There are two different classifications of drinking and driving offenses.

• First, it is unlawful to drive or be in control of a motor vehicle while under the influence of intoxicating liquor, drug, vapor, or any combination thereof. 
• Second, it is unlawful to drive or be in control of a motor vehicle with an alcohol concentration of .08 or more within two hours of driving. 

These are separate charges. A driver can be charged with one or both. Usually, if a driver submits to a chemical test which results in an alcohol concentration of .08 or more he/she will be charged with both offenses. 

If a driver refuses to submit to a chemical test and none is performed non-consensually, he/she will only be charged with driving under the influence assuming the officer has enough evidence to establish probable cause for the arrest. 

Additionally, it is a class six felony if either of these offenses is committed while a child who is fifteen years of age or younger is in the vehicle.