DRIVING UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE
A person shall not drive, operate or be in actual physical control of the movement of any vehicle:
It is considered prima facie evidence if an adult has 0.10%, a minor had 0.02% or anyone operating a commercial vehicle had 0.04% or more by weight of alcohol in their blood at the time of driving, operating or being in actual physical control of the movement of said vehicle. For the purpose of this section, the chemical test of the sample of the person's breath, blood or urine shall be from a sample obtained within three hours after the person drove, operated or was in actual physical control of the vehicle.
PENALTIES
| | FINES | JAIL TIME |
| 1st Offense | $300 - $5,000 | 48 hours - 2 years |
| 2nd Offense (within 7 years) | $300 - $5,000 | 30 days - 2 years |
| 3rd Offense (within 7 years) | $300 - $10,000 | 90 days - 5 years |
| 4th or Subsequent Offenses (within 7 years) | $300 - $10,000 | 1 year - 5 years |
The operating privilege of any driver convicted of driving under the influence shall be suspended for 12 months.
In some cases, first time DUI offenders may be eligible for the Accelerated Rehabilitative Disposition (ARD) program. You are not eligible if you:
- had been convicted of DUI within the past 7 years,
- had seriously injured or killed someone as the result of a DUI crash, or
- had been charged at time of DUI with other specific serious vehicle violations.
In addition, the District Attorney may have other requirements that may disqualify you from ARD.
The ARD program consists of the following: - 1 to 12 month license suspension
- Probation
- Attendance at Alcohol Highway Safety School and its costs
- CRN evaluation [Assessment by a qualified Alcohol Counselor that determines the need, if any, of individual alcohol counseling as part of any sentence or ARD program.]
- Court and administrative costs, and
- Treatment and other conditions that a judge may impose.
