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. Under this new provision, 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, expanding the definitions and prohibitions related to alcohol consumption and impairment.

Key amendments include the insertion of new language that prohibits operating a vehicle when a person's ability is impaired by alcohol consumption, as well as the introduction of civil penalties for specific BAC levels. The bill also clarifies that individuals cannot be convicted of more than one violation arising from the same incident and establishes an affirmative defense for those who did not intend to operate the vehicle. Additionally, the bill outlines various penalties for first, second, third, and subsequent offenses, including fines and imprisonment terms, and specifies that the act will take effect on July 1, 2025.

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