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There are two different classifications of drinking and driving offenses.
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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. |
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Second, it is unlawful to drive or be in control of a motor vehicle with an 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 non-consensually, he/she will only be charged with driving under the influence assuming the officer has enough evidence to establish probable cause for the arrest.
Additionally, it is a class six felony if either of these offenses is committed while a child who is fifteen years of age or younger is in the vehicle. |
