL 2007, c. 531, §2 and 
affected by §10, is further amended to read: 
B.  For a person having one previous OUI offense within a 10-year period: 
(1)  A fine of not less than $700, 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 $900; 
(2)  A period of incarceration of not less than 7 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 12 days; 
(3)  A court-ordered suspension of a driver's license for a period of 3 5 years; and 
(4)  In accordance with section 2416, a court-ordered suspension of the person's 
right to register a motor vehicle; 
Sec. 4.  29-A MRSA §2411, sub-§5, ¶C, as amended by PL 2007, c. 531, §2 and 
affected by §10, is further amended to read: 
C.  For a person having 2 previous OUI offenses within a 10-year period, which is a 
Class C crime: 
(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 6 10 years; 
and 
(4)  In accordance with section 2416, a court-ordered suspension of the person's 
right to register a motor vehicle; 
Sec. 5.  29-A MRSA §2501, as amended by PL 1995, c. 368, Pt. AAA, §24, is 
repealed. 
Sec. 6.  29-A MRSA §2503, as amended by PL 1997, c. 737, §21, is repealed. 
Sec. 7.  29-A MRSA §2505, as enacted by PL 1993, c. 683, Pt. A, §2 and affected 
by Pt. B, §5, is amended to read: 
§2505.  Special restricted license for participation in education and treatment 
programs 
Notwithstanding other limitations, following the expiration of the total period of 
suspension, the Secretary of State may issue a restricted license to a person for the 
purpose of allowing that person to participate in an alcohol and drug program or other 
treatment program determined appropriate by the Office of Substance Abuse. 
SUMMARY 
This bill increases the suspension periods for criminal OUI and repeals the provisions 
that allow a court to issue a special or conditional license before the total period of 
suspension has been served.