DUI

Question 1

When must BAC testing occurr?

Answer 1

Within two hours of the time the person is stopped, UNLESS the prosecution can show

1. good cause as to why the test was not obtained within two hours AND
2. that the person did not ingest any alcohol or drugs between the arrest and the time the sample was obtained.

Question 2

How do you know if a person had actual physical control of movement of the vehicle?

Answer 2

By looking at the totality of the circumstances, which can include

• how the vehicle is situated
• if the keys are in the ignition
• if the engine and/or headlights are on;
• if the person is sitting in the driver’s seat.

Question 3

What tiers exist for determining alcohol impairment?

Answer 3

1. General impairment
   
   1. a person is EITHER
      
      1. unable to operate the vehicle safely after drining any amount of alcohol (if no BAC available) OR
      2. has a BAC of at least .08% but less than .10% within two hours of driving
2. High rate of alcohol
   
   1. BAC test of at least .10% but less than .16% within two hours of driving
3. Highest rate of alcohol
   
   1. BAC of at least .16% within two hours of driving.

Question 4

What about minors?

Answer 4

A minor with any alcohol in their system will be subject to a summary offense, a fine of up to $100, and a suspension of up to three months.

A minor with a BAC of at least .02 will be subject to the highest rate of alcohol (at least .16%) punishments.

Question 5

What about commercial and school vehicle drivers?

Answer 5

You’ll get a misdemeanor if your BAC is

1. at least .04% within two hours of driving a commercial vehicle or
2. at least .02 within two hours of driving a school vehicle.