32-23-21 Driver under age of twenty-one operating vehicle after alcohol or drug consumption--Misdem...
Driver under age of twenty-one operating vehicle after alcohol or drug
consumption--Misdemeanor--Suspension of license--Restricted driving privilege.
It is a Class 2
misdemeanor for any person under the age of twenty-one years to drive, operate, or be in actual
physical control of any vehicle:
If there is physical evidence of 0.02 percent or more by weight of alcohol in the person's
blood as shown by chemical analysis of the person's breath, blood, or other bodily
After having consumed marijuana or any controlled drug or substance for as long as
physical evidence of the consumption remains present in the person's body.
If a person is found guilty of or adjudicated for a violation of this section, the Unified Judicial
System shall notify the Department of Public Safety. Upon conviction or adjudication, the court shall
suspend that person's driver's license or operating privilege for a period of thirty days for a first
offense, one hundred eighty days for a second offense, or one year for any third or subsequent
offense. However, the court may, upon proof of financial responsibility pursuant to § 32-35.43.1,
issue an order permitting the person to operate a vehicle for purposes of the person's employment,
attendance at school, or attendance at counseling programs.
Source: SL 1998, ch 198, § 1; SL 1999, ch 165, § 1; SL 2003, ch 272, § 23; SL 2004, ch 218, § 1;
SL 2006, ch 165, § 4.