§ 1216 - Persons under 21; alcohol concentration of 0.02 or more
§ 1216. Persons under 21; alcohol concentration of 0.02 or more
(a) A person under the age of 21 who operates, attempts to operate or is in actual physical control of a vehicle on a highway when the person's alcohol concentration is 0.02 or more, commits a civil traffic violation subject to the jurisdiction of the judicial bureau and subject to the following sanctions:
(1) For a first violation, the person's license or privilege to operate shall be suspended for six months and until the person complies with section 1209a of this title.
(2) For a second or subsequent violation, the person's license or privilege to operate shall be suspended until the person reaches the age of 21 or for one year, whichever is longer, and complies with section 1209a of this title.
(b) Notwithstanding the provisions in subsection (a) of this section to the contrary, a person's license that has been suspended under this section shall not be reinstated until the commissioner has received satisfactory evidence that the provider of the therapy program has been paid in full.
(c) A person who violates this section may also be subject to recall of his or her provisional license under section 607a of this title.
(d) If a law enforcement officer has reasonable grounds to believe that a person is violating this section, the officer may request the person to submit to a breath test using a preliminary screening device approved by the commissioner of health. A refusal to submit to the breath test shall be considered a violation of this section. Notwithstanding any provisions to the contrary in sections 1202 and 1203 of this title:
(1) the results of the test shall be admissible evidence in a proceeding under this section; and
(2) there shall be no statutory right to counsel prior to the administration of the test.
(e) In a proceeding under this section, if there was at any time within two hours of operating, attempting to operate or being in actual physical control of a vehicle on a highway an alcohol concentration of 0.02 or more, it shall be a rebuttable presumption that the person's alcohol concentration was 0.02 or more at the time of operating, attempting to operate or being in actual physical control.
(f) No fine and no points shall be assessed for a violation of this section.
(g) The alcohol and driving program required under this section shall be administered by the office of alcohol and drug abuse programs and shall take into consideration any particular treatment needs of operators under the age of 21.
(h) A charge of violating this section shall not bar prosecution for any crime, including a prosecution under section 1201 of this title. (Added 1991, No. 55, § 17; amended 1997, No. 57, § 1, eff. Sept. 1, 1997; 1997, No. 121 (Adj. Sess.), §§ 9, 27.)