PC §707(E) - OPERATION OF A COMMERCIAL VEHICLE UNDER THE INFLUENCE

CLASS C MISDEMEANOR

Section 1: Definitions

1. Commercial Vehicle: A motor vehicle used for the transportation of goods, passengers, or both, and which is typically operated for business purposes or for compensation. This includes trucks, buses, and other vehicles defined as commercial under applicable transportation regulations.

2. Under the Influence: Operating a vehicle with a blood alcohol concentration (BAC) of 0.04% or higher, or under the influence of any controlled substance or drug that impairs the operator's ability to safely control the vehicle.

3. Controlled Substance: Any substance or drug classified as controlled under applicable laws, including but not limited to narcotics, stimulants, depressants, and hallucinogens.

4. Drug: Any substance other than alcohol that can impair a person's physical or mental ability, including prescription medications, over-the-counter drugs, and illegal substances.

Section 2: Offenses

1. Operation with Elevated Blood Alcohol Concentration:

   • It shall be unlawful for any person to operate a commercial vehicle with a blood alcohol concentration (BAC) of 0.07% or higher.

2. Operation Under the Influence of Drugs:

   • It shall be unlawful for any person to operate a commercial vehicle under the influence of any controlled substance or drug that impairs their ability to safely operate the vehicle.

3. Refusal to Submit to Testing:

   • It shall be unlawful for any person operating a commercial vehicle to refuse to submit to a chemical test for alcohol or drugs when requested by law enforcement, provided that the request is made in accordance with legal authority.

4. Operation While Impaired:

   • It shall be unlawful for any person to operate a commercial vehicle while impaired by alcohol or drugs, regardless of BAC level or the presence of a controlled substance, if such impairment affects their ability to safely operate the vehicle.

Section 3: Revoke of Commercial Drivers Licenses

When found convicted of the crime, the person operating the motored commercial vehicle will have their Commercial Driver's Licenses revoked.

Section 4: Exceptions

1. Medical Exemptions:

   • This code shall not apply to individuals who are using controlled substances or medications under the direction of a licensed physician, provided they have not been advised that such substances impair their ability to operate a commercial vehicle.

2. Lawful Use of Substances:

   • This code shall not apply to the lawful use of substances or medications that are not known to impair driving abilities, and provided such use complies with the regulations governing the operation of commercial vehicles.

JAIL TIME

60 SECONDS OF JAIL TIME.

BOND SET

$6,000.00