DUI Offenses

Question 1

Incapable of Driving

Elements (2)

Answer 1

1. D operated a vehicle on a highway/traffic way
2. After consuming sufficient amount of alcohol to render him incapable of safe driving

Note: BAC not dispositive - crime focuses on operation of vehicle.

Question 2

BAC Above .08%

Elements (3)

Answer 2

1. Defendant consumed alcohol
2. Defendant then operated vehicle
3. And within two hours, had BAC over .08%;

Range of BAC determines on severity of penalty;0.08-.099%; .10-.159%; .16% - up

Different BAC reqmt in certain circumstances:

• Minor: .02%
• Commercial vehicle: .04%
• School vehicle: .02%