1. A. It is unlawful, and punishable as provided in subsection B of this section, for any person under twenty-one (21) years of age to drive, operate, or be in actual physical control of a motor vehicle within this state who:

   1. 1. Has any measurable quantity of alcohol in the person's blood or breath at the time of a test administered within two (2) hours after an arrest of the person;
   2. 2. Exhibits evidence of being under the influence of any other intoxicating substance as shown by analysis of a specimen of the person's blood, breath, saliva, or urine in accordance with the provisions of Sections 752 and 759 of this title; or
   3. 3. Exhibits evidence of the combined influence of alcohol and any other intoxicating substance.

2. B.

   1. 1. Any person under twenty-one (21) years of age who violates any provision of this section shall, upon conviction, be guilty of operating or being in actual physical control of a motor vehicle while under the influence while under age and shall be punished:

      1. a. for a first offense by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by completion of twenty (20) hours of community service, or by requiring the person to attend and complete a treatment program, or by any combination of fine, community service, or treatment, or
      2. b. upon a second or subsequent conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by completion of forty (40) hours of community service, or by requiring the person to attend and complete a treatment program, or by any combination of fine, community service, or treatment.
   2. 2. The court may assess additional community service hours in lieu of any fine specified in this section.

   3. 3. In addition to any penalty imposed pursuant to the provisions of this section, the person may be subject to:

      1. a. the cancellation or denial of driving privileges as ordered by the court pursuant to Section 47-6-107.1 of this title,
      2. b. the seizure of the driver license at the time of arrest or detention, and the administrative revocation of driving privileges by the Department of Public Safety pursuant to Section 754 of this title, and
      3. c. the mandatory revocation of driving privileges pursuant to Section 6-205.1 of this title, which revocation period may be modified as provided by law.
3. C. Nothing in this section shall be construed to prohibit the filing of charges pursuant to Section 761 or 11-902 of this title when the facts warrant.

Laws 1996, SB 1230, c. 309, § 1, eff. November 1, 1996; Amended by Laws 1999, SB 695, c. 106, § 2, emerg. eff. April 19, 1999 (superseded document available).