Sec. 4. 29-A MRSA §2411, sub-§5, as amended by PL 2001, c. 511, §3, is further amended to read:

5. Penalties. The following minimum penalties apply and may not be suspended:

A. For a person having no previous OUI offenses within a 10-year period:

(1) A fine of not less than $400, except that if the person failed to submit to a test, a fine of not less than $500 up to the maximum allowed under Title 17-A, section 1301, subsection 1-A, paragraph D;

(2) A court-ordered suspension of a driver's license for a period of 90 days, which may not be suspended; and

(3) A period of incarceration, which may not be suspended, as follows:

(a) Not less than 48 hours when the person:

(i) Was tested as having a blood-alcohol level of 0.15% or more;

(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;

B. For a person having one previous OUI offense within a 10-year period:

(1) A fine of not less than $600, 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 $800