F. For a person sentenced under paragraph B, C or D, the court shall order the defendant to participate in the alcohol and other drug program of the Department of Behavioral and Developmental Services, Office of Substance Abuse. The court may waive the program pursuant to Title 5, section 20073-B, if the court finds that the defendant has completed an alcohol or other drug treatment program subsequent to the date of the offense; and

G. The court shall order an additional period of license suspension of 275 days for a person sentenced under paragraph A, B, C or D if the person was operating the motor vehicle at the time of the offense with a passenger under 21 years of age.

Sec. TT-4. 29-A MRSA §2411, sub-§5, as amended by PL 2003, c. 452, Pt. Q, §§80 to 82 and affected by Pt. X, §2, is further amended to read:

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:

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

(1) A fine of not less than $400 $500, except that if the person failed to submit to a test, a fine of not less than $500 $600;

(2) A court-ordered suspension of a driver's license for a period of 90 days; and

(3) A period of incarceration 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