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§47-6-106.4.


§47-6-106.4.
   
   A. It is unlawful, and punishable as provided in subsection B of this
   section, for any person under twenty-one (21) years of age to drive,
   operate, or be in actual physical control of a motor vehicle within
   this state who:
   
   1. Has any measurable quantity of alcohol in the person's blood or
   breath at the time of a test administered within two (2) hours after
   an arrest of the person;
   
   2. Exhibits evidence of being under the influence of any other
   intoxicating substance as shown by analysis of a specimen of the
   person's blood, breath, saliva, or urine in accordance with the
   provisions of Sections 752 and 759 of this title; or
   
   3. Exhibits evidence of the combined influence of alcohol and any
   other intoxicating substance.
   
   B. 1. Any person under twenty-one (21) years of age who violates any
   provision of this section shall, upon conviction, be guilty of
   operating or being in actual physical control of a motor vehicle while
   under the influence while under age and shall be punished:
   
   a. for a first offense by a fine of not less than One Hundred Dollars
   ($100.00) nor more than Five Hundred Dollars ($500.00), or by
   completion of twenty (20) hours of community service, or by requiring
   the person to attend and complete a treatment program, or by any
   combination of fine, community service, or treatment, or
   
    b. upon a second or subsequent conviction, shall be punished by a
       fine of not less than One Hundred Dollars ($100.00) nor more than
       One Thousand Dollars ($1,000.00), or by completion of forty (40)
       hours of community service, or by requiring the person to attend
       and complete a treatment program, or by any combination of fine,
       community service, or treatment.
       
   2. The court may assess additional community service hours in lieu of
   any fine specified in this section.
   
   3. In addition to any penalty imposed pursuant to the provisions of
   this section, the person may be subject to:
   
   a. the cancellation or denial of driving privileges as ordered by the
   court pursuant to Section 6-107.1 of this title,
   
   b. the seizure of the driver license at the time of arrest or
   detention, and the administrative revocation of driving privileges by
   the Department of Public Safety pursuant to Section 754 of this title,
   and
   
   c. the mandatory revocation of driving privileges pursuant to Section
   6-205.1 of this title, which revocation period may be modified as
   provided by law.
   
   C. Nothing in this section shall be construed to prohibit the filing
   of charges pursuant to Section 761 or 11-902 of this title when the
   facts warrant.
   

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