§ 30-210. Driving while under the influence of alcoholic beverages, narcotic drugs, barbiturates or other stimulants.

(1)

It is unlawful and punishable as provided in subsection (2) for any person who is under the influence of alcoholic beverages, marijuana or narcotic drugs as defined in Chapter 398, F.S., model glue as defined in Section 877.11, F.S., or barbiturates, central nervous system stimulants, hallucinogenic drugs or any other drugs to which the drug abuse laws of the United States apply as defined in Chapter 404, F.S., when affected to the extent that his normal faculties are impaired, to drive or be in the actual physical control of any vehicle within this State.

(2)

Any person who is convicted of a violation of this section shall, for first conviction thereof, be punished by imprisonment for not more than six (6) months or by a fine of not less than twenty-five dollars ($25.00) or more than five hundred dollars ($500.00), or by both such fine and imprisonment. For a second conviction within a period of three (3) years from the date of a prior conviction for violation of this section, such person shall be punished by imprisonment for not less than ten (10) days nor more than six (6) months and, in the discretion of the court, a fine of not more than five hundred dollars ($500.00). Upon a third or subsequent conviction within a period of five (5) years from the date of conviction of the first of three (3) or more convictions for violations of this section, such person shall be punished by imprisonment for not less than thirty (30) days nor more than twelve (12) months and, in the discretion of the court, a fine of not more than five hundred dollars ($500.00).

(Ord. No. 71-94, § 1, 12-21-71)