Tribe: Poarch Band of Creek Indians
Sec. 8-8-1 Driving Under the Influence of Alcohol or Drugs
(a) A person commits the offense of driving while under the influence of alcohol or drugs if that person drives or operates or is in actual physical control of a motor vehicle and meets one of the following:
(1) There is a 0.08 percent or more by weight of alcohol in his/her blood;
(2) Is under the influence of alcohol;
(3) Is under the influence of a controlled substance to a degree which renders him/her incapable of safety driving;
(4) Is under the combined influence of alcohol and drugs to a degree which renders him/her incapable of safely driving; and
(5) Is under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him/her incapable of safely driving.
(b) Upon a first conviction, a person violating this Section shall be punished by imprisonment for not more than one (1) year, or by fine of not less than seven hundred dollars ($700.00) nor more than one thousand dollars ($1,000.00) or by such fine and imprisonment. In addition, the person’s driving privileges shall be suspended for a period of ninety (90) days.
(c) Upon a second conviction within a five (5) year period, the person convicted shall be punished by imprisonment for not more than one (1) year, or by fine of not less than one thousand dollars ($1,000.00) nor more than one thousand five hundred dollars ($1,500.00). The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment for not less than forty-eight (48) consecutive hours or community services for not less than twenty (20) days. In addition the person’s driving privileges shall be suspended for one (1) year.
(d) Upon a third conviction within a five (5) year period, the person convicted shall be punished by imprisonment for not more than one (1) year and a fine not less than one thousand five hundred dollars ($1,500.00) nor more than two thousand five hundred dollars ($2,500.00). The sentence shall include a mandatory sentence of sixty (60) days of imprisonment, which shall not be subject to suspension or probation. In addition, the person’s driving privileges shall be suspended for three (3) years.
(e) Upon a fourth or subsequent conviction, the person shall be punished by imprisonment of not more than one (1) year and a fine of not less than two thousand five hundred dollars ($2,500.00) nor more than five thousand dollars ($5,000.00). The sentence shall include a mandatory sentence of one hundred eighty (180) days of imprisonment, which is not subject to suspension or probation. In addition the person’s driving privileges shall be suspended for five (5) years.
(f) Upon any conviction of this Section, the person shall be required to complete a DUI Court referral program and/or the Poarch Creek Indian Drug Court Program.
(g) Reckless Driving or any other traffic offense is a lesser included offense under a charge of driving under the influence of alcohol or drugs.
(h) Driving Under the Influence of Alcohol or Drugs is a Class A Misdemeanor.