PA DUI Law

Question 1

When may BAC testing be done?

Answer 1

2 hours after stop

Question 2

What are the elements of a DUI?

Answer 2

1. operating or physically controlling
2. movement of vehicle
3. while under substances impairing ability or judgment OR BAC of at least .08%

Question 3

What factors are relevant to establishing “control” of the vehicle?

Answer 3

1. how the vehicle is situated
2. keys in ignition
3. engine or headlights on, and
4. person sitting in driver’s seat

Question 4

What are the three tiers of impairment for DUIs?

Answer 4

1. General impairment
2. High rate of alcohol;
3. highest rate of alcohol

Question 5

what is general impairment?

Answer 5

1. unable to operate vehicle safely after drinking alcohol OR
2. BAC of at least 0.08% or less than .10% within two hours of driving

Question 6

What is high rate of alcohol?

Answer 6

0.10% to 0.16% within two hours of driving

Question 7

What is highest rate of alcohol?

Answer 7

Above 0.16%

Question 8

What is a DUI by a minor?

Answer 8

Anyone under 21. Blanket prohibition.

Summary offense with fine of $100 and 3-month suspension

Question 9

When can a DUI by a minor be a crime?

Answer 9

BAC greater than .02% within two hours of driving.

Question 10

What is the BAC limit for a commercial or school driver?

Answer 10

.04%

Question 11

When must someone consent to a BAC?

Answer 11

1. Presumed if driving in PA
2. when asked by police
3. with reasonable grounds

Question 12

If someone refuses to submit to a BAC, what must the police do?

Answer 12

Warn that refusal will result in suspension of license and that there is no right to speak to an attorney for this

Question 13

When is a hospital required to take a blood sample from a driver?

Answer 13

1. Vehicle accident,
2. Immediate attention needed; and
3. probable cause of DUI

Question 14

What must DOT establish to suspend a driver’s license?

Answer 14

1. Arrested for driving under influence
2. asked to submit to test
3. refused; and
4. was warned of suspension

Question 15

What is ARD?

Answer 15

Accelerated Rehabilitative Disposition

Question 16

When is a person not eligible for ARD?

Answer 16

Any of:

1. DUI in past 10 years
2. passenger under 14 at time of DUI
3. serious injury or death

Question 17

When is an offender eligible for intermediate punishment?

Answer 17

1. Undergone drug and alcohol assessment showing he’d benefit from treatment
2. no violent tendencies
3. Would be otherwise incarcerated

exclusions for use of deadly weapons or sexual crimes