§ 11:141. Underage driving under the influence.

(a)

The crime of underage operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when the operator's blood alcohol concentration is 0.02 percent or more by weight if the operator is under the age of twenty-one based on grams of alcohol per one hundred cubic centimeters of blood.

(b)

Any underage person whose blood alcohol concentration is found to be in violation of section 11:140 shall be charged under its provisions rather than under this section.

(c)

On a first conviction, the offender shall be fined not less than one hundred nor more than two hundred fifty dollars ($250.00), and participate in a court-approved substance abuse and driver improvement program.

(d)

On a second or subsequent conviction, regardless of whether the second offense occurred before or after the first conviction, the offender shall be fined not less than one hundred fifty dollars ($150.00) nor more than five hundred dollars ($500.00), and imprisoned for not less than ten (10) days nor more than three (3) months. Imposition or execution of sentence shall not be suspended unless:

(1)

The offender is placed on probation with a minimum condition that he serve forty-eight (48) hours in jail and participate in a court-approved substance abuse and driver improvement program; or

(2)

The offender is placed on probation with a minimum condition that he perform ten (10) eight-hour days of court-approved community service activities, at least half of which shall consist of participation in a litter abatement or collection program and participate in a court-approved substance and driver improvement program.

(e)

Court programs regarding substance abuse provided for in subsections C. and D. shall include a screening procedure to determine the portions of the program which may be applicable and appropriate for individual offenders.

(f)

An offender ordered to participate in a substance abuse program shall pay the cost incurred in participating in the program. Failure to make such payment shall subject the offender to revocation of probation, unless the court determines that the offender is unable to pay.

(Ord. No. 11648, § 1, 1-26-00)