You could be subject to arrest for DWUI even if you aren’t driving your vehicle?

If you have been drinking, choose to drive and are impaired to a degree which renders you incapable of operating a motor vehicle safely, or have a blood alcohol level of .08 or greater you could be arrested for DWUI. However, you can also be arrested for DWUI if you are in physical control of a motor vehicle and are intoxicated, even if the vehicle is not running.

With the holidays fast approaching the Rock Springs Police Department wants to encourage everyone not to get behind the wheel of an automobile after drinking. Please have a designated driver or get a cab and enjoy a happy and safe holiday season.

Municipal Ordinance: 5-201a 31-5-233b, DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCES

(b) No person shall drive or have actual physical control of any vehicle within this state if the person:

(i) Has an alcohol concentration of eight one-hundredths of one percent (0.08%) or more;

(ii) Has an alcohol concentration of eight one-hundredths of one percent (0.08%) or more, as measured

within two (2) hours after the time of driving or being in actual physical control of the vehicle following a

lawful arrest resulting from a valid traffic stop; or

(iii) To a degree which renders him incapable of safely driving:

(A) Is under the influence of alcohol;

(B) Is under the influence of a controlled substance; or

(C) Is under the influence of a combination of any of the elements named in subparagraphs (A) and (B) of this paragraph.

[highlight]

“DID YOU KNOW ?” is a series of articles provided by the Rock Springs Police Department in an effort to inform the public about

local ordinances, state statutes and other programs provided by the police department. Rock Springs Police Department is continually

committed to keeping the community safe and informed.

[/highlight]