§291E-64  Operating a vehicle afterconsuming 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 tooperate any vehicle with a measurable amount of alcohol.  A law enforcementofficer may arrest a person under this section when the officer has probablecause to believe the arrested person is under the age of twenty-one and hadbeen operating a vehicle upon a public way, street, road, or highway or on orin the waters of the State with a measurable amount of alcohol.

(b)  A person who violates this section shallbe sentenced as follows:

(1)  For a first violation or any violation notpreceded within a five-year period by a prior alcohol enforcement contact:

(A)  The court shall impose:

(i)  A requirement that the person and, if theperson is under the age of eighteen, the person's parent or guardian attend analcohol abuse education and counseling program for not more than ten hours; and

(ii)  A one hundred eighty-day prompt suspensionof license and privilege to operate a vehicle with absolute prohibition fromoperating a vehicle during the suspension period, or in the case of a personeighteen years of age or older, the court may impose, in lieu of the one hundredeighty-day prompt suspension of license, a minimum thirty-day prompt suspensionof license with absolute prohibition from operating a vehicle and, for theremainder of the one hundred eighty-day period, a restriction on the licensethat allows the person to drive for limited work-related purposes and toparticipate in alcohol abuse education and treatment programs; and

(B)  In addition, the court may impose any oneor more of the following:

(i)  Not more than thirty-six hours of communityservice work; or

(ii)  A fine of not less than $150 but not morethan $500;

(2)  For a violation that occurs within five years ofa prior alcohol enforcement contact:

(A)  The court shall impose prompt suspensionof license and privilege to operate a vehicle for a period of one year withabsolute prohibition from operating a vehicle during the suspension period; and

(B)  In addition, the court may impose any ofthe following:

(i)  Not more than fifty hours of communityservice work; or

(ii)  A fine of not less than $300 but not morethan $1,000; and

(3)  For a violation that occurs within five years oftwo prior alcohol enforcement contacts:

(A)  The court shall impose revocation oflicense and privilege to operate a vehicle for a period of two years; and

(B)  In addition, the court may impose any ofthe following:

(i)  Not more than one hundred hours ofcommunity service work; or

(ii)  A fine of not less than $300 but not morethan $1,000.

(c)  Notwithstanding any other law to thecontrary, any conviction or plea under this section shall be considered a prioralcohol enforcement contact.

(d)  Whenever a court sentences a personpursuant to subsection (b)(2) or (3), it also shall require that the person bereferred to the driver's education program for an assessment, by a certifiedsubstance abuse counselor, of the person's alcohol abuse or dependence and theneed for appropriate treatment.  The counselor shall submit a report withrecommendations to the court.  The court shall require the person to obtainappropriate treatment if the counselor's assessment establishes the person'salcohol abuse or dependence.  All costs for assessment and treatment shall beborne by the person or by the person's parent or guardian, if the person isunder the age of eighteen.

(e)  Notwithstanding section 831‑3.2 orany other law to the contrary, a person convicted of a first-time violationunder subsection (b)(1), who had no prior alcohol enforcement contacts, mayapply to the court for an expungement order upon attaining the age oftwenty-one, or thereafter, if the person has fulfilled the terms of thesentence imposed by the court and has had no subsequent alcohol or drug relatedenforcement contacts.

(f)  Notwithstanding any other law to thecontrary, whenever a court revokes a person's driver's license pursuant to thissection, the examiner of drivers shall not grant to the person an applicationfor a new driver's license for a period to be determined by the court.

(g)  Any person sentenced under this sectionmay be ordered to reimburse the county for the cost of any blood testsconducted pursuant to section 291E-11.  The court shall order the person tomake restitution in a lump sum, or in a series of prorated installments, to thepolice department or other agency incurring the expense of the blood test.

(h)  The requirement to provide proof offinancial responsibility pursuant to section 287-20 shall not be based upon asentence imposed under subsection (b)(1).

(i)  Any person who violates this section shallbe guilty of a violation.

(j)  As used in this section, the terms"driver's license" and "examiner of drivers" have the samemeanings as provided in section 286-2. [L 2000, c 189, pt of §23; am L 2001, c157, §28; am L 2006, c 201, §8; am L 2007, c 198, §5]