A.
A person commits an offense if that person operates a motor vehicle
while under the influence of alcohol or other controlled substance.
B.
It shall be conclusive evidence that a person commits the offense of driving while under the influence of intoxicating liquor if the person has an alcohol content at or above the level set out in § 8.6-43 of this chapter.
C.
A person who violates this section is guilty of a crime as follows:
(1)
For a first offense, a Class B misdemeanor.
(2)
For a second offense following a prior conviction under this section,
a Class A misdemeanor.
(3)
For a third offense following two prior convictions under this section
or for a conviction under this section which involves serious injury
to a third party, a felony.
D.
If the prosecutor intends to seek an enhanced sentence based upon
the defendant having one or more prior convictions, the prosecutor
shall include on the complaint and information a statement listing
the prior tribal conviction or convictions. The existence of the defendant's
prior conviction(s) shall be determined by the Court, without a jury,
at sentencing or at a separate hearing for that purpose before sentencing.
The existence of a prior conviction may be established by any evidence
relevant for that purpose, including, but not limited to, one or more
of the following:
A.
A person commits the offense of unlawful use or tampering with a
motor vehicle if he or she uses or tampers with the motor vehicle
of another person with the intent to injure the same or cause inconvenience
to such person, or takes and operates the motor vehicle of another
without the consent of the owner or person lawfully in charge of the
vehicle.
B.
Unlawful use or tampering with a motor vehicle is a Class B misdemeanor.
