Motor Vehicle Law Study Material + Questions
with Correct Answers
(40-6-391) Drivers with ability impaired by alcohol, drugs, or toxic vapor (DUI)
A person shall not drive or be in actual physical control of any moving vehicle while:Under the
influence of alcohol to the extent that it is less safe for the person to drive;Under the influence of
any drug to the extent that it is less safe for the person to drive;Under the intentional influence of
any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to
drive;Under the combined influence of any two or more of the substances specified in paragraphs
(1) through (3) of this subsection to the extent that it is less safe for the person to drive;The
person's alcohol concentration is 0.08 grams or more at any time within three hours after such
driving or being in actual physical control from alcohol consumed before such driving or being
in actual physical control ended; orSubject to the provisions of subsection (b) of this Code
section, there is any amount of marijuana or a controlled substance, as defined in Code Section
16-13-21, present in the person's blood or urine, or both, including the metabolites and
derivatives of each or both without regard to whether or not any alcohol is present in the person's
breath or blood.
The fact that any person charged with violating this Code section is or has been legally entitled
to use a drug shall not constitute a defense against any charge of violating this Code section;
provided, however, that such person shall not be in violation of this Code section unless such
person is rendered incapable of driving safely as a result of using a drug other than alcohol which
such person is legally entitled to use.
Every person convicted of violating this Code section shall, upon a first or second conviction
thereof, be guilty of a misdemeanor, upon a third conviction thereof, be guilty of a high and
,aggravated misdemeanor, and upon a fourth or subsequent conviction thereof, be guilty of a
felony except as otherwise provided in paragraph (4) of this subsection and shall be punished as
follows:First conviction with no conviction of and no plea of nolo contendere accepted to a
charge of violating this Code section within the previous ten years, as measured from the dates of
previous arrests for which convictions were obtained or pleas of nolo contendere were accepted
to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is
accepted:A fine of not less than $300.00 and not more than $1,000.00, which fine shall not,
except as provided in subsection (g) of this Code section, be subject to suspension, stay, or
probation;A period of imprisonment of not fewer than ten days nor more than 12 months, which
period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or
probated, except that if the offender's alcohol concentration at the time of the offense was 0.08
grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of
imprisonment imposed under this subparagraph;Not fewer than 40 hours of community service,
except that for a conviction for violation of subsection (k) of this Code section where the
person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of
community service shall be not fewer than 20 hours;Completion of a DUI Alcohol or Drug Use
Risk Reduction Program within 120 days following his or her conviction; provided, however,
that if the defendant is incarcerated and such program cannot be completed within 120 days, it
shall be completed within 90 days of his or her release from custody. The sponsor of any such
program shall provide written notice of the Department of Driver Services' certification of the
program to the person upon enrollment in the program;A clinical evaluation as defined in Code
Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance
abuse treatment program as defined in Code Section 40-5-1; provided, however, that in the
,court's discretion such evaluation may be waived; andIf the person is sentenced to a period of
imprisonment for fewer than 12 months, a period of probation of 12 months less any days during
which the person is actually incarcerated;For the second conviction within a ten-year period of
time, as measured from the dates of previous arrests for which convictions were obtained or
pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is
obtained or a plea of nolo contendere is accepted:A fine of not less than $600.00 and not more
than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be
subject to suspension, stay, or probation;A period of imprisonment of not fewer than 90 days and
not more than 12 months. The judge shall probate at least a portion of such term of
imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the
offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and
conditions as the judge may impose; provided, however, that the offender shall be required to
serve not fewer than 72 hours of actual incarceration;Not fewer than 30 days of community
service;Completion of a DUI Alcohol or Drug Use Risk Reduction Program within 120 days
following his or her conviction; provided, however, that if the defendant is incarcerated and such
program cannot be completed within 120 days, it shall be completed within 90 days of his or her
release from custody. The sponsor of any such program shall provide written notice of the
Department of Driver Services' certification of the program to the person upon enrollment in the
program;A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part
of such evaluation, completion of a substance abuse treatment program as defined in Code
Section 40-5-1; andA period of probation of 12 months less any days during which the person is
actually incarcerated;For the third conviction within a ten-year period of time, as measured from
the dates of previous arrests for which convictions were obtained or pleas of nolo contendere
, were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo
contendere is accepted:A fine of not less than $1,000.00 and not more than $5,000.00, which fine
shall not, except as provided in subsection (g) of this Code section, be subject to suspension,
stay, or probation;A mandatory period of imprisonment of not fewer than 120 days and not more
than 12 months. The judge shall probate at least a portion of such term of imprisonment, in
accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the
provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the
judge may impose; provided, however, that the offender shall be required to serve not fewer than
15 days of actual incarceration;Not fewer than 30 days of community service;Completion of a
DUI Alcohol or Drug Use Risk Reduction Program within 120 days following his or her
conviction; provided, however, that if the defendant is incarcerated and such program cannot be
completed within 120 days, it shall be completed within 90 days of his or her release from
custody. The sponsor of any such program shall provide written notice of the Department of
Driver Services' certification of the program to the person upon enrollment in the program;A
clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such
evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-
1; andA period of probation of 12 months less any days during which the person is actually
incarcerated;For the fourth or subsequent conviction within a ten-year period of time, as
measured from the dates of previous arrests for which convictions were obtained or pleas of nolo
contendere were accepted to the date of the current arrest for which a conviction is obtained or a
plea of nolo contendere is accepted:A fine of not less than $1,000.00 and not more than
$5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be
subject to suspension, stay, or probation;A period of imprisonment of not less than one year and
with Correct Answers
(40-6-391) Drivers with ability impaired by alcohol, drugs, or toxic vapor (DUI)
A person shall not drive or be in actual physical control of any moving vehicle while:Under the
influence of alcohol to the extent that it is less safe for the person to drive;Under the influence of
any drug to the extent that it is less safe for the person to drive;Under the intentional influence of
any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to
drive;Under the combined influence of any two or more of the substances specified in paragraphs
(1) through (3) of this subsection to the extent that it is less safe for the person to drive;The
person's alcohol concentration is 0.08 grams or more at any time within three hours after such
driving or being in actual physical control from alcohol consumed before such driving or being
in actual physical control ended; orSubject to the provisions of subsection (b) of this Code
section, there is any amount of marijuana or a controlled substance, as defined in Code Section
16-13-21, present in the person's blood or urine, or both, including the metabolites and
derivatives of each or both without regard to whether or not any alcohol is present in the person's
breath or blood.
The fact that any person charged with violating this Code section is or has been legally entitled
to use a drug shall not constitute a defense against any charge of violating this Code section;
provided, however, that such person shall not be in violation of this Code section unless such
person is rendered incapable of driving safely as a result of using a drug other than alcohol which
such person is legally entitled to use.
Every person convicted of violating this Code section shall, upon a first or second conviction
thereof, be guilty of a misdemeanor, upon a third conviction thereof, be guilty of a high and
,aggravated misdemeanor, and upon a fourth or subsequent conviction thereof, be guilty of a
felony except as otherwise provided in paragraph (4) of this subsection and shall be punished as
follows:First conviction with no conviction of and no plea of nolo contendere accepted to a
charge of violating this Code section within the previous ten years, as measured from the dates of
previous arrests for which convictions were obtained or pleas of nolo contendere were accepted
to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is
accepted:A fine of not less than $300.00 and not more than $1,000.00, which fine shall not,
except as provided in subsection (g) of this Code section, be subject to suspension, stay, or
probation;A period of imprisonment of not fewer than ten days nor more than 12 months, which
period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or
probated, except that if the offender's alcohol concentration at the time of the offense was 0.08
grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of
imprisonment imposed under this subparagraph;Not fewer than 40 hours of community service,
except that for a conviction for violation of subsection (k) of this Code section where the
person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of
community service shall be not fewer than 20 hours;Completion of a DUI Alcohol or Drug Use
Risk Reduction Program within 120 days following his or her conviction; provided, however,
that if the defendant is incarcerated and such program cannot be completed within 120 days, it
shall be completed within 90 days of his or her release from custody. The sponsor of any such
program shall provide written notice of the Department of Driver Services' certification of the
program to the person upon enrollment in the program;A clinical evaluation as defined in Code
Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance
abuse treatment program as defined in Code Section 40-5-1; provided, however, that in the
,court's discretion such evaluation may be waived; andIf the person is sentenced to a period of
imprisonment for fewer than 12 months, a period of probation of 12 months less any days during
which the person is actually incarcerated;For the second conviction within a ten-year period of
time, as measured from the dates of previous arrests for which convictions were obtained or
pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is
obtained or a plea of nolo contendere is accepted:A fine of not less than $600.00 and not more
than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be
subject to suspension, stay, or probation;A period of imprisonment of not fewer than 90 days and
not more than 12 months. The judge shall probate at least a portion of such term of
imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the
offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and
conditions as the judge may impose; provided, however, that the offender shall be required to
serve not fewer than 72 hours of actual incarceration;Not fewer than 30 days of community
service;Completion of a DUI Alcohol or Drug Use Risk Reduction Program within 120 days
following his or her conviction; provided, however, that if the defendant is incarcerated and such
program cannot be completed within 120 days, it shall be completed within 90 days of his or her
release from custody. The sponsor of any such program shall provide written notice of the
Department of Driver Services' certification of the program to the person upon enrollment in the
program;A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part
of such evaluation, completion of a substance abuse treatment program as defined in Code
Section 40-5-1; andA period of probation of 12 months less any days during which the person is
actually incarcerated;For the third conviction within a ten-year period of time, as measured from
the dates of previous arrests for which convictions were obtained or pleas of nolo contendere
, were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo
contendere is accepted:A fine of not less than $1,000.00 and not more than $5,000.00, which fine
shall not, except as provided in subsection (g) of this Code section, be subject to suspension,
stay, or probation;A mandatory period of imprisonment of not fewer than 120 days and not more
than 12 months. The judge shall probate at least a portion of such term of imprisonment, in
accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the
provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the
judge may impose; provided, however, that the offender shall be required to serve not fewer than
15 days of actual incarceration;Not fewer than 30 days of community service;Completion of a
DUI Alcohol or Drug Use Risk Reduction Program within 120 days following his or her
conviction; provided, however, that if the defendant is incarcerated and such program cannot be
completed within 120 days, it shall be completed within 90 days of his or her release from
custody. The sponsor of any such program shall provide written notice of the Department of
Driver Services' certification of the program to the person upon enrollment in the program;A
clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such
evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-
1; andA period of probation of 12 months less any days during which the person is actually
incarcerated;For the fourth or subsequent conviction within a ten-year period of time, as
measured from the dates of previous arrests for which convictions were obtained or pleas of nolo
contendere were accepted to the date of the current arrest for which a conviction is obtained or a
plea of nolo contendere is accepted:A fine of not less than $1,000.00 and not more than
$5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be
subject to suspension, stay, or probation;A period of imprisonment of not less than one year and
