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Driving Under the Influence: Legal Implications and Penalties for Alcohol and Drugs

This chapter outlines the laws and penalties regarding driving after consuming alcohol or drugs. It defines adults and minors, explains permissible Blood Alcohol Concentration (BAC) limits, and prohibits driving under the influence of controlled substances. Different BAC thresholds (0.08%, 0.10%, and 0.16%) are outlined, each with specific penalties, including fines, probation, and license suspensions. Additionally, it addresses ramifications for minors and specific vehicles. Understanding these laws is crucial for safe driving and compliance with legal standards.

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Driving Under the Influence: Legal Implications and Penalties for Alcohol and Drugs

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  1. Chapter #38 Driving after imbibing alcohol or drugs

  2. 3801: Definitions Adult – at least 21 years of age Minor – person under age 21

  3. 3802: Driving under the influence • (a) General Impair-ment: • 1) May not: drive, operate or be in control of a vehicle after using alcohol or drugs and in-capable of safe op-eration of a vehicle

  4. 3802 (con’t) • (2) an individual may not drive, operate, or be in actual control of a vehicle with a BAC at least 0.08% but less than 0.10% within two hours after driving, operating or con-trolling a vehicle

  5. 3802 • High rate of alcohol: • May not drive, oper-ate, or be in control of a vehicle with a BAC of at least 0.10% but less than 0.16% within two hours after driving, operating, or con-trolling

  6. 3802 • Highest rate of al-cohol: may not op-erate, drive, or be in control of a vehicle with a BAC of 0.16% or higher within two hours after driving, operating or con-trolling a vehicle

  7. 3802: controlled substances • An individual may not drive, operate or be in control of a vehicle with: • 1. Any schedule 1 narcotic • 2. Any schedule 2 or 3 drug not pre-scribed to operator • 3. Any derivatives of schedule 1, 2, or 3

  8. 3802: controlled substances • Can’t operate, drive, or be in control of a vehicle if under the influence of a drug or combination of drugs which impairs safe handling of a vehicle

  9. 3802: alcohol and controlled substances • Can’t safely drive, operate, or be in control of a vehicle while under the combined influence of alcohol and drugs which impairs safe operation of vehicle

  10. Minors • May not drive, oper-ate or be in control of a vehicle with a BAC of 0.02% or higher within two hours of driving, op-erating or controlling a vehicle

  11. Commercial / School Vehicle • May not drive, oper-ate or be in control of a vehicle with BAC of 0.04% commercial or 0.02% school vehicle within two hours after having driven and

  12. Commercial / School Vehicle • 2) Incapable of safe driving • 3) Under influence of controlled sub-stance(s) • 4) Under influence of controlled sub-stance and alcohol

  13. 3803 Grading and 3804: Penalties • GENERAL IMPAIRMENT 0.08% - 0.99%: first, second, third offenses: • Sentences: Six months probation, five days, ten days • Fines: 300, 300-2500, 500-5,000 • License: no action, 12 months, 12 months

  14. 3803: Grading / 3804: Penalties • High Rate: 0.10% - 0.159%, MINORS, commercial and school vehicles and accidents – injury and damage – first, second, and third respectively • Sentences: two, 30 and 90 days • Fines: 500-5000, 750-5000, 1500-10,000 • License: 12, 12, and 18 months

  15. 3803: Grading / 3804: Penalties • Highest rate: 0.16% ++ and controlled substances – first, second, third • Sentences: 3 days, 90 days, one year • Fines: 1000-5000, 1500+, 2500+ • License: 12, 18, and 18 months

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