DUI Offenses

Question 1

It is possible to be cited for having a BAC of at least .08 within __ hours afters driving

Answer 1

2

Question 2

When someone is cited for driving while impaired AFTER they have already finished driving, what are the BAC ranges for categories: general impairment, high rate of alcohol, highest rate of alcohol?

Answer 2

.08 - .099

.10 - .159

.16 - more

Question 3

For minors, it is a per se violation to have a BAC of ____% or higher within 2 hours after driving.

Answer 3

.02

Question 4

For minors, it is a per se violation to have a BAC of ____% while driving.

Answer 4

Any. Any amount of alcohol is a per se violation

Question 5

For drivers of commercial vehicles, having a BAC of ___% or greater within 2 hours of driving is a per se violation.

Answer 5

.04%

Question 6

For school bus drivers, having a BAC of _____% or greater within 2 hours of driving is a per se violation

Answer 6

.02%

Question 7

T or F: It is a prosecutable offense for the driver of a bus or commercial vehicle to drive with any amount of alcohol in his system.

Answer 7

True

Question 8

Vehicular homicide by DUI does/doesn’t apply to the death of a fetus.

Answer 8

Does not.

Question 9

Is contributory negligence a defense to homicide by vehicle while DUI?

Answer 9

No

Question 10

Although contributory negligence is not a defense to homicide by vehicle while DUI, the D is permitted to present evidence establishing that the death was cause by _________________________ and not the DUI.

Answer 10

an intervening event.

Question 11

Homicide by vehicle while DUI is what degree crime?

Answer 11

Second-degree felony

Question 12

Homicide by vehicle while DUI is punishable by ___ - year minimum terms for each death, up to ____ years.

Answer 12

3

10

Question 13

Does the DUI offense merge with a homicide by vehicle while DUI offense?

Answer 13

Yes

Question 14

What is the mens rea for “aggravated assault by vehicle while dui”?

Answer 14

Negligence

The NEGLIGENT causation of serious bodily injury as a result of dui.

Question 15

Is contributory negligence a defense “aggravated assault by vehicle while DUI”?

Answer 15

No

Question 16

Can a “aggravated assault by vehicle while DUI” assert a defense of an intervening cause?

Answer 16

Yes

Question 17

“aggravated assault by vehicle while DUI” is what degree felony?

Answer 17

Second

Question 18

Does “aggravated assault by vehicle while DUI” merge with the underlying DUI?

Answer 18

Yes

Question 19

What level of scrutiny has been applied to PA’s DUI laws?

Answer 19

Rational Basis