PA: DUI

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Author:
benlaw
ID:
26164
Filename:
PA: DUI
Updated:
2010-07-22 17:15:00
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DUI
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Description:
DUI
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  1. DUI Offenses
    • (1) Imbibing a suff. amount of alcohol to render a person incapable of safe driving.
    • (2) Having a BAC of at least .08% w/n 2 hrs of driving.

    • NOTE: For sentencing purposes, three levels of impairment --
    • >> At least .08% but less than .10%.
    • >> At least .10% but less than .16%.
    • >> .16% or higher.
  2. DUI Elements
    • (1) Vehicle: must be capable of carrying ppl/property (including bikes, golf carts, ect.)
    • (2) Highway/Trafficway: public road or private road used by the public (permission or custom).
    • >> Includes: dirt roads and parking lots.
    • >> Note: to avoid classification, affirmative steps must be taken to keep ppl out.
    • (3) Control of Vehicle: Driving, operating or otherwise being in control of the vehicle.
    • >> Totality of the circumstances -- location, signs that vehicle recently driven, ect.
    • >> BUT: mere presence of intoxicated person in a car is NOT, alone, suff. to show operation/control.
    • (4) Intoxicated beyond the legal limit.
    • NOTE: In exigent circumstances, ie. avoid imminent harm, may drive drunk, but you must take the minimum action necessary to avoid harm.
  3. Controlled Substances and Drugs -- Offenses
    • OFFENSES:
    • (1) Any ounce of a Schedule 1 controlled substance or non-medically prescribed Schedule II or III substance or a matabolite of any controlled substance, or a combo of such drugs and alcohol.
    • >> Metabolite: left int he blood stram after broken down.
    • (2) Being under the influence of a drug or drugs that impairs the ability to drive safely.
  4. Offenses by Minors
    • Violation: BAC of .02% or higher w/in 2 hours of driving.
    • Violation: Driving a motor vehicle w/ any amount of alcohol.
    • >> Not DUI, but a fallback.
  5. Commercial Vehicles and School Bus Drivers
    • Comm: .04% or greater w/in 2 hrs of driving.
    • Bus: .02% or greater w/in 2 hrs of driving.

    • ALSO:
    • (1) Driving under the influence of any amount of alcohol while driving (not DUI, but offense).
    • (2) Being under the influence of a controlled substance.
    • (3) Consuming suff. alcohol to impair driver safety.
  6. Homicide Cases
    • GEN: Unintentional death of another person as a result of a DUI violation is a second degree felony punishable by 3-yr minimum terms of incarceration for each death, up to 10 yrs.
    • >> DUI offense is sentenced with the homicide offense.
  7. Aggravated Assault by Vehicle While DUI
    • GEN: Negligent causation of SBI as a result of DUI.
    • NOTE: Contributory negligence ≠ defense.

    MERGER: DUI offense merges with this crime, which is a second-degree delony (agg. assault).
  8. Chemical Testing for Alcohol
    • GEN: Testing must be performed w/in two hours of the driving unless prosecution can show good cause.
    • DUTY: Prosecution has the affirmative duty to disclose to the defense all test results it has in its possession -- good, bad indifferent.

    • IMPLIED CONSENT WARNINGS (REQ): Motorist must be told that a refusal to submit to testing will result in an operating privilege suspension and more severe criminal penalties, and that b/c MIRANDA rights do not apply to chem testing, the motorist has no right to speak to an attorney -- or anyone else -- before taking the test.
    • >> KEY: Refusal to consent to a test = ADMISSIBLE at trial, BUT can't be used to form the basis of any presumptions.
    • >> No 5A Violation: sample not testimonial.

    • HOSPITALS AND BLOOD TESTS:
    • >> Where police have probable cause to believe that the motorist was DUI, and emergency treatment is required, hospitals MUST draw blood and provide the police with a sample.
    • >>>> If no PC and no search warrant: likely to be suppressed.
    • >>>> Hospitals: immune from civil suit.
  9. Stops and Arrests
    • STOPS: Require reasonable suspicion.
    • >> RS: particularized and objective belief, in light of the officer’s experience/training and the ToC, that criminal activity has or is occurring, even if the officer does not actually observe the operation of the vehicle.

    • Reasons for stops:
    • (1) Erratic driving – must be more than momentary and minor, but if cross double yellow lines, suff. (2) Speeding – police must comply w statutory speed timing requirements.
    • >> Exception: Police may stop a suspected speeding vehicle w/o gauging speed where they reasonably belief it poses an accident risk.
    • (3) Equipment Violation: must pertain to the operation of the vehicle OR the vehicle’s authorization to be driven.
    • >> Includes: expired registration, inspection stickers, ect.
  10. DUI Checkpoints
    • GEN: Okay if conducted under a systematic program.
    • >> Checkpoint decision made by admin personnel with formula for stopping cars.
    • >> Checkpoint’s location and time must be based on verifiable factors.
    • >> Surprise must be avoided (provide notice).
    • >> Initial stop must be brief and CANNOT include a vehicle search.

    • AVOIDANCE: Okay if lawful – no breaking of the vehicle code.
    • >> BUT: once a vehicle enters the checkpoint, it’s unlawful for a motorist to bypass it.
  11. Interrogation
    • Basic investigatory questions not intended to elicit incriminating testimony – okay if ask b/f Mirandizing.
    • >> Did you have anything to drink? OK. But what did you drink? Not OK.
  12. POLICE POWER
    • Uniformed state troopers or municipal police or sheriff’s deputies: general arrest authority w/in their territorial jdxs.
    • Others (campus police, housing police): limited to making arrests on the property of their employer wile acting within their employment – unless given greater arrest authority by statute.

    • >> Transit authority
    • >>>> Arrests when in/near transit authority property, or when in the discharge of his duties in pursuant to transit authority business.
    • >>>> Can make arrests away from company grounds where a motorist poses danger to authority property, employees, customers.

    • >> If arrest beyond territorial jdx, must be in hot/fresh pursuit of the vehicle (must start in proper jdx) or on official business (need PC, not RS), or vested with permission to conduct police business in the other municipality.
    • >>>> NOTE: Issue in public roads arrest cases is whether D's actions jeopardized the transit authority's property or passengers. Dangerous driving, alone, is not sufficient (ie. non-functioning break light, crossing over double line, tailgating).

    >>If exigent circumstances (emergency), police can respond in neighboring jdx.
  13. Prosecution (Burdens and Experts)
    Must prove DUI beyond a reasonable doubt. Can use circumstantial evidence.

    • EXPERTS
    • GEN: Need not have an expert present testimony about somone "appearing intoxicated." Common knowledge inference, lay witnesses ok.
    • >> This includes testimony about common drugs like cocaine.
    • BUT: If testimony about prescription drug intoxication, or testimony about metabolites, need an expert to discuss, for the former, risks and effects, and the latter, when the drugs were likely to have entered the body.
  14. Sentencing and Accelerated Rehabilitation Disposition
    GEN: At discretion of prosecutor, a first-time offender who did not injury others and did not have a passenger under 14 in the car may be able to waive his trial rights and have an ARD.
  15. Punishment
    • GEN: Most DUI convictions carry a mandatory license suspension -- from one year ro 18 months.
    • NOTE: Not a part of criminal sentence. Collateral civil consequence.
  16. Driver License Compact
    When a PA licensed driver is convicted of a DUI in a member state, PA treats the offense as if the person were convicted in PA of driving DUI with a BAC of at least .08% but not greater than .10%.

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