General DUI Requirements Flashcards
A vehicle is any device capable of doing this on this.
Carrying people or property on a highway
What sort of vehicle (traditional sense of the word) is excluded from DUI?
Vehicles used exclusively on rails
A _____ is a publicly maintained road
Highway
A ___________ is a privately maintained road, used by either the public w/ owner’s permission or by custom
Trafficway
Whether someone is operating or is in actual physical control of the vehicle is determined by viewing . . .
the totality of the circumstances
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?
Yes
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.
False
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
insufficient
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.
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?
Yes
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.
2 hours
Good Cause
When blood is tested, the BAC rating mus be based on . . .
Whole blood.
If a BAC rating is based on plasma, serum, etc, what must the prosecution do at trial?
Present expert testimony to show what the BAC would have been had the test been performed on whole blood.
T or F? A search warrant is required to take the blood sample of a motorist who refuses to submit to a blood test.
True
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.
False
A motorist who submits to a chemical test has a statutory right to . . .
Have his own physician administer an additional test, the results of which shall be submitted into evidence
If a motorist requests a chemical test and is denied, what result?
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.
The prosecution is/isn’t required to preserve breath, blood, or urine samples for testing by the defense.
Isnt
The prosecution does/does’t have a duty to disclose to the defense any test results in its possession.
Does
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.
Implied Consent
Does Miranda warnings apply to chemical testing?
No
The fact of a motorist’s refusal to submit to testing is/isn’t admissible at trial.
Is
The fact of a motorist’s refusal to submit to testing can/cannot be used to form the basis of any presumptions.
Cannot
Why doesn’t a motorist’s submission to a chemical test violate the 5th?
Non-testimonial
Where a hospital draws blood for an ____ ____ ____, police must first obtain a warrant in order to get BAC results from that blood draw.
Independent Medical Purpose
When can the police get a persons blood test results taken by the hospital? (2)
Motorist requires ER treatment as a result of an accident AND
PC exists to believe the motorist was DUI
