§ 55-10-415. Underage Driving While Impaired — Penalties
A person under twenty-one (21) years of age shall not drive or be in physical control of an automobile or other motor-driven vehicle while:
Under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof that impairs the driver’s ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and self-control that the driver would otherwise possess; or
The alcohol concentration in the person’s blood or breath is two-hundredths of one percent (0.02%) or more.
The fact that a person who drives while under the influence of narcotic drugs or barbital drugs is or has been lawfully entitled to use the drugs does not constitute a defense to a violation of this section.
This section establishes the offense of underage driving while impaired for a person under twenty-one (21) years of age. The offense of underage driving while impaired is a lesser included offense of driving while intoxicated.
The offense of underage driving while impaired by a person eighteen (18) years of age or older but under twenty-one (21) years of age is a Class A misdemeanor punishable by:
Driver license suspension of one (1) year;
A fine of two hundred fifty dollars ($250); and
Public service work, in the discretion of the court.
The act of underage driving while impaired by a person under eighteen (18) years of age is a delinquent act punishable by:
Driver license suspension of one (1) year;
A fine of two hundred fifty dollars ($250); and
Public service work, in the discretion of the court.
