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- Introduction
- “Vehicle” and “Motor Vehicle”
- “Drive”
- “Drugs”
- “Legal Limit”
- Open Container
- Driving Under the Influence (DUI)
- Driving Under the Influence Per Se (“DUI Per Se”)
- Driving While Ability Impaired (DWAI)
- Second and Subsequent Offenses
- Underage Drinking and Driving (“UDD” or “Baby DUI”)
- Strict Liability
- Juveniles and Minors
- Evidence of Impairment
- Standardized Field Sobriety Tests (SFSTs)
- Drug Recognition Experts (DREs)
- Expressed Consent
- Breath Tests
- Blood Tests
- Prima Facie Case Requirement
- Preparing for Trial
- Voir Dire
- Expert Testimony
- Proving Chain of Custody
- Double-Refusals
A person under the age of 21 commits the crime of Underage Drinking and Driving, a class A traffic infraction, when the person:
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- drives,
- a motor vehicle or vehicle,
- when the person’s BAC, as shown by analysis of the person’s breath, is at least 0.02 but not more than 0.05 at the time of driving or within two hours after driving.
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§ 42-4-1301(2)(d)(I).
Prior Offenses
A second or subsequent violation of this offense is a class 2 traffic misdemeanor. There are no other enhanced penalties for second or subsequent UDD offenses. § 42-4-1301(2)(d)(II).
UDD does not qualify as a prior for purposes of DUI, DUI Per Se, or DWAI second or subsequent sentencing.
Sentencing
In addition to any sentencing permitted for a class A traffic infraction, a court may sentence a person under 21 to:
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- Up to 24 hours of useful public service
- Complete an alcohol or drug evaluation or assessment
- Complete an alcohol education program
- Complete an alcohol treatment program
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§ 42-4-1301(2)(d)(I).
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