Underage Drinking and Driving (“UDD” or “Baby DUI”)

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  1. Introduction
  2. “Vehicle” and “Motor Vehicle”
  3. “Drive”
  4. “Drugs”
  5. “Legal Limit”
  6. Open Container
  7. Driving Under the Influence (DUI)
  8. Driving Under the Influence Per Se (“DUI Per Se”)
  9. Driving While Ability Impaired (DWAI)
  10. Second and Subsequent Offenses
  11. Underage Drinking and Driving (“UDD” or “Baby DUI”)
  12. Strict Liability
  13. Juveniles and Minors
  14. Evidence of Impairment
  15. Standardized Field Sobriety Tests (SFSTs)
  16. Drug Recognition Experts (DREs)
  17. Expressed Consent
  18. Breath Tests
  19. Blood Tests
  20. Prima Facie Case Requirement
  21. Preparing for Trial
  22. Voir Dire
  23. Expert Testimony
  24. Proving Chain of Custody
  25. Double-Refusals

A person under the age of 21 commits the crime of Underage Drinking and Driving, a class A traffic infraction, when the person:

      1. drives,
      2. a motor vehicle or vehicle,
      3. when the person’s BAC, as shown by analysis of the person’s breath, is at least 0.02 but not more than 0.05 at the time of driving or within two hours after driving.

§ 42-4-1301(2)(d)(I).

Prior Offenses

A second or subsequent violation of this offense is a class 2 traffic misdemeanor. There are no other enhanced penalties for second or subsequent UDD offenses. § 42-4-1301(2)(d)(II).

UDD does not qualify as a prior for purposes of DUI, DUI Per Se, or DWAI second or subsequent sentencing.

Sentencing

In addition to any sentencing permitted for a class A traffic infraction, a court may sentence a person under 21 to:

      • Up to 24 hours of useful public service
      • Complete an alcohol or drug evaluation or assessment
      • Complete an alcohol education program
      • Complete an alcohol treatment program

§ 42-4-1301(2)(d)(I).

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