| | | 5. Penalties. Except as otherwise provided, violation of | | this section is a Class D crime, which is a strict liability | | crime as defined in Title 17-A, section 34, subsection 4-A. The | | following minimum penalties apply and may not be suspended: |
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| | | A. For a person having no previous OUI offenses within a | | 10-year period: |
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| | (1) A fine of not less than $400 | | the person failed to submit to a test, a fine of not | less than $500 |
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| | | (2) A court-ordered suspension of a driver's license | | for a period of 90 days; and |
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| | | (3) A period of incarceration as follows: |
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| | | (a) Not less than 48 hours when the person: |
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| | | (i) Was tested as having a blood-alcohol | | level of 0.15% or more; |
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| | | (ii) Was exceeding the speed limit by 30 | | miles per hour or more; |
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| | | (iii) Eluded or attempted to elude an | | officer; or |
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| | | (iv) Was operating with a passenger under 21 | | years of age; and |
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| | | (b) Not less than 96 hours when the person failed | | to submit to a test at the request of a law | | enforcement officer; |
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| | | B. For a person having one previous OUI offense within a | | 10-year period: |
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| | (1) A fine of not less than $600 | | person failed to submit to a test at the request of a | law enforcement officer, a fine of not less than $800 | | $900; |
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| | | (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; |
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| | | (3) A court-ordered suspension of a driver's license for a | | period of 18 months; and |
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