Sec. 1. 29-A MRSA §2411, sub-§1-A, ķA, as enacted by PL 2003, c. 452, Pt. Q, §78 and affected by Pt. X, §2, is 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 a blood-alcohol level of 0.08% or more to 0.199%;

Sec. 2. 29-A MRSA §2411, sub-§§1-B and 1-C are enacted to read:

1-B.__Operating while impaired.__A person commits the offense of operating while impaired if that person operates a motor vehicle while having a blood-alcohol level of 0.04% to 0.0799%.__ Operating while impaired is a Class E crime.

1-C.__Operating while inebriated.__A person commits the offense of operating while inebriated if that person operates a motor vehicle while having a blood-alcohol level of 0.2% or more.__ Operating while inebriated is a Class D crime.

Sec. 3. 29-A MRSA §2411, sub-§5, as amended by PL 2003, c. 673, Pt. TT, §4 and c. 689, Pt. B, §6, 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 Notwithstanding the provisions of Title 17-A, chapter 53, 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 $1,000 and not more than $2,500;

(2) A court-ordered suspension of a driver's license for a period of 90 30 days; and

(3) A period of incarceration as follows: of not less than 72 hours;