THE ALCOHOLIC BEVERAGE CONTROL ACT

Legislations State
1

IN THE HOUSE OF REPRESENTATIVES

January 12, 2025

THE ALCOHOLIC BEVERAGE CONTROL ACT

Be it enacted by the Senate and House of Representatives of the State of Firestone in Congress assembled,

§1. TITLE

  1. This act shall be known as "The Alcoholic Beverage Control Act (ABC Act) and may be cited as such.

§2. DEFINITIONS

  1. The Firestone Criminal Code (FCC) shall refer to here.

  2. Blood Alcohol Content, or BAC, shall refer to the level of alcohol within an individual’s bloodstream.

§3. PURPOSE

  1. This act is to establish clear regulations and restrictions on alcohol-related conduct by prohibiting the illegal use of alcohol and the reckless actions that follow to protect the citizens and the State of Firestone from such actions

§4. OPERATION OF A MOTOR VEHICLE WHILE INTOXICATED

  1. FCC 4 §29 shall be created and titled, “Driving Under the Influence .”

  2. FCC 4 §29 Subsection (a) shall be created and state, “The act of driving under the influence shall be recognized as an unlawful criminal offense within the State of Firestone.”

  3. FCC 4 §29 Subsection (b) shall be created and state, “Driving under the influence shall mean the operation and physical control of a motor vehicle while under the influence of an alcoholic beverage, regardless of quantity consumed.”

  4. FCC 4 §29 Subsection (c) shall be created, and state, “The legal blood alcohol concentration (BAC) limit for the operation of a motor vehicle within the State of Firestone shall be 0.00%. Individuals shall be considered under the influence of alcohol with a BAC measured higher than 0.00% or refuse a breathalyzer test administered by a peace officer.”

  5. FCC 4 §29 shall be established as a class C Felony carrying a jail time of 450 seconds.

§5. OPERATION OF A MOTOR VEHICLE WHILE INTOXICATED CAUSING INJURY

  1. FCC 3 §5 Subsection A1 currently states, “Vehicular assault shall be the act of intentionally (or through clear and extreme disregard for traffic law) utilizing a vehicle to strike a pedestrian, another vehicle, or someone else’s property, without consent from that pedestrian or the owner of that vehicle or property.”

  2. FCC 3 §5 Subsection A1 shall be amended to state, “Vehicular assault shall be the act of willfully or recklessly utilizing a vehicle to strike a pedestrian, another vehicle, or someone else’s property, without consent from that pedestrian or the owner of that vehicle or property."

§6. PUBLIC INTOXICATION

  1. FCC 4 §30 shall be created and titled, “Public Intoxication.”

  2. FCC 4 §30 subsection (a) shall be created and state, “The act of public intoxication shall be recognized as an unlawful criminal offense within the State of Firestone.”

  3. FCC 4 §30 subsection (b) shall be created and state, “Public intoxication shall be defined as being under the influence of alcohol or any intoxicating substance in a public place to a degree that causes, contributes to, or is likely to result in disorderly behavior, public disturbance, or unreasonable disruption of the surrounding environment.”

  4. FCC 4 §30 subsection (c) shall be created and state, “Public intoxication shall be classified as a Misdemeanor C, punishable by a fine not exceeding $250, or imprisonment.”

  5. FCC 4 §30 subsection (d) shall be created and state, “If, while intoxicated, the individual disrupts the lawful operations of a business, interferes with a business employee performing their duties, or commits any act constituting obstruction of justice, the offense shall be elevated to a Misdemeanor B, punishable by imprisonment.

  6. FCC 4 §30 subsection (e) shall be created and state, “Public intoxication shall not be charged in conjunction with Disorderly Conduct (FCC 4 §4) for the same underlying act, though separate and distinct acts may be charged independently.”

  7. FCC 4 §30 subsection (f) shall be created and state, “This offense may be charged independently of, or in addition to, any other applicable intoxication‑related offenses not barred by subsection (e).”

7§. LAWFUL INVESTIGATIONS OF INTOXICATION

  1. Peace officers, upon reasonable suspicion or probable cause of an alcohol-related offense, can order an individual to submit to a breathalyzer test to determine intoxication.

  2. Individuals who refuse a breathalyzer test shall be presumed to be intoxicated for the purposes of the original offense.

8§. ENFORCEMENT

  1. This Act shall be enforced by all relevant parties.

9§. SEVERABILITY

  1. Should any part of this act be struck down and/or declared unenforceable, the rest of the act will remain in effect unless also struck down and/or declared unenforceable.

Chief Sponsor(s):

Representative StealthSniper292
Senator Maopro25

Co Sponsor(s):

Lieutenant Governor dadudeds

Speaker Pro Tempore Donxld

Senator d3av2id1

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