22.0707 Driving while under the influence of alcohol or other drugs-Penalty-Plea bargaining.

(a) Any person who, while under the influence of intoxicating liquor, any narcotic drug, or any other drug, to a degree which renders him incapable of safely driving, drives any motor vehicle upon any highway within American Samoa, or drives any boat within the Territorial waters of American Samoa, is guilty of a class A misdemeanor, and upon conviction, sentenced accordingly.

(b) Whenever there is a motor vehicle accident resulting in either vehicle damage or personal injury, and a driver is charged with driving under the influence of intoxicating liquor, that charge may not be plea bargained to a lesser charge if there is any evidence of intoxication.

History: 1972, PL 12-65 § 1;amd 1980, PL 16-90 § 64; amd 1986, PL 19-40 § 4.

Amendments: 1980 Amended to conform with penalties provided for in Title 46, Criminal Justice. 1986 Subsection (b): added.

Research Guide:

For provisions on consumption of alcoholic beverages on public roads or in moving vehicles, see 27.0532.

For provisions on operation of watercraft while under the influence, see 20.0330.