General DUI Requirements

Question 1

A vehicle is any device capable of doing this on this.

Answer 1

Carrying people or property on a highway

Question 2

What sort of vehicle (traditional sense of the word) is excluded from DUI?

Answer 2

Vehicles used exclusively on rails

Question 3

A _____ is a publicly maintained road

Answer 3

Highway

Question 4

A ___________ is a privately maintained road, used by either the public w/ owner’s permission or by custom

Answer 4

Trafficway

Question 5

Whether someone is operating or is in actual physical control of the vehicle is determined by viewing . . .

Answer 5

the totality of the circumstances

Question 6

Can a police officer use signs that the car was recently driven (e.g., warm hood) to determine that the individual was recently in actual control of the car?

Answer 6

Yes

Question 7

T or F? The mere presences of an intoxicated person, such as a sleeping motorist in a vehicle, is sufficient in and of itself to show operations or actual physical control.

Answer 7

False

Question 8

Where police encounter the owner of an abandoned vehicle at the person’s home or some other location away from the vehicle, the fact that the person has signs of intoxication is, in and of itself, sufficient/insufficient to support a DUI charge

Answer 8

insufficient

Question 9

Where police encounter the owner of an abandoned vehicle at the person’s home or some other location away from the vehicle, the fact that the person has signs of intoxication is, in and of itself, insufficient to support a DUI charge in the absence of . . .

Answer 9

Some objective evidence as to the driver’s identity and when the vehicle was last driven.

Question 10

Where police encounter the owner of an abandoned vehicle at the person’s home or some other location away from the vehicle, the fact that the person has signs of intoxication is, in and of itself, insufficient to support a DUI charge in the absence of some objective evidence as to the driver’s identity and when the vehicle was last driven.

Does this hold true when the abandoned vehicle fits the description in a report of a possible DUI?

Answer 10

Yes

Question 11

Testing to determine BAC must be performed within ____ hours of driving UNLESS the prosecution can show ___ ____ why the test could not be performed within that time limit and the motorist did not ingest any alcohol or controlled substances after being arrested.

Answer 11

2 hours

Good Cause

Question 12

When blood is tested, the BAC rating mus be based on . . .

Answer 12

Whole blood.

Question 13

If a BAC rating is based on plasma, serum, etc, what must the prosecution do at trial?

Answer 13

Present expert testimony to show what the BAC would have been had the test been performed on whole blood.

Question 14

T or F? A search warrant is required to take the blood sample of a motorist who refuses to submit to a blood test.

Answer 14

True

Question 15

T or F? The fact that alcohol dissipates in the blood stream with the passage of time creates an exigent circumstance that justifies a warrantless blood draw.

Answer 15

False

Question 16

A motorist who submits to a chemical test has a statutory right to . . .

Answer 16

Have his own physician administer an additional test, the results of which shall be submitted into evidence

Question 17

If a motorist requests a chemical test and is denied, what result?

Answer 17

If it was reasonable to grant his request, the result is suppression of any test results obtained by the CW on grounds that the motorist was deprived of the opportunity to obtain potentially exculpatory evidence.

Question 18

The prosecution is/isn’t required to preserve breath, blood, or urine samples for testing by the defense.

Answer 18

Isnt

Question 19

The prosecution does/does’t have a duty to disclose to the defense any test results in its possession.

Answer 19

Does

Question 20

Before chemical testing is performed, the motorist must be given ______ ______ warnings that a refusal to submit to testing will result in an operating privilege suspension and more severe criminal penalties.

Answer 20

Implied Consent

Question 21

Does Miranda warnings apply to chemical testing?

Answer 21

No

Question 22

The fact of a motorist’s refusal to submit to testing is/isn’t admissible at trial.

Answer 22

Is

Question 23

The fact of a motorist’s refusal to submit to testing can/cannot be used to form the basis of any presumptions.

Answer 23

Cannot

Question 24

Why doesn’t a motorist’s submission to a chemical test violate the 5th?

Answer 24

Non-testimonial

Question 25

Where a hospital draws blood for an ____ ____ ____, police must first obtain a warrant in order to get BAC results from that blood draw.

Answer 25

Independent Medical Purpose

Question 26

When can the police get a persons blood test results taken by the hospital? (2)

Answer 26

Motorist requires ER treatment as a result of an accident AND

PC exists to believe the motorist was DUI