26.17.150 Endangering an Unborn Fetus

(a) Any pregnant female who has consumed alcohol with BAC of .02% or higher shall be guilty of a Class [4] four offense. If a law enforcement officer has probable cause to believe a pregnant female has consumed any alcohol, a breathalyzer can be requested from that person. A refusal to submit to a breathalyzer test may constitute an admission of guilt.

(b) Any pregnant female, who has not been prescribed a controlled substance from Schedule I, Schedule II, Schedule Ill, Schedule IV or Schedule V misuses a prescription drug, uses inhalants and is found through blood or urine testing to be under the influence of an illegal controlled substance or inhalant will be charged with a Class [4] four Offense. A refusal to submit to a blood or urine test may constitute an admission of guilt.