THE STATUTE

A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state:

• And within two hours of driving the person has a blood alcohol concentration of 0.08 or higher, as shown by an analysis of said person’s breath or blood (there are specific statutes that dictate the proper procedure to obtain these results); or
• While the person is under the influence of or affected by intoxicating liquor or any drug; or
• Under the influence of any combination of drugs and intoxicating liquor.

Even if you have been entitled to use drugs legally, e.g., a doctor’s prescription, you can still be charged with driving under the influence. This is not a recognizable defense to a driving under the influence charge as stated above.

Violation of this statute constitutes a gross misdemeanor.

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