There are two different classifications of drinking and driving offenses. First, it is unlawful to drive or be in control of a motor vehicle while under the influence of intoxicating liquor, drug, vapor, or any combination thereof. Second, it is unlawful to drive or be in control of a motor vehicle with a BAC (blood alcohol concentration) of .08 or more within two hours of driving. These are separate charges. A driver can be charged with one or both. Usually, if a driver submits to a chemical test, which results in an alcohol concentration of .08 or more, he/she will be charged with both offenses. If a driver refuses to submit to a chemical test and none is performed nonconsensually, he/she will only be charged with driving under the influence (assuming the officer has enough evidence to establish probable cause for the arrest). A person charged and convicted of one or both of the aforementioned is guilty of a class one misdemeanor.
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