§ 5-65-204. Validity — Approved methods
(a) (1) As used in this chapter, § 5-10-105, § 5-75-101 et seq., and § 5-76-101 et seq. [repealed], “alcohol concentration” means either: (A) Grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood; or (B) Grams of alcohol per two hundred ten liters (210 l) of […]
§ 5-65-109. Presentencing report
(a) The court shall immediately request and the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or its designee shall provide a presentence screening and assessment report of the defendant who pleads guilty or nolo contendere or is found guilty of violating § 5-65-103 or § 5-65-303. (b) (1) […]
§ 5-65-205. Refusal to submit to a chemical test
(a) (1) If a person under arrest refuses upon the request of a law enforcement officer to submit to a chemical test designated by the law enforcement agency as provided in § 5-65-202: (A) A chemical test shall not be given; (B) The person’s motor vehicle operator’s license, permit, or other evidence of driving privilege […]
§ 5-65-110. Record of violations and court actions — Abstract
(a) A court shall: (1) Keep or cause to be kept a record of any violation of this chapter presented to that court; and (2) Keep a record of any official action by that court in reference to the violation including without limitation: (A) A record of every finding of guilt; (B) A record of […]
§ 5-65-206. Evidence in prosecution — Presumptions
(a) (1) It is presumed at the trial of a person who is charged with a violation of § 5-65-103 that the person was not intoxicated if the alcohol concentration of the person’s blood, urine, breath, or other bodily substance is four hundredths (0.04) or less by weight as shown by chemical analysis at the […]
§ 5-65-111. Sentencing — Periods of incarceration — Exception
(a) (1) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103, for a first offense, is upon conviction guilty of an unclassified misdemeanor and may be imprisoned for not less than: (A) Twenty-four (24) hours but no more than one (1) year; or (B) Seven (7) days […]
§ 5-65-207. Alcohol testing devices
(a) (1) An instrument used to determine the alcohol content of the breath for the purpose of determining if the person was operating a motorboat on the waters of this state or a motor vehicle while intoxicated or with an alcohol concentration of eight hundredths (0.08) or more shall be constructed so that the analysis: […]
§ 5-65-112. Fines
A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 shall be fined: (1) No less than one hundred fifty dollars ($150) and no more than one thousand dollars ($1,000) for the first offense; (2) No less than four hundred dollars ($400) and no more than three thousand […]
§ 5-65-114. Inability to pay — Alternative public service work
If a court finds that a person against whom fines, fees, or court costs are levied for violating this chapter is financially unable to pay the fines, fees, or costs, the court shall order the person to perform public service work as the court determines is appropriate.
§ 5-65-115. Alcohol treatment or education program — Fee
(a) (1) A person whose driving privileges are suspended or revoked for violating § 5-65-103, § 5-65-303, § 5-65-310, or § 3-3-203 is required to complete an alcohol education program provided by a contractor with the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or an alcoholism treatment program […]