The bill H.123, introduced by Representative Arsenault, aims to establish a new civil violation for driving while ability impaired, defined as having a blood alcohol content (BAC) between 0.06 and 0.079. Individuals found guilty of this civil violation would face a penalty of up to $500 and would have their driving privileges suspended, similar to those convicted of driving under the influence (DUI). However, this civil violation would not result in a criminal record. The bill also amends existing laws regarding operating a vehicle under the influence, adding new prohibitions and definitions related to impairment by alcohol consumption.

Key amendments include the insertion of a new prohibition against operating a vehicle when a person's ability is impaired by alcohol, as well as the establishment of an affirmative defense for individuals who did not intend to operate the vehicle. The bill also clarifies that a person cannot be convicted of more than one violation arising from the same incident and introduces enhanced penalties for repeat offenders. The act is set to take effect on July 1, 2025.

Statutes affected:
As Introduced: 23-1201, 23-1210