A person is guilty of driving while under the influence of intoxicating liquor or any drug if he or she drives a vehicle while:
A.
He or she is under the influence of or affected by intoxicating liquor or any drug; or
B.
He or she has 0.08 grams or more of alcohol per 210 liters of breath, as shown by analysis of his or her breath, blood, or other body substance; or
C.
He or she is under the combined influence of or affected by any intoxicating liquor and any drug.
Violation of this section is a Class C offense. |
The fact that any person charged with a violation of this section is lawfully using such drug shall not constitute a defense against any charge of violating this section. |
(Prior code § 3.1.4.010; GC vote 3/7/1989; GC vote 11/13/1993; Res. 1999-3; Res. 2006-63; Res. 2011-020; Res. 2016-17)