As used in this part, unless the context requires otherwise and unless a different meaning plainly is required, the following definitions apply:
(1) "Aggravated driving under the influence" means a person is in violation of 61-8-1002(1)(a), (1)(b), (1)(c), (1)(d), or (1)(f) and:
- (a) the person's alcohol concentration, as shown by analysis of the person's blood, breath, oral fluid, or other bodily substance, is 0.16 or more;
- (b) the person is under the order of a court or the department to equip any motor vehicle the person operates with an approved ignition interlock device;
- (c) the person's driver's license or privilege to drive is suspended, canceled, or revoked as a result of a prior violation of driving under the influence, including a violation of 61-8-1002(1)(a), (1)(b), (1)(c), (1)(d), or (1)(f), an offense that meets the definition of aggravated driving under the influence, or a similar offense under previous laws of this state or the laws of another state; or
- (d) the person refuses to give a breath sample as required in 61-8-1016 and the person's driver's license or privilege to drive was suspended, canceled, or revoked under the provisions of an implied consent statute.
- (2) "Alcoholic beverage" means a compound produced for human consumption as a drink that contains 0.5% or more of alcohol by volume.
- (3) "Alcohol concentration" means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath, including as used in 16-6-305, 23-2-535, 45-5-207, 67-1-211, and this title.
- (4) "Bus" means a motor vehicle with a manufacturer's rated seating capacity of 11 or more passengers, including the driver.
- (5) "Camper" has the meaning provided in 61-1-101.
- (6) "Commercial motor vehicle" has the meaning provided in 61-1-101.
- (7) "Drug" means any substance that when taken into the human body can impair a person's ability to operate a vehicle safely. The term includes the meanings provided in 50-32-101(6), (7), and (14).
- (8) "DUI court" means any court that has established a special docket for handling cases involving persons convicted under 61-8-1007 or 61-8-1008 and that implements a program of incentives and sanctions intended to assist a participant to complete treatment ordered pursuant to 61-8-1009 and to end the participant's criminal behavior associated with the use of alcohol or drugs.
- (9) "Highway" has the meaning provided in 61-1-101, including the shoulders of the highway.
- (10) "Motor home" has the meaning provided in 61-1-101.
- (11) "Motor vehicle" has the meaning provided in 61-1-101.
- (12) "Open alcoholic beverage container" means a bottle, can, jar, or other receptacle that contains any amount of an alcoholic beverage and that is open or has a broken seal or the contents of which are partially removed.
- (13) "Passenger area" means the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while the driver or a passenger is seated in the vehicle, including an unlocked glove compartment.
- (14) "Under the influence" has the meaning provided in 61-1-101.
- (15) "Vehicle" has the meaning provided in 61-1-101, except that the term does not include a bicycle.
History: En. Sec. 1, Ch. 498, L. 2021; amd. Sec. 44, Ch. 47, L. 2025; amd. Sec. 6, Ch. 264, L. 2025; amd. Sec. 2, Ch. 298, L. 2025.