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 1 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 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 1 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 1 within the