20-138.1, et seq., 179
BAC Legal Limit
.08% BAC at any relevant time after the driving; commercial motor vehicle driver: .04%; under age 21: no amount of alcohol
Assessment may be required for alcoholism and substance abuse and appropriate treatment if necessary in program approved by Dept. of Human Res.
Driver’s License Suspension?
Level 5: 30 days; level 4: 60 days; level 3: 90 days
Court assesses the following levels of penalties based upon a list of grossly aggravating, aggravating and mitigating factors: level 5: 24 hrs. jail, 24 hrs. community service, and $200 fine; level 4: 48 hrs. jail, 48 hrs. community service, and $500 fine; level 3: 72 hrs. jail, 72 hrs. community service, and $1000; level 2: up to $2000 fine, 7 days-12 mos. jail; level 1: up to $4000 fine, 30 days-24 mos. jail. Level 1 and 2 reserved for grossly aggravating factors only (such as prior convictions, serious injury, driving with child under 16 yrs. old)