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 penalties, including a specific section for those whose ability to operate a vehicle is impaired by alcohol consumption.

Key amendments to the law include the insertion of new definitions and prohibitions related to impaired driving, such as the addition of a new subsection that specifies the conditions under which a person is considered impaired. The bill also introduces enhanced penalties for repeat offenders and clarifies the limitations on defenses and prosecutions related to DUI offenses. Furthermore, it establishes a civil penalty structure for the new violation and outlines the effective date of the act as July 1, 2025.

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