Penalties
A fine of up to $500.00 and up to 2 months in jail.
While transporting a minor: 1st offense - a fine of up to $1,000.00 and up to 6 months in jail;
2nd offense and subsequent offenses- a fine of up to $2,000.00 and up to 1 year in jail.
Tests (CJ10-303)
A specimen of breath or one specimen of blood may be taken for the purpose of determining alcohol concentration. Breath or blood tests must be conducted within 2 hours after the accused is apprehended and blood must be taken within four hours for drug testing. The officer arresting the individual may not administer the test of breath. The person tested is permitted to have a physician of the person's own choosing administer tests in addition to the tests administered by the police officer.
Alcohol Levels:(CJ10-307)
.05 or less- No intoxication presumed.
>.05 - <.07 - No presumption, but may be used with other evidence to establish intoxication.
>.07-.<.10 - Prima facie evidence of impairment and driving under the influence.
.10 and greater- Per Se evidence of intoxication.
Preliminary Breath Test (TR16-205.2)
A police officer may request that an individual take a roadside breath test. This test may not be used by either party in a court action whether civil or criminal. This test is not required and does not relieve the individual of his obligation to take the test required by law.
Refusal to submit to tests (CJ10-309)
A person may not be compelled to submit to a blood or breath test, although failing to test may result in license suspension. The fact that a person failed to submit to a test is admissible in evidence at trial but no inference or presumption concerning guilt or innocence can be drawn from the failure to test.
