D.U.I.

Question 1

Two types of DUI offenses:

Answer 1

1. Incapable of Driving
2. BAC level above .08%

Question 2

Elements for Incapable of Driving

Answer 2

1. the defendant drove, operated, or was in actual physical control of the movement of a vehicle upon a highway or traffic way; and
2. while the defendant drove, operated, or was in actual physical control of the vehicle, he had imbided a sufficient amount of alcohol, such that he was incapable of safely driving, operating, or being in actual physical control of it

Question 3

Actual physical control

Answer 3

Test: whether the person was in a position to manage the vehicle’s movement at the time and place alleged

Question 4

What does substantial impairment mean?

Answer 4

Your faculties, reaction time, is so substantially impaired that you could not safefly drive an automobile

Question 5

Elements for BAC Above .08% § 3802(a)(2)

Answer 5

Commonwealth must prove:

1. ∆ imbibed alcohol;
2. ∆ then drove, operated, or had actual physical control of a vehicle; and
3. within 2 hours of driving, operating, or having actual physical control, the alcohol concentration in ∆’s blood or breath reached one of the ranges:
   
   1. .08-.099%
   2. .10-.159% or
   3. .16 and above

Question 6

Special circumstances

Answer 6

Minor (under 21)

• if his BAC within two hours of driving, operating, or being in actual physical control of a vehicle exceeds .02%, he can be charged with/arrested for DUI

Driver of a commercial vehicle

• if his BAC within two hours of driving, operating, or being in actual physical control of a commercial vehicle is .04% or above, he can be charged with/arrested for DUI

Driver of a school vehicle

• if his BAC limit with two hours of driving, operating, or being in actual physical control of school vehicle is .02% or above, he can be charged with/arrested for DUI

Question 7

When can officer stop moving car?

Answer 7

1. Non-investigatable offense = need probable cause
2. Investigatable offense = need reasonable suspicion

Question 8

DUI Checkpoint

Answer 8

A driver may be subjected to:

1. a momentary stop;
2. allowing a brief, trained observation of the driver;
3. without any accompanying physical search of the vehicle at a motor vehicle checkpoint;
4. where the checkpoint substantially conforms to all of the following criteria
   
   1. To avoid unnecessary surprise, the public is given reasonable advance notice of the checkpoint.
   2. The checkpoint is conducted only with prior administrative approval, reducing the discretion of the officers involved in the stopping of the vehicles.
   3. Experience demonstrates that it is a likely area for DUI or other motor vehicle violations.
   4. The criteria for selection of the cars to be stopped is uniform—i.e., the discretion of the officers on the scene is confined to standards predetermined by an administrative decision.

Question 9

Result of refusal to take sobriety test after proper notice of the need to comply:

Answer 9

1. Increased potential criminal penalties and license suspension by the DMV,
2. the refusing being admissible as circumstantial evidence of substantial impairment

Question 10

Aggravated Assault by Vehicle While Driving Under the Influence

Answer 10

• Any person who negligently causes serious bodily injury
• to another person
• as a result of driving under the influence and
• who is convicted
• commits a felony of 2nd degree when the DUI violation is the cause of the injury

Question 11

Homicide by Vehicle While Driving Under the Influence

Answer 11

• Any person who unintentionally causes the death of another person
• as the result of a DUI offense and
• who is convicted
• is guilty of a felony of 2nd degree when the DUI violation is the cause of the death

Question 12

Standard of care for Homicide by Vehicle While Driving Under the Influence

Answer 12

Gross deviation from the standard of care:

• ∆ should be aware of a substantial and unjustifiable risk that death will result from his conduct