Walk It Through: The Drive Home
Hands free only, one tap on a mounted phone, and 0.08 percent.
Driving home from dinner, the driver's phone buzzes, and the driver picks it up to read a text.
Two things a person in this spot might do. Picking one shows what the law says about it.
One drive and one stop. The chemical test and a refusal, commercial drivers, and repeat convictions are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Driving under the influenceDriving under the influence of alcohol or any drug, or with 0.08 percent or more of alcohol in the blood. A first conviction carries not less than 96 hours in county jail.
- Implied consentA driver lawfully arrested for driving under the influence is deemed to have consented to a chemical test of blood or breath. A refusal with no prior offense within 10 years suspends the privilege to drive for one year.
- Preliminary alcohol screening testA field sobriety test the officer tells the person can be refused.
- Single swipe or tapThe only hand use allowed on a phone while driving: on a device mounted on the windshield, dashboard or console, to activate or deactivate a feature.