A. Prohibited: It shall be unlawful to operate a motor vehicle in a negligent manner within the confines of the county.
B. Blood Alcohol Content: Without limiting the applicability of subsection A of this section, it shall be a per se violation of this section if an individual operates a motor vehicle, or is in physical control of a motor vehicle with a blood alcohol content of eight one-hundredths percent (0.08%), nine one-hundredths percent (0.09%), or ten one- hundredths percent (0.10%). "Actual physical control" as used in this section shall be defined as provided in Idaho Code section 18-8004(6). Blood alcohol content shall be established in the same manner and have the same meaning as provided in title 18, chapter 80, Idaho Code.
C. Substance Abuse Evaluation: Any person found to be in violation of subsection B of this section shall obtain a substance abuse evaluation by an evaluator licensed by the state to perform such evaluations prior to the sentencing.
D. Penalty: A violation of this section shall be considered a misdemeanor and subject the offender to a fine not to exceed three hundred dollars ($300.00) or incarceration in the county jail for a period of time not to exceed six (6) months, or both fine and incarceration. (Ord. 97-02, 12-9-1996)