[3] 4 - Driving Under the Influence

It is a Felony to be driving a motor vehicle under any of the following conditions:

  • With a Blood Alcohol Content (BAC) of 0.02% or greater while under the age of 21.

  • With a Blood Alcohol Content (BAC) of 0.08% or greater.

  • With a Blood Alcohol Content (BAC) of 0.04% or greater while operating a commercial vehicle.

  • While under the influence of alcohol and clearly exhibiting a lack of physical motor control or fine bodily-motor skills.

  • While under the influence of drugs or narcotics.

A Portable Breathalyzer Test, Field Sobriety Test, or Drug Test may be requested. The results and findings of these tests are admissible in court. Failure to comply with a test request is a violation of Refusal to take a Sobriety Test.

Felony Sentence: 150 Seconds VMenu Sentence: 15 Minutes Economy License Points: 4 Fine: $1,000

The person arrested must have an immediate license suspension of 1 year.

If no sober, licensed, and authorized driver is able to take the vehicle from the scene on behalf of the owner, then it must be impounded.

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