(a) A person
shall not
drive or be
in actual
physical
control of
any moving
vehicle
while:
(1) Under the influence of alcohol to the extent that it is less
safe for the
person to
drive;
(2) Under the influence of any drug to the extent that it is less
safe for the
person to
drive;
(3) Under the intentional influence of any glue, aerosol, or other
toxic vapor
to the
extent that
it is less
safe for the
person to
drive;
(4) Under the combined influence of any two or more of the
substances
specified in
paragraphs
(1) through
(3) of this
subsection
to the
extent that
it is less
safe for the
person to
drive;
(5) The
person's
alcohol
concentration
is 0.08
grams or
more at any
time within
three hours
after such
driving or
being in
actual
physical
control from
alcohol
consumed
before such
driving or
being in
actual
physical
control
ended; or
(6) Subject to the provisions of subsection (b) of this Code
section,
there is any
amount of
marijuana or
a controlled
substance,
as defined
in Code
Section
16-13-21,
present in
the person's
blood or
urine, or
both,
including
the
metabolites
and
derivatives
of each or
both without
regard to
whether or
not any
alcohol is
present in
the person's
breath or
blood.
(b) The fact
that any
person
charged with
violating
this Code
section is
or has been
legally
entitled to
use a drug
shall not
constitute a
defense
against any
charge of
violating
this Code
section;
provided,
however,
that such
person shall
not be in
violation of
this Code
section
unless such
person is
rendered
incapable of
driving
safely as a
result of
using a drug
other than
alcohol
which such
person is
legally
entitled to
use.
(c) Every
person
convicted of
violating
this Code
section
shall, upon
a first or
second
conviction
thereof, be
guilty of a
misdemeanor
and, upon a
third or
subsequent
conviction
thereof, be
guilty of a
high and
aggravated
misdemeanor
and shall be
punished as
follows:
(1) First conviction with no conviction of and no plea of nolo
contendere
accepted to
a charge of
violating
this Code
section
within the
previous
five years,
as measured
from the
dates of
previous
arrests for
which
convictions
were
obtained or
pleas of
nolo
contendere
were
accepted to
the date of
the current
arrest for
which a
conviction
is obtained
or a plea of
nolo
contendere
is accepted:
(A) A fine of not less than $300.00 nor more than $1,000.00, which
fine shall
not, except
as provided
in
subsection
(g) of this
Code
section, be
subject to
suspension,
stay, or
probation;
(B) A period of imprisonment of not less than ten days nor more
than 12
months,
which period
of
imprisonment
may, at the
sole
discretion
of the
judge, be
suspended,
stayed, or
probated,
except that
if the
offender's
alcohol
concentration
at the time
of the
offense was
0.08 grams
or more, the
judge may
suspend,
stay, or
probate all
but 24 hours
of any term
of
imprisonment
imposed
under this
subparagraph;
(C) Not less than 40 hours of community service, except that for a
conviction
for
violation of
subsection
(k) of this
Code section
where the
person's
alcohol
concentration
at the time
of the
offense was
less than
0.08 grams,
the period
of community
service
shall be not
less than 20
hours;
(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program
approved by
the
Department
of Driver
Services.
The sponsor
of any such
program
shall
provide
written
notice of
such
approval to
the person
upon
enrollment
in the
program;
and
(E) If the defendant is sentenced to a period of imprisonment for
less than 12
months, a
period of
probation of
12 months
less any
days during
which the
defendant is
actually
incarcerated;
(2) For the second conviction within a five-year period of time, as
measured
from the
dates of
previous
arrests for
which
convictions
were
obtained or
pleas of
nolo
contendere
were
accepted to
the date of
the current
arrest for
which a
conviction
is obtained
or a plea of
nolo
contendere
is accepted:
(A) A fine of not less than $600.00 nor more than $1,000.00, which
fine shall
not, except
as provided
in
subsection
(g) of this
Code
section, be
subject to
suspension,
stay, or
probation;
(B) A period of imprisonment of not less than 90 days nor more than
12 months.
The judge
shall
probate at
least a
portion of
such term of
imprisonment,
in
accordance
with
subparagraph
(F) of this
paragraph,
thereby
subjecting
the offender
to the
provisions
of Article 7
of Chapter 8
of Title 42
and to such
other terms
and
conditions
as the judge
may impose;
provided,
however,
that the
offender
shall be
required to
serve not
less than 72
hours of
actual
incarceration;
(C) Not less than 30 days of community service;
(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program
approved by
the
Department
of Driver
Services.
The sponsor
of any such
program
shall
provide
written
notice of
such
approval to
the person
upon
enrollment
in the
program;
and
(E) Undergoing a clinical evaluation as defined in Code
Section
40-5-1
and, if
indicated by
such
evaluation,
completion
of a
substance
abuse
treatment
program as
defined
in Code
Section
40-5-1;
and
(F) A period of probation of 12 months less any days during which
the
defendant is
actually
incarcerated;
or
(3) For the third or subsequent conviction within a five-year
period of
time, as
measured
from the
dates of
previous
arrests for
which
convictions
were
obtained or
pleas of
nolo
contendere
were
accepted to
the date of
the current
arrest for
which a
conviction
is obtained
or a plea of
nolo
contendere
is accepted:
(A) A fine of not less than $1,000.00 and not more than $5,000.00,
which fine
shall not,
except as
provided in
subsection
(g) of this
Code
section, be
subject to
suspension,
stay, or
probation;
(B) A
mandatory
period of
imprisonment
of not less
than 120
days nor
more than 12
months. The
judge shall
probate at
least a
portion of
such term of
imprisonment,
in
accordance
with
subparagraph
(F) of this
paragraph,
thereby
subjecting
the offender
to the
provisions
of Article 7
of Chapter 8
of Title 42
and to such
other terms
and
conditions
as the judge
may impose;
provided,
however,
that the
offender
shall be
required to
serve not
less than 15
days of
actual
incarceration;
(C) Not less than 30 days of community service;
(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program
approved by
the
Department
of Driver
Services.
The sponsor
of any such
program
shall
provide
written
notice of
such
approval to
the person
upon
enrollment
in the
program;
and
(E) Undergoing a clinical evaluation as defined in Code
Section
40-5-1
and, if
indicated by
such
evaluation,
completion
of a
substance
abuse
treatment
program as
defined
in Code
Section
40-5-1;
and
(F) A period of probation of 12 months less any days during which
the
defendant is
actually
incarcerated.
For the
purpose of
imposing a
sentence
under this
subsection,
a plea of
nolo
contendere
or an
adjudication
of
delinquency
based on a
violation of
this Code
section
shall
constitute a
conviction.
(d)(1)
Notwithstanding
the limits
set forth in
any
municipal
charter, any
municipal
court of any
municipality
shall be
authorized
to impose
the
punishments
provided for
in this Code
section upon
a conviction
of violating
this Code
section or
upon
conviction
of violating
any
ordinance
adopting the
provisions
of this Code
section.
(2) Notwithstanding any provision of this Code section to the
contrary,
any court
authorized
to hear
cases
involving
violations
of this Code
section
shall be
authorized
to exercise
the power to
probate,
suspend, or
stay any
sentence
imposed.
Such power
shall,
however, be
limited to
the
conditions
and
limitations
imposed by
subsection
(c) of this
Code
section.
(e) The
foregoing
limitations
on
punishment
also shall
apply when a
defendant
has been
convicted of
violating,
by a single
transaction,
more than
one of the
four
provisions
of
subsection
(a) of this
Code
section.
(f) The
provisions
of
Code Section
17-10-3,
relating to
general
punishment
for
misdemeanors
including
traffic
offenses,
and the
provisions
of Article 3
of Chapter 8
of Title 42,
relating to
probation of
first
offenders,
shall not
apply to any
person
convicted of
violating
any
provision of
this Code
section.
(g)(1) If
the payment
of the fine
required
under
subsection
(c) of this
Code section
will impose
an economic
hardship on
the
defendant,
the judge,
at his or
her sole
discretion,
may order
the
defendant to
pay such
fine in
installments
and such
order may be
enforced
through a
contempt
proceeding
or a
revocation
of any
probation
otherwise
authorized
by this Code
section.
(2) In the sole discretion of the judge, he or she may suspend up
to one-half
of the fine
imposed
under
paragraph
(2) or (3)
of
subsection
(c) of this
Code section
for a second
or
subsequent
conviction
conditioned
upon the
defendant's
undergoing
treatment in
a substance
abuse
treatment
program as
defined
in Code
Section
40-5-1.
(h) For
purposes of
determining
under this
chapter
prior
convictions
of or pleas
of nolo
contendere
to violating
this Code
section, in
addition to
the offense
prohibited
by this Code
section, a
conviction
of or plea
of nolo
contendere
to any of
the
following
offenses
shall be
deemed to be
a violation
of this Code
section:
(1) Any federal law substantially conforming to or parallel with
the offense
covered
under this
Code
section;
(2) Any local ordinance adopted pursuant to Article 14 of this
chapter,
which
ordinance
adopts the
provisions
of this Code
section; or
(3) Any previously or currently existing law of this or any other
state, which
law was or
is
substantially
conforming
to or
parallel
with this
Code
section.
(i) A person
shall not
drive or be
in actual
physical
control of
any moving
commercial
motor
vehicle
while there
is 0.04
percent or
more by
weight of
alcohol in
such
person's
blood,
breath, or
urine. Every
person
convicted of
violating
this
subsection
shall be
guilty of a
misdemeanor
and, in
addition to
any
disqualification
resulting
under
Article 7 of
Chapter 5 of
this title,
the "Uniform
Commercial
Driver's
License
Act," shall
be fined as
provided in
subsection
(c) of this
Code
section.
(j)(1) The
clerk of the
court in
which a
person is
convicted a
second or
subsequent
time under
subsection
(c) of this
Code section
within five
years, as
measured
from the
dates of
previous
arrests for
which
convictions
were
obtained or
pleas of
nolo
contendere
were
accepted to
the date of
the current
arrest for
which a
conviction
is obtained
or a plea of
nolo
contendere
is accepted,
shall cause
to be
published a
notice of
conviction
for each
such person
convicted.
Such notices
of
conviction
shall be
published in
the manner
of legal
notices in
the legal
organ of the
county in
which such
person
resides or,
in the case
of
nonresidents,
in the legal
organ of the
county in
which the
person was
convicted.
Such notice
of
conviction
shall be one
column wide
by two
inches long
and shall
contain the
photograph
taken by the
arresting
law
enforcement
agency at
the time of
arrest, name
and address
of the
convicted
person, and
the date,
time, place
of arrest,
and
disposition
of the case
and shall be
published
once in the
legal organ
of the
appropriate
county in
the second
week
following
such
conviction
or as soon
thereafter
as
publication
may be made.
(2) The convicted person for which a notice of conviction is
published
pursuant to
this
subsection
shall be
assessed
$25.00 for
the cost of
publication
of such
notice and
such
assessment
shall be
imposed at
the time of
conviction
in addition
to any other
fine imposed
pursuant to
this Code
section.
(3) The
clerk of the
court, the
publisher of
any legal
organ which
publishes a
notice of
conviction,
and any
other person
involved in
the
publication
of an
erroneous
notice of
conviction
shall be
immune from
civil or
criminal
liability
for such
erroneous
publication,
provided
such
publication
was made in
good faith.
(k)(1) A
person under
the age of
21 shall not
drive or be
in actual
physical
control of
any moving
vehicle
while the
person's
alcohol
concentration
is 0.02
grams or
more at any
time within
three hours
after such
driving or
being in
physical
control from
alcohol
consumed
before such
driving or
being in
actual
physical
control
ended.
(2) Every person convicted of violating this subsection shall be
guilty of a
misdemeanor
for the
first and
second
convictions
and upon a
third or
subsequent
conviction
thereof be
guilty of a
high and
aggravated
misdemeanor
and shall be
punished and
fined as
provided in
subsection
(c) of this
Code
section,
provided
that any
term of
imprisonment
served shall
be subject
to the
provisions
of
Code Section
17-10-3.1,
and any
period of
community
service
imposed on
such person
shall be
required to
be completed
within 60
days of the
date of
sentencing.
(3) No plea
of nolo
contendere
shall be
accepted for
any person
under the
age of 21
charged with
a violation
of this Code
section.
(l) A person
who violates
this Code
section
while
transporting
in a motor
vehicle a
child under
the age of
14 years is
guilty of
the separate
offense of
endangering
a child by
driving
under the
influence of
alcohol or
drugs. The
offense of
endangering
a child by
driving
under the
influence of
alcohol or
drugs shall
not be
merged with
the offense
of driving
under the
influence of
alcohol or
drugs for
the purposes
of
prosecution
and
sentencing.
An offender
who is
convicted of
a violation
of this
subsection
shall be
punished in
accordance
with the
provisions
of
subsection
(d) of
Code Section
16-12-1,
relating to
the offense
of
contributing
to the
delinquency,
unruliness,
or
deprivation
of a child.
