DUI Flashcards
DUI Offenses: Categories of Alcohol Offense and Their BAC % + Remember Results and Duration After Driving
General Impairment = BAC .08% - .10%
High Rate of Alcohol = BAC .10% - .16%
Highest Rate of Alcohol = BAC .16% or higher
Remember: This BAC is compared up to 2 hours after driving
DUI Offenses: Controlled Substances and Drugs - Schedule 1 Controlled Substances
ANY AMOUNT of a schedule 1 controlled substance constitutes an offense
DUI Offenses: Controlled Substances and Drugs - Drugs in General
Being under the influence of drugs that IMPAIRS THE ABILITY to drive safely constitutes an offense
DUI Offenses: Controlled Substances and Drugs - Combination of Drugs and Alcohol
Being under the combined influence of alcohol and drugs constitutes an offense
DUI Offenses: Controlled Substances and Drugs - Solvent or Noxious Substance
Being under the influence of a solvent or noxious substance constitutes an offense
DUI Offenses: Offenses by Minors - BAC % and Within What Number of Hours Driving
A minor (younger than 18) with a BAC of .02% or higher within 2 hours of driving constitutes an offense
DUI Offenses: Offenses by Minors - Driving with Any Amount of Alcohol
A minor driving with any amount of alcohol constitutes a MINOR OFFENSE, not a DUI
DUI Offenses: Offenses by Commercial Vehicle Drivers - BAC % and Within What Number of Hours Driving
A BAC of .04% or greater within 2 hours of driving a commercial vehicle constitutes a DUI
DUI Offenses: Offenses by School Bus Drivers - BAC % and Within What Number of Hours Driving
A BAC of .02% or greater within 2 hours of driving a commercial vehicle constitutes a DUI
DUI Offenses: Offenses by Commercial Vehicle Drivers or School Bus Drivers - Driving with Any Amount of Alcohol
Driving with any amount of alcohol constitutes a MINOR OFFENSE, not a DUI
DUI Offense: Homicide by Vehicle While Driving Under the Influence - Definition + Remember Unborn Baby’s Death + Remember Intervening Event
The UNINTENTIONAL death of another person as a result of a DUI violation
Remember: The death of a fetus DOES NOT APPLY
Remember: The defendant MAY NOT use contributory negligence, BUT CAN USE evidence establishing the death was caused by an INTERVENING EVENT
DUI Offense: Homicide by Vehicle While Driving Under the Influence - Sentence + Remember Merger Doctrine
The crime is a SECOND-DEGREE FELONY, punishable by 3-year minimum for each death, up to 10 years
Remember: Because homicide is the greater offense, the DUI merges with the homicide offense
DUI Offense: Aggravated Assault While DUI - Definition + Remember Contributory Negligence + Remember Merger
The negligent causation of SERIOUS BODILY INJURY as a result of a DUI violation
Remember: Contributory negligence is NOT A DEFENSE
Rember: The DUI offense merges with the greater offense of a SECOND-DEGREE FELONY
DUI Offense: Constitutionality - Which Standard is Applied to DUI Laws
Courts apply RATIONAL BASIS to DUI statutes because states have a legitimate police power and public safety interest in curbing DUI
General DUI Requirements: “Involvement of a Vehicle” Definition
Any device capable of carrying people or property on a highway, except those used exclusively on rails
General DUI Requirements: Operation on a Highway or Trafficway + Remember Gated Communities
Highway: Publicly maintained roads
Trafficways: Privately maintained but used by public (excluding gated communities)
General DUI Requirements: Operating or Actual Control Determination Test + Remember Sleeping Motorist
Operation or actual physical control is determined by VIEWING the TOTALITY OF THE CIRCUMSTANCES that the vehicle was recently driven (e.g. warm hood, parked on side of road, etc.)
Remember: The mere presence of an intoxicated person, such as a sleeping motorist in a vehicle, is INSUFFICIENT to show operation or actual control
General DUI Requirements: Chemical Testing to Determine BAC - Testing Window + Exception
Testing for BAC must be performed within 2 HOURS of driving, UNLESS prosecution can show GOOD CAUSE why the test was not performed in that window AND the motorist did not INGEST ANY ALCOHOL after being arrested
General DUI Requirements: Chemical Testing to Determine BAC - What type of blood must be tested? + Remember If Driver Does Not Consent to a BAC Test
BAC must test WHOLE BLOOD for an accurate reading
Remember: If a driver does not submit to a blood test, police must receive a search warrant to obtain that person’s blood sample (NO EXIGENT CIRCUMSTANCES AVAILABLE, unless person is unconscious)
General DUI Requirements: Chemical Testing to Determine BAC - Implied Consent for All Drivers + Remember Miranda Rights
Motorists have given implied consent by signing up for a license, and they may refuse to submit a test but it results in a suspension of operating privileges
Remember: Because Miranda rights DO NOT APPLY to chemical testing, the motorist has no right to speak to an attorney or anyone else before taking the test
General DUI Requirements: Chemical Testing to Determine BAC - Unconstitutional Warrantless Search Situation
Where an officer warns that refusal of a blood test will result in enhanced criminal penalties, because SCOTUS has ruled that officer’s need a search warrant to procure blood sample
General DUI Requirements: Chemical Testing to Determine BAC - Can a blood sample be used if the hospital draws blood for an independent purpose?
NO, where a hospital draws blood for an independent medical purpose, police must first obtain a search warrant in order to get the BAC results from that blood draw
Stop and Arrests: Stops - Standard if Stop Ultimately Results in a DUI
A stop based on a violation of the Vehicle Code MUST be supported by PROBABLE CAUSE
Stop and Arrests: Stops - Standard Required if Belief that a Motorist is Under the Influence
A stop based on the belief the motorist is under the influence need only be based on REASONABLE SUSPICION
DUI Checkpoints: When are these authorized? + Remember Guidelines for Location of Checkpoint + Remember Vehicle Searches at Checkpoints
DUI checkpoints are authorized if police officers are engaged in a SYSTEMATIC PROGRAM of checking vehicles in an objective fashion
Remember: The checkpoint’s location and time must be based on verifiable factor
Remember: The stop MUST BE BRIEF and cannot include a search
DUI Checkpoints: Checkpoint Avoidance Rule
Checkpoint avoidance is PERMITTED so long as it is done without breaking a vehicle code
Arrests: What is the standard for an officer to arrest for a DUI offense? + Remember Field Sobriety Testing
An arrest must be based on PROBABLE CAUSE
Remember: Field sobriety testing can be used to give an officer probable cause for a DUI arrest
Arrests: Admissibility of Field Sobriety Tests and Pre-Arrest Breath Tests at Trial
The results of a motorist’s performance on field sobriety tests and pre-arrest breath tests are INADMISSIBLE as evidence at trial
Sentencing: Accelerated Rehabilitative Disposition
A first-time offender who is willing to waive speedy trial rights and whose DUI offense did not involve an accident causing injury or death, and did not have a passenger under age 14, may be eligible for this program which expunges the DUI after meeting requirements
Operating Privilege Suspensions (Ungraded Misdemeanors/2nd Degree Misdemeanors and First Degree Misdemeanors)
Ungraded Misdemeanors/2nd Degree Misdemeanors: Up to 1 year suspension
First Degree Misdemeanors: Up to 18 months suspension
