[§291-4.3] Driving after consuming a measurable amount of alcohol; persons under the age of twenty-one. (a) It shall be unlawful for any person under the age of twenty-one years to drive, operate, or assume actual physical control of the operation of any vehicle with a measurable amount of alcohol concentration. A law enforcement officer may arrest a person under this section when the officer has probable cause to believe the arrested person is under the age of twenty-one and had been driving or was in actual physical control of a motor vehicle or moped upon the public highways with a measurable amount of alcohol. For purposes of this section, "measurable amount of alcohol" means a test result equal to or greater than .02 but less than .08 grams of alcohol per one hundred milliliters or cubic centimeters of blood or equal to or greater than .02 but less than .08 grams of alcohol per two hundred ten liters of breath.
(b) A person who violates this section shall be sentenced as follows:
(1) For a first violation or any violation not preceded within a five-year period by a prior alcohol enforcement contact:
(A) The court shall impose:
(i) A requirement that the person and, if the person is under the age of eighteen, the person's parent or guardian attend an alcohol abuse education and counseling program for not more than ten hours; and
(ii) One hundred eighty-day prompt suspension of license with absolute prohibition from operating a motor vehicle during suspension of license, or in the case of a person eighteen years of age or older, the court may impose, in lieu of the one hundred eighty-day prompt suspension of license, a minimum thirty-day prompt suspension of license with absolute prohibition from operating a motor vehicle and, for the remainder of the one hundred eighty-day period, a restriction on the license that allows the person to drive for limited work-related purposes and to participate in alcohol abuse education and treatment programs; and
(B) In addition, the court may impose any one or more of the following:
(i) Not more than thirty-six hours of community service work; or
(ii) A fine of not less than $150 but not more than $500.
(2) For a violation that occurs within five years of a prior alcohol enforcement contact:
(A) The court shall impose prompt suspension of license for a period of one year with the absolute prohibition from operating a motor vehicle during suspension of license; and
(B) In addition, the court may impose any of the following:
(i) Not more than fifty hours of community service work; or
(ii) A fine of not less than $300 but not more than $1,000.
(3) For a violation that occurs within five years of two prior alcohol enforcement contacts:
(A) The court shall impose revocation of license for a period of two years; and
(B) In addition, the court may impose any of the following:
(i) Not more than one hundred hours of community service work; or
(ii) A fine of not less than $300 but not more than $1,000.
(4) Notwithstanding any other law to the contrary, any conviction or plea under this section shall be considered a prior alcohol enforcement contact.
(c) Whenever a court sentences a person pursuant to subsection (b)(2) or (3), it also shall require that the person be referred to a substance abuse counselor who has been certified pursuant to section 321-193 for an assessment of the person's alcohol abuse or dependence and the need for appropriate treatment. The counselor shall submit a report with recommendations to the court. The court shall require the person to obtain appropriate treatment if the counselor's assessment establishes the person's alcohol abuse or dependence. All costs for assessment or treatment or both shall be borne by the person or by the person's parent or guardian, if the person is under the age of eighteen.
(d) Notwithstanding section 831-3.2 or any other law to the contrary, a person convicted of a first-time violation under subsection (b)(1), who had no prior alcohol enforcement contacts, may apply to the court for an expungement order upon attaining the age of twenty-one, or thereafter, if the person has fulfilled the terms of the sentence imposed by the court and has had no subsequent alcohol or drug-related enforcement contacts.
(e) Notwithstanding any other law to the contrary, whenever a court revokes a person's driver's license pursuant to this section, the examiner of drivers shall not grant to the person an application for a new driver's license for a period to be determined by the court.
(f) Any person sentenced under this section may be ordered to reimburse the county for the cost of any blood tests conducted pursuant to section 286-152. The court shall order the person to make restitution in a lump sum, or in a series of prorated installments, to the police department or other agency incurring the expense of the blood test.
(g) The requirement to provide proof of financial responsibility pursuant to section 287-20 shall not be based upon a sentence imposed under subsection (b)(1).
(h) Any person who violates this section shall be guilty of a violation.
(i) As used in this section, the terms "driver", "driver's license", and "examiner of drivers", shall have the same meanings as provided in section 286-2, the term "alcohol enforcement contact" shall have the same meaning as in section 286-251, and the term "vehicle" shall have the same meaning as provided in section 291C-1. [L 1997, c 102, §2]