PC §707(B) - DRIVING UNDER THE INFLUENCE OF ALCOHOL
CLASS D MISDEMEANOR
(a) Definition
Driving under the influence of alcohol is the act of operating a motor vehicle while impaired by the consumption of alcoholic beverages 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 alcohol:
The defendant operated a motor vehicle on a public roadway.
The defendant consumed alcoholic beverages that impaired their ability to safely operate a vehicle.
The defendant's blood alcohol concentration (BAC) exceeded the legal limit, or their impairment was to the extent that it rendered them incapable of safely operating a vehicle.
Blood Alcohol Concentration (BAC) Limit
(a) The legal limit for blood alcohol concentration (BAC) may vary by jurisdiction but is typically 0.08% or higher for adults operating non-commercial vehicles.
(c) Defenses
(a) It shall be a defense to a charge of driving under the influence of alcohol if the defendant can prove that they were not impaired by the consumption of alcohol 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 breath or blood testing procedures or proof of a rising BAC, 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 DUI offenses, or having an exceptionally high BAC level 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
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