DUI Offenses Flashcards
It is possible to be cited for having a BAC of at least .08 within __ hours afters driving
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?
.08 - .099
.10 - .159
.16 - more
For minors, it is a per se violation to have a BAC of ____% or higher within 2 hours after driving.
.02
For minors, it is a per se violation to have a BAC of ____% while driving.
Any. Any amount of alcohol is a per se violation
For drivers of commercial vehicles, having a BAC of ___% or greater within 2 hours of driving is a per se violation.
.04%
For school bus drivers, having a BAC of _____% or greater within 2 hours of driving is a per se violation
.02%
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.
True
Vehicular homicide by DUI does/doesn’t apply to the death of a fetus.
Does not.
Is contributory negligence a defense to homicide by vehicle while DUI?
No
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.
an intervening event.
Homicide by vehicle while DUI is what degree crime?
Second-degree felony
Homicide by vehicle while DUI is punishable by ___ - year minimum terms for each death, up to ____ years.
3
10
Does the DUI offense merge with a homicide by vehicle while DUI offense?
Yes
What is the mens rea for “aggravated assault by vehicle while dui”?
Negligence
The NEGLIGENT causation of serious bodily injury as a result of dui.
Is contributory negligence a defense “aggravated assault by vehicle while DUI”?
No
