Sections 8.6-11, 8.6-12, 8.6-23, 8.6-28 and 8.6-55 of this chapter do not apply to a law enforcement officer while in the performance of his or her official duties as a law enforcement officer; provided, however, that this section shall not apply if the law enforcement officer is found to have been under the influence of alcohol or a controlled substance while performing his or her official duties.