PC §707(A) - DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE

CLASS E MISDEMEANOR

(a) Definition

Driving under the influence of a controlled substance is the act of operating a motor vehicle while impaired by the consumption of drugs or other controlled substances to the extent that it renders the individual incapable of safely operating a vehicle.

(b) Elements of the Offense

The following elements must be met to constitute driving under the influence of a controlled substance:

1. The defendant operated a motor vehicle on a public roadway.

2. The defendant consumed drugs or other controlled substances that impaired their ability to safely operate a vehicle.

3. The defendant's impairment was to the extent that it rendered them incapable of safely operating a vehicle

Types of Controlled Substances

(a) Controlled substances may include, but are not limited to, the following:

1. Illegal drugs such as marijuana, cocaine, heroin, or methamphetamine.

2. Prescription medications such as opioids, benzodiazepines, or stimulants when used without a valid prescription or in excess of prescribed dosage.

3. Over-the-counter medications or other substances that can impair driving ability when used improperly or in excess.

(c) Defenses

• (a) It shall be a defense to a charge of driving under the influence of a controlled substance if the defendant can prove that they were not impaired by the consumption of drugs or controlled substances at the time of operation, or if they can demonstrate that they were coerced, misled, or otherwise not acting of their own free will.

• (b) Lack of evidence of impairment, such as errors in drug testing procedures or proof of valid medical use of controlled substances, may also serve as defenses if proven by the defendant.

(d) Aggravating Factors

• Aggravating factors such as causing an accident resulting in property damage or injury to others, having prior convictions for driving under the influence, or having a high level of controlled substances in the bloodstream may result in enhanced penalties or additional charges as determined by the court.

Penalties

Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:

JAIL TIME

40 SECONDS OF JAIL TIME.

BOND SET

$4,000.00