DUI

Question 1

Driving or operating

Answer 1

Being in actual physical control based on the totality of the circumstances, considering:

(1) Was the D in the driver’s seat at the time of arrest?
(2) Were the engine or headlights on?
(3) Were the keys in the ignition?
(4) Where was the car situated?

Question 2

3 Categories of Impairment

Answer 2

(1) General impairment
(2) High Rate of Alcohol
(3) Highest Rate of Alcohol

Question 3

General Impairment

Answer 3

(1) Person is actually impaired and state has no BAC to use
(2) bw .08 and .10

Question 4

High Rate of Alcohol

Answer 4

0.10 to 0.16

Under age of 21 and BAC 0.02

Commercial Drivers BAC 0.04

School Vehicle Drivers BAC 0.02

DUI related accident that results in bodily injury, death, or property damages where they have .08 but less thatn .10

Question 5

Highest Rate of Alcohol

Answer 5

0.16 or higher

Any amount of controlled substance

Refused chemical test

Question 6

General Impairment Punishment

Answer 6

First: 6 months probation

Second: 5 day to 6 month

Third: 10 day to 2 year

First: $300

Second: $300 to $2,500

Third: $500 to $5,000

First: no license suspension, no ignition interlock

Second/Third: 12 month suspension and interlock

Question 7

High Rate Punishment

Answer 7

First: 2 days to 6 months

Second: 30 days to 6 months

Third: 90 days to 5 years

Fourth: 1 year to 5 years

First: $500 to $5,000

Second: $750 to $5,000

Third: $1,500 to $10,000

Fourth: $1,500 to $10,000

First: no interlock; 12 month suspension

Second+: license suspension and interlock 12 months

Question 8

Highest Rate Punishment

Answer 8

First: 3 days to 6 months

Second: 90 days to 5 years

Third: 1 year to 5 years

First: $1,000 to $5,000

Second: $1,500 to $10,000

Third: $2,500 to $10,000

First: no interlock; 12 month suspension

Second/ third: 12 month interlock; 18 month suspension

Question 9

Interlock Device

Answer 9

Will not allow car to start until blows in; BAC below 0.25

If you tamper with or try to circumvent you will have it longer and it is a misdemeanor

Question 10

ARD

Answer 10

Pretrial diversion at prosecutor’s discretion; complete diversion program adn have no jail time and record can be expunged.

Not available for repeat offenders, cases with accidents, Cases with 14 or younger children in the car at time of offense

Question 11

Presumption of Consent

Answer 11

All drivers have consented ot chemical testing as condition of driving, so long as police has reasonable grounds to believe driver has violated DUI laws

Refusal leads to mandatory 12 month license supension

Refusal admissible at trial

Question 12

Timing of Test

Answer 12

Within 2 hours of time accused operated, drove, exercised control