There are two different classifications of drinking and driving offenses. First, it is unlawful to drive or be in control of a motor vehicle while under the influence of intoxicating liquor, drug, vapor, or any combination thereof. Second, it is unlawful to drive or be in control of a motor vehicle with a BAC (blood alcohol concentration) of .08 or more within two hours of driving. These are separate charges. A driver can be charged with one or both. Usually, if a driver submits to a chemical test, which results in an alcohol concentration of .08 or more, he/she will be charged with both offenses. If a driver refuses to submit to a chemical test and none is performed nonconsensually, he/she will only be charged with driving under the influence (assuming the officer has enough evidence to establish probable cause for the arrest). A person charged and convicted of one or both of the aforementioned is guilty of a class one misdemeanor. |
Did you know...
....that if a commercial driver is arrested while operating a commercial vehicle, and is found to have an alcohol concentration of .04 or more...
...that driver is subject to the same punishments a non-commercial driver would receive for driving with an alcohol concentration .08 or more.
Commercial drivers are often subject to other, non-statutory punishments, including...
... loss of employment. |
