HB 1291 Summary

• Defines "drive" as operating or being in actual physical control of a vehicle, and "impair or impaired" as weakening or diminishing a person's physical or mental abilities including balance, coordination, reflexes, memory, comprehension, and ability to see, hear, walk, talk, judge distances, and perform daily life functions

• Establishes offense of driving while impaired for persons driving motor vehicles while impaired by alcohol, chemical substances, controlled substances, or having blood-alcohol level of 0.08 or more grams per 100 milliliters of blood or per 210 liters of breath

• Provides affirmative defense for persons charged with driving while impaired if they introduced a controlled substance into their body pursuant to a valid prescription, consumed it according to directions, and submitted to required testing

• Establishes legal use of alcohol, chemical substances, controlled substances, medications, or drugs does not constitute a defense against driving while impaired charges under specified circumstances

• Extends impairment definitions and similar violations to boating under the influence (vessel operation), firearm use while impaired, and amends numerous statutes relating to penalties and licensing requirements

• Takes effect July 1, 2013