In the following criminal statute (used by a student in a presentation), there is neither a conjunctive or disjunctive used between (a) and (b), but the disjunctive is used between (b) and (c). The question is whether the statute should be read (a) AND (b) OR (c), or (a) OR (b) OR (c)? The student insists that is should be the former, but I disagree. I have always followed the canon that if not explicitly one or the other "and" is implied.  

Any insights? Thanks. Keith

DRIVING UNDER THE INFLUENCE

A person may not operate or be in actual physical control of a vehicle within
this state if:

(a) a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;

(b) is under the influence of alcohol, any drug, or the combined influence of
alcohol and any drug to a degree that renders the person incapable of safely operating
a vehicle; 

OR

(c) has a blood or breath alcohol concentration of .08 grams or greater at the
time of operation or actual physical control.

Keith A. Maxwell, J.D.
Professor Emeritus of Legal Studies and Ethics in Business
Nat S. and Marian W. Rogers Professor (Emeritus)
University of Puget Sound
Tacoma, WA
http://www2.ups.edu/faculty/maxwell/home.htm (archived)

Adjunct Professor of Business Law
Dixie State College
Saint George, UT
https://www.dixie.edu/business/maxwell.php