[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.

Misdemeanor Sentence: 5 Month(s) License Points: 4 Fine: $500

The person arrested must have an immediate license suspension of 5 days.

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.