§ 31-27-2.7. Driving while impaired.
(a) A person under the age of twenty-one (21) but at least eighteen (18) years of age
who takes a test, as provided for in § 31-27-2, at the request of a law enforcement officer who believes the person to be driving
under the influence of alcohol, shall be determined to have been driving while impaired
if the test determines the person's blood alcohol concentration to be at least two-hundredths
of one percent (.02%) but less than eight one hundredths of one percent (.08%) by
weight.
(b) Should, after a hearing in district court, it be determined that: the results of the
Free access — add to your briefcase to read the full text and ask questions with AI
§ 31-27-2.7. Driving while impaired.
(a) A person under the age of twenty-one (21) but at least eighteen (18) years of age
who takes a test, as provided for in § 31-27-2, at the request of a law enforcement officer who believes the person to be driving
under the influence of alcohol, shall be determined to have been driving while impaired
if the test determines the person's blood alcohol concentration to be at least two-hundredths
of one percent (.02%) but less than eight one hundredths of one percent (.08%) by
weight.
(b) Should, after a hearing in district court, it be determined that: the results of the
test are admissible in that it meets all of the conditions, as set forth in § 31-27-2; and the person has been afforded his or her rights as set forth in § 31-27-2; then the judge shall order as follows:
(1) A fine of not more than two hundred and fifty dollars ($250) and thirty (30) hours
of community restitution. The fine shall be deposited in the general fund.
(2) The person's driving license shall be suspended for not less than one nor more than
three (3) months on a first violation, provided the person also shall attend a special
course in driving while intoxicated and provided that the person shall also attend
an alcohol and/or drug treatment program if ordered by the district court judge. Failure
or refusal of the person to attend the course and/or alcohol or drug treatment program
shall result in the person's driving license being suspended until such time as the
course and/or treatment program has been completed.
(3) On a second and subsequent violation of the section, the person shall be fined not
more than two hundred and fifty dollars ($250) together with a highway safety assessment
of three hundred dollars ($300) and shall be required to perform up to sixty (60)
hours of community restitution. The person's driving license shall be suspended for
not less than three (3) months nor more than six (6) months. The sentencing judge
shall also require the person to attend a special course in driving while intoxicated
and also attend an alcohol and/or drug treatment program.
(c) No suspension, assessments, driving while intoxicated school, or alcohol and/or drug
treatment programs under this section can be suspended, shortened, altered, or changed.
(d) Any violation of the section shall not be considered a criminal offense.