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Chapter #38

Chapter #38. Driving after imbibing alcohol or drugs. 3801: Definitions. Adult – at least 21 years of age Minor – person under age 21. 3802: Driving under the influence. (a) General Impair-ment:

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Chapter #38

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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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