An Act To Increase the Period of Time for the Calculation of a Prior Conviction for Operating under the Influence
Maine Legislature, Session 126, LD 1729
Committee: Criminal Justice and Public Safety
Sponsors: MARKS, FOWLE, KRUGER, MASTRACCIO, NADEAU, NUTTING, ROCHELO, WILSON
Amends: 29-A MRSA §1603, 29-A MRSA §2303, 29-A MRSA §2402, 29-A MRSA §2411, 29-A MRSA §2412-A, 29-A MRSA §2416, 29-A MRSA §2451, 29-A MRSA §2452, 29-A MRSA §2487, 29-A MRSA §2503, 29-A MRSA §2506, 29-A MRSA §2557-A

Legislative Document 
No. 1729 
H.P. 1237 
House of Representatives, January 16, 2014 
An Act To Increase the Period of Time for the Calculation of a Prior 
Conviction for Operating under the Influence 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative MARKS of Pittston. 
Cosponsored by Representatives: FOWLE of Vassalboro, KRUGER of Thomaston, 
MASTRACCIO of Sanford, NADEAU of Winslow, NUTTING of Oakland, ROCHELO of 
Biddeford, WILSON of Augusta. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  29-A MRSA §1603, sub-§2, as amended by PL 1995, c. 368, Pt. AAA, 
§2, is further amended to read: 
2.  Suspension of license or registration following OUI convictions.  On receipt of 
an attested copy of the court record of an OUI conviction when the person has been 
previously convicted within a 10-year 15-year period of OUI, the Secretary of State may 
not reinstate the person's license until the person gives proof of financial responsibility.  
The period of suspension under this subsection may not be less than the original period of 
suspension imposed for the conviction. 
Sec. 2.  29-A MRSA §2303, sub-§1, ¶G, as amended by PL 1995, c. 645, Pt. B, 
§17, is further amended to read: 
G.    Has not received an OUI conviction, as defined in section 2401, subsection 9, 
within the preceding 10-year 15-year period. 
Sec. 3.  29-A MRSA §2402, as amended by PL 1995, c. 368, Pt. AAA, §6, is 
repealed and the following enacted in its place: 
§2402.  Calculating prior convictions 
1.  Prior conviction; action.  For purposes of this chapter, a prior conviction or 
action has occurred within the 10-year period if the date of the action or the date of the 
docket entry of conviction is 10 years or less from the date of the new conduct. 
2.  OUI prior conviction; action.  For purposes of this chapter, a prior conviction or 
action for OUI has occurred within the 15-year period if the date of the action or the date 
of the docket entry of conviction is 15 years or less from the date of the new OUI 
conduct. 
Sec. 4.  29-A MRSA §2411, sub-§1-A, as amended by PL 2011, c. 159, §1, is 
further amended to read: 
1-A.  Offense.  A person commits OUI if that person: 
A.  Operates a motor vehicle: 
(1)  While under the influence of intoxicants; or 
(2)  While having an alcohol level of 0.08 grams or more of alcohol per 100 
milliliters of blood or 210 liters of breath; 
B.  Violates paragraph A and: 
(1)  Has one previous OUI offense within a 10-year 15-year period; 
(2)  Has 2 previous OUI offenses within a 10-year 15-year period; or 
(3)  Has 3 or more previous OUI offenses within a 10-year 15-year period; 
C.  Violates paragraph A, failed to submit to a test at the request of a law enforcement 
officer and: 
(1)  Has no previous OUI offenses within a 10-year 15-year period; 
(2)  Has one previous OUI offense within a 10-year 15-year period; 
(3)  Has 2 previous OUI offenses within a 10-year 15-year period; or 
(4)  Has 3 previous OUI offenses within a 10-year 15-year period; 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; 
(1-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 an alcohol level of 
0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath.  
For purposes of this subparagraph, the 10-year 15-year limitation specified in 
section 2402 and the 10-year limitation specified in Title 17-A, subsection 
section 9-A, subsection 3 does not apply to the prior criminal homicide 
conviction.  
Sec. 5.  29-A MRSA §2411, sub-§5, ¶A, as amended by PL 2013, c. 389, §1 and 
affected by §7, is further amended to read: 
A.  For a person having no previous OUI offenses within a 10-year 15-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 150 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. 6.  29-A MRSA §2411, sub-§5, ¶¶B and C, as amended by PL 2007, c. 
531, §2 and affected by §10, are further amended to read: 
B.  For a person having one previous OUI offense within a 10-year 15-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 years; and 
(4)  In accordance with section 2416, a court-ordered suspension of the person's 
right to register a motor vehicle; 
C.  For a person having 2 previous OUI offenses within a 10-year 15-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 years; and 
(4)  In accordance with section 2416, a court-ordered suspension of the person's 
right to register a motor vehicle; 
Sec. 7.  29-A MRSA §2411, sub-§5, ¶D, as amended by PL 2013, c. 187, §1, is 
further amended to read: 
D.  For a person having 3 or more previous OUI offenses within a 10-year 15-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 8 years; and 
(4)  In accordance with section 2416, a court-ordered suspension of the person's 
right to register a motor vehicle;  
Sec. 8.  29-A MRSA §2412-A, sub-§3, ¶A, as enacted by PL 1995, c. 368, Pt. 
AAA, §12, is amended to read: 
A.  If the person has a prior conviction for violating this section within a 10-year 
15-year period and was subject to the minimum mandatory sentences, then the 
following minimum penalties, which may not be suspended by the court, apply in the 
event the suspension was for OUI: 
(1)  A minimum fine of $1,000, a term of imprisonment of 30 consecutive days 
and a suspension of license for not less than one year nor more than 3 years 
consecutive to the original suspension in the event of one prior conviction; 
(2)  A minimum fine of $2,000, a term of imprisonment of 60 consecutive days 
and a suspension of license for not less than one year nor more than 3 years 
consecutive to the original suspension in the event of 2 prior convictions; or 
(3)  A minimum fine of $3,000, a term of imprisonment of 6 months and a 
suspension of license for not less than one year nor more than 3 years consecutive 
to the original suspension in the event of 3 or more prior convictions.  The 
sentencing class for this offense is a Class C crime. 
Sec. 9.  29-A MRSA §2412-A, sub-§5-A is enacted to read: 
5-A.  Prior OUI convictions.  For purposes of this section, a prior OUI conviction or 
suspension has occurred within a 15-year period if the date of the suspension or the 
docket entry of a judgment of conviction by the clerk is 15 years or less from the date of 
the new OUI conduct that is penalized or for which the new penalty may be enhanced. 
Sec. 10.  29-A MRSA §2416, sub-§1, as amended by PL 1995, c. 368, Pt. AAA, 
§13, is further amended to read: 
1.  Required registration suspension; return of certificate and plates.  The court 
shall suspend the right to register a motor vehicle and all registration certificates and 
plates issued by the Secretary of State to any person convicted for a violation of section 
2411 who has a previous conviction for OUI within the 10-year 15-year period defined by 
section 2402.  The Secretary of State shall return the certificate of registration and plates 
to the defendant when the defendant's license and registration privileges have been 
restored. 
Sec. 11.  29-A MRSA §2451, sub-§3, as amended by PL 2009, c. 54, §§1 to 3 
and affected by c. 415, Pt. C, §§2 and 3, is further amended to read: 
3.  Suspension period.  Unless a longer period of suspension is otherwise provided 
by law and imposed by the court, the Secretary of State shall suspend the license of a 
person convicted of OUI for the following minimum periods: 
A.    Ninety days, if the person has one OUI conviction within a 10-year 15-year 
period; 
B.   Three years, if the person has 2 OUI offenses within a 10-year 15-year period; or 
C.   Six years, if the person has 3 or more OUI offenses within a 10-year 15-year 
period. 
For the purposes of this subsection, a conviction or suspension has occurred within a 
10-year 15-year period if the date of the new conduct is within 10 15 years of a date of 
suspension or a docket entry of judgment of conviction. 
Sec. 12.  29-A MRSA §2452, sub-§3, as amended by PL 1995, c. 368, Pt. AAA, 
§18, is further amended to read: 
3.  Suspend for at least 6 years.  Suspend for a period of at least 6 years the school 
bus operator endorsement of any person convicted of a 2nd or subsequent OUI violation 
within a 10-year 15-year period as defined by section 2402. 
Sec. 13.  29-A MRSA §2487, as amended by PL 1995, c. 368, Pt. AAA, §23, is 
further amended to read: 
§2487.  Proof of financial responsibility 
A person with an OUI conviction within the 10-year 15-year period as defined by 
section 2402 may not have a license reinstated until that person has complied with the 
financial responsibility provisions of section 1605. 
Sec. 14.  29-A MRSA §2503, sub-§1, ¶C, as amended by PL 2011, c. 335, §12, 
is further amended to read: 
C.  The petitioner has not, within 10 15 years, been under suspension for an OUI 
offense or pursuant to section 2453 or 2453-A. 
Sec. 15.  29-A MRSA §2506, as amended by PL 2009, c. 447, §65, is further 
amended to read: 
§2506.  Conditional license 
A license, including a nonresident's operating privilege, issued to a person with an 
OUI conviction must be issued on the condition that the person not operate a motor 
vehicle with an alcohol level of more than 0.00 grams per 100 milliliters of blood or 210 
liters of breath for the following periods from the license reinstatement date: on first 
conviction, one year; and on a 2nd or subsequent conviction, 10 15 years.  The provisions 
of sections 1251, subsection 1 and 2457 apply. 
Sec. 16.  29-A MRSA §2557-A, sub-§2, as amended by PL 2009, c. 54, §5 and 
affected by c. 415, Pt. C, §§2 and 3, is further amended to read: 
2.  Penalties.  The following penalties apply. 
A.  A person is guilty of a 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 received an OUI conviction within the previous 10 15 
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 within the previous 10 15 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 within the previous 10 15 years. 
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 OUI convictions within the previous 10 15 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. 
SUMMARY 
This bill increases the period of time for calculating a prior conviction for operating 
under the influence from 10 years to 15 years.