DUI Flashcards
D.U.I.:
Driving Under the Influence, a blood alcohol concentration of 0.08% or higher
DWI
Driving While Impaired, a blood alcohol concentration of 0.07%, but less than 0.08%
Who will be the manger for a SOD check point
trained SOD
Checkpoint Locations
The Checkpoint Manager shall select the checkpoint location. Site selection shall be based on:
Public and officer safety
Minimizing inconvenience to motorists and unnecessary delays to traffic
Providing sufficient space to deploy officers and marked police vehicles in plain sight
Allowing the placement of warning signs
Before initiating a checkpoint, the checkpoint manager shall notify the following of the date, time, and location site:
Sector Supervisor or Sector Commander
District Commander
Public Safety Communications
MSP barrack servicing the area (for traffic-related checkpoints)
Legal Considerations
Traffic checkpoints must be conducted in strict compliance with legal guidelines. The checkpoint manager shall ensure the following:
An official sign will be placed to give motorists adequate warning that a checkpoint is ahead and the opportunity to choose an alternate route
All official signs used at checkpoints must have the prior approval of the appropriate Commander, SOD
Officers manning checkpoints shall be in uniform
At least one marked police cruiser will be used at each stop location
All vehicles will be stopped
If traffic becomes congested, the Checkpoint Manager may temporarily suspend the operation until the congestion is relieved
Motorists who do not wish to stop shall be allowed to make a legal U-turn prior to the checkpoint and follow a different route
Officers will not search vehicles, nor interrogate drivers or passengers unless probable cause exists to search the vehicle, or an arrest is made
For violations where death occurs, officers shall: DUI
Inform the arrestee that by law, they must submit to a chemical test and read the arrestee the DR-15 Advice of Rights form. Officers must be able to articulate that there is reasonable suspicion to believe that alcohol is present
Not advise the arrestee of Miranda rights unless questioning the arrestee, or as instructed by the State’s Attorney’s Office (SAO).
The following documents are required for all DUI arrests:
Alcohol/Drug Influence Form
Advice Of Rights - required in all non-fatal accident cases
Officer’s Certification and Order of Suspension - required only when the test result is .08% or higher or the arrestee refuses to submit to a test – and is used to:
Confiscate a Maryland Driver’s License
Issue a temporary license
Order a suspension
Request a driver’s hearing
Record the officer’s statement of reasonable grounds
Record results of a test for alcohol concentration
Provide evidence of refusal
State of Maryland Preliminary Breath Test Log - required for all PBT tests
State of Maryland Alcohol Program Testing Log - required for all alcohol or drugged-driving arrests1
Generally, the chemical test administered shall be the breath test, except that blood tests shall be administered if the:
Arrestee is unconscious or incapable of refusing a chemical test
Arrestee’s injuries require their removal to a medical care facility
Equipment to administer a breath test is unavailable
how long must an officer observed the arresttee before the breath test
20 minutes
Test Refusal or Test Result of .08% or Higher
The officer shall:
Confiscate the Maryland driver’s license
Within 72 hours, send the confiscated driver’s license, copies of MVA forms, and any Results of Test for Alcohol Concentration to the MVA
Complete the Officer’s Certification and give a copy to the arrestee
Advise the arrestee that he or she has 10 days in which to mail the hearing request form to request a hearing to show cause why their license should not be suspended
Give the arrestee the “Driver’s Copy” of the Officer’s Certification and Order of Suspension to use as a temporary driver’s license, provided the arrestee has a valid Maryland Driver’s License and signs the Officer’s Certification and Order of Suspension
The arresting officer shall note the court disposition of the case in the State of Maryland Alcohol Program Testing Log within how many hours of adjudication.
72
for commercial drivers their BAV must be below
.04
The truck inspector will advise them that they cannot drive a commercial vehicle for at least how many hours for DUI
24
