790.151 - 165 Flashcards
to _____ means to discharge a firearm or to have a firearm readily accessible for immediate discharge
“use a firearm”
“readily accessible for immediate discharge” means _____ and _____.
loaded and in a person’s hand
It is unlawful and punishable as a _____ for any person who is under the influence of alcoholic beverages, any chemical substance or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
misdemeanor of the second degree
Any person who uses a firearm within this state shall submit to _____ or _____ to determine the alcoholic content of the blood and to a _____ to detect the presence of controlled substances, if there is probable cause to believe that the person was using a firearm while under the influence of alcoholic beverages or controlled substances or that the person is lawfully arrested for any offense allegedly committed while he or she was using a firearm while under the influence of alcoholic beverages or controlled substances.
an approved chemical or physical breath test
urine test
The refusal to submit to a chemical or physical breath or urine test upon the request of a law enforcement officer as provided in this section shall be _____ in any criminal proceeding.
admissible into evidence
What if the arresting officer does not request the tests and the defendant does?
they will be administered
The results of any test administered pursuant to this section for the purpose of detecting the presence of any controlled substance _____ as evidence in a criminal prosecution for the possession of a controlled substance.
shall not be admissible
if a law enforcement officer has probable cause to believe that a firearm used by a person under the influence of alcoholic beverages or controlled substances has _____ or _____, such person shall submit, upon the request of a law enforcement officer, to a test of his or her blood for the purpose of determining the alcoholic content thereof or the presence of controlled substances therein
caused the death or serious bodily injury of a human being
The law enforcement officer may use _____ if necessary to require such person to submit to the administration of the blood test
reasonable force
The term _____ means a physical condition which creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
“serious bodily injury”
The results of any test administered pursuant to this section for the purpose of detecting the presence of any controlled substance shall not be admissible as evidence in a criminal prosecution for the _____
possession of a controlled substance
It is unlawful and punishable as provided in s. 790.151 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties are impaired, to use _____ in this state.
a firearm
If there was at that time _____ percent or less by weight of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
0.05
If there was at that time in excess of _____ but less than _____ by weight of alcohol in the person’s blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
0.05 percent0.10 percent
If there was at that time _____ or more by weight of alcohol in the person’s blood, that fact shall be prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired
0.10 percent