§ 5-65-101. Title
This chapter shall be known as the “Omnibus DWI or BWI Act”.
§ 5-65-102. Definitions
As used in this chapter: (1) (A) “Controlled substance” means a drug, substance, or immediate precursor in Schedules I through VI. (B) The fact that any person charged with a violation of this chapter is or has been entitled to use that drug or controlled substance under the laws of this state does not constitute […]
§ 5-65-103. Driving or boating while intoxicated
(a) (1) It is unlawful and punishable as provided in this chapter for a person who is intoxicated to operate or be in actual physical control of a motorboat on the waters of this state or a motor vehicle. (2) It is unlawful and punishable as provided in this chapter for a person to operate […]
§ 5-65-104. Seizure, suspension, and revocation of license — Temporary permits — Ignition interlock restricted license
(a) (1) At the time of arrest for operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more in the person’s breath or blood, as provided in § 5-65-103, the […]
§ 5-65-105. Operation of motor vehicle during period of license suspension or revocation
A person whose driving privilege has been suspended or revoked under this subchapter who operates a motor vehicle in this state during the period of the suspension or revocation upon conviction is guilty of an unclassified misdemeanor and: (1) Shall be imprisoned for not less than ten (10) days or more than ninety (90) days; […]
§ 5-65-106. Impoundment of license plate
(a) When a law enforcement officer arrests a person for operating a motor vehicle while that person’s driving privilege has been suspended or revoked under the laws of any state due to the person’s having previously been found guilty or having pleaded guilty or nolo contendere to violating § 5-65-103 and if the motor vehicle […]
§ 5-65-107. Persons arrested to be tried on charges — No charges reduced — Filing citations
(a) A person arrested for violating § 5-65-103 shall be tried on the charge of violating § 5-65-103 or plead to the charge of violating § 5-65-103, and the charge of violating § 5-65-103 shall not be reduced or dismissed. (b) Furthermore, when a law enforcement officer issues a citation for violating § 5-65-103, the […]
§ 5-65-108. No probation prior to adjudication of guilt
(a) A circuit court judge or district court judge may not utilize the first-time offender probation provisions under § 16-93-301 et seq. when the defendant is charged with violating § 5-65-103. (b) Notwithstanding the provisions of § 5-4-301, § 5-4-322, or subsection (a) of this section, a circuit court judge or district court judge may: […]
§ 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) […]
§ 5-65-110. 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 […]
§ 5-65-111. 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 […]
§ 5-65-112. 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 […]
§ 5-65-117. Seizure and sale of a motor vehicle or motorboat
(a) (1) (A) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a fourth or subsequent offense occurring within five (5) years of the first offense may have his or her motor vehicle or motorboat seized at the discretion of the court. (B) A motor vehicle […]
§ 5-65-118. Additional penalties — Ignition interlock devices
(a) (1) (A) (i) Except as provided under subsection (g) of this section, the Office of Driver Services shall place a restriction on a person who has violated § 5-65-103 for a first or second offense that requires the person’s motor vehicle to be equipped with a functioning ignition interlock device in addition to any […]
§ 5-65-119. Distribution of fee
(a) (1) The Office of Driver Services shall charge a fee to be calculated under subsection (b) of this section for reinstating a driving privilege suspended or revoked because of an arrest for violating § 5-65-103 or § 5-65-205. (2) The fee under subdivision (a)(1) of this section shall be distributed as follows: (A) Seven […]
§ 5-65-120. Restricted driving permit
(a) The Office of Driver Services may modify the administrative denial or suspension of a driver’s license under § 5-65-402 after a hearing or upon the request of a person whose driving privilege has been denied or suspended by issuing a restricted driving permit if: (1) The denial or suspension results in a case of […]
§ 5-65-121. Victim impact panel attendance — Fee
(a) (1) A person whose driving privileges are suspended or revoked for violating § 5-65-103, § 5-65-205, § 5-65-303, § 5-65-310, or § 3-3-203 shall attend a victim impact panel sponsored by an organization approved by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (2) The organization selected […]
§ 5-65-123. Offenses involving a motor vehicle equipped with an ignition interlock device
(a) A person commits the offense of unlawfully allowing another person to start or attempt to start a motor vehicle equipped with an ignition interlock device if he or she: (1) Has had his or her driving privileges restricted under § 5-65-118 and cannot operate or be in actual physical control of a motor vehicle […]