Intoxicated Driver Flashcards
DWI offense charge?
PC 49.04
Class B min. 72 hr confinement
DWI offense charge with open container? PC 49.04
Class B min. 6 days confinement
knowingly possess 2 open containers, what charge? PC 49.031
Class C misdemeanor, one or more open containers in a single criminal episode is a single offense
DWI with a child the age of 14 is a charge of _______. PC 49.045
state jail felony.
DWI with a child the age of 16 is a charge of _______. PC 49.045
Class B min. 72 hr confinement
Flying while intoxicated is a charge of _______. PC 49.05
Class B misdemeanor, with a minimum term of confinement of 72 hours.
Boating while intoxicated is a charge of _______. PC 49.06
Class B misdemeanor, with a minimum term of confinement of 72 hours.
Person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride a charge of _______. PC 49.065
Class B misdemeanor with a minimum term of 72 hour confinement.
Person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride and had an open container is a charge of _______. PC 49.065
Class B misdemeanor with a minimum term of confinement of six days.
Accidentally or mistakenly intoxication causes serious bodily injury to another while operating an aircraft, watercraft, or amusement ride is a charge of _____. PC 49.07
3rd degree Felony.
causes death of another by accident or mistake while intoxicated operating an aircraft, watercraft, or amusement ride is a charge of _____. PC 49.07
2nd Degree Felony
DWI offense charge with 1 prior conviction is a charge of _____?
PC 49.04
Class A with a minimum term of confinement of 30 days
Getting a DWI (Boating-DWI, Flying-DWI, Ammusement-DWI, DWI w/child) and having 1 previous conviction of an intoxication manslaughter charge will get a charge of _______. PC 49.09
3rd Degree Felony
Getting a DWI with 2 prior convictions is a charge of _______. PC 49.09
3rd Degree Felony
Intoxication assault with SBI to Police/judge is a charge of ______. PC 49.09
1st Degree Felony
Intoxication assault with SBI to Fire Fighter or EMS is a charge of ______. PC 49.09
2nd Degree Felony
Suspension of a license for refusal to submit to the taking of a specimen apply only to a person arrested for an offense involving the operation of a motor vehicle or watercraft powered with an engine having a manufacturer’s rating of ____ horsepower or above. TC 724.002
50 horsepower or above
person is deemed to have consented If a person is arrested for an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle in a public place, or a watercraft, while intoxicated, or minor DUI offense to submit to the taking of ______ specimens of the person’s breath or blood or any other specimen for analysis to determine the alcohol concentration or the presence in the person’s body of a controlled substance, drug, dangerous drug, or other substance. TC 724.011
1 or more
A peace officer shall require the taking of a specimen of the person’s breath or blood under which circumstances. TC 724.012
- operator of a mv/watercraft involved in accident that officer believes occurred and as a direct result of the accident:
A. has died or will die
B. suffered serious bodily injury; or
C. suffered bodily injury and been transported to a hospital or other medical facility for medical treatment - The person is DWI with a child younger than 15 yoa (14 and younger)
- The officer possesses or receives reliable information from a credible source that the person:
A. has prior conviction/ community supervision for DWI w/child, Intox/Assault, Intox/Mans, or similar laws in other states.
B. 2 or more occasions, has prior conviction/on-community supervision of DWI, Boating-DWI, Flying-DWI, Amusement-DWI or any similar laws in other states.
The peace officer _____ designate the type of specimen to be taken. TC 724.012
shall
True or False:
Except for TC 724.012(b), A specimen may not be taken if a person refuses to submit to the taking of a specimen designated by a peace officer. TC 724.013
True
A person who is dead, unconscious, or otherwise incapable of refusal is considered _____ the consent. TC 724.014
not to have withdrawn
If the person is dead, a specimen may be taken by:
________ TC 724.014
- county medical examiner or the examiner’s designated agent
- licensed mortician or if there is not a county medical examiner then a physician; qualified technician; registered professional nurse; or licensed vocational nurse;
Only the following may take a blood specimen at the request or order of a peace officer. TC 724.017
- a physician;
- a qualified technician;
- a registered professional nurse;
- a licensed vocational nurse;
The blood specimen must be taken in a _____. TC 724.017
sanitary place
If the blood specimen was taken according to recognized medical procedures, the person who takes the blood specimen under this chapter, the facility that employs the person who takes the blood specimen, or the hospital where the blood specimen is taken is _________. TC 724.017
immune from civil liability for damages arising from the taking of the blood specimen at the request or order of the peace officer or pursuant to a search warrant
Statutory Warning DIC-24 shall inform the person orally and in writing that: _______. TC 724.015
refusal will cause license to suspend/deny for not less than 180 days;
if refused, officer may apply for a warrant authorizing specimen be taken;
if 21+ and submit specimen and BAC of 0.08 or more license suspend/deny not less than 90 days;
if (-)21 any alcohol suspend/deny for not less than 60 days; if you submit specimen less than 0.08 may have less severe penalties than PC Ch.49
person has a right to a hearing on the suspension or denial if, not later than the _____ day after the date on which the person receives the notice of suspension or denial or on which the person is considered to have received the notice by mail. TC 724.015
15th day
A breath specimen taken at the request or order of a peace officer ____ be taken and analyzed under rules of the department by an individual possessing a _____ issued by the department certifying that the individual is qualified to perform the analysis. TC 724.016
must;
certificate
On the request of a person who has given a specimen at the request of a peace officer, full information concerning the analysis of the specimen ____ be made available to the person or the person’s _____. TC 724.018
shall;
attorney
A person who submits to the taking of a specimen of breath, blood, urine, or another bodily substance at the request or order of a peace officer may, on request and within a reasonable time not to exceed _____ after the arrest, have a physician, qualified technician, chemist, or registered professional nurse selected by the person take for analysis an additional specimen of the person’s blood. TC 724.019
2 hours
If a person refuses the request of a peace officer to submit to the taking of a specimen, the peace officer _____ request the person to sign a statement (DIC-24) that:
(1) the officer requested that the person submit to the taking of a specimen;
(2) the person was informed of the consequences of not submitting to the taking of a specimen; and
(3) the person refused to submit to the taking of a specimen.
TC 724.031
shall
If person refuses to submit specimen, the peace officer shall:
TC 724.032
DIC-25
- serve notice of license suspension or denial on the person;
- take possession of any license issued by this state
- issue a temporary driving permit to the person unless person does not hold a license to operate a motor vehicle in this state
- make a written report of the refusal to the director of the department.
The officer shall forward to the department not later than the ____ business day after the date of the arrest:
(1) a copy of the notice of suspension or denial;
(2) any license taken by the officer under Subsection (a);
(3) a copy of any temporary driving permit issued under Subsection (a); and
(4) a copy of the refusal report.
TC 724.032
5th
The officer shall forward to the department not later than the 5th business day after the date of the arrest: 1. \_\_\_\_ 2. \_\_\_\_ 3. \_\_\_\_ 4. \_\_\_\_ TC 724.032
(1) a copy of the notice of suspension or denial;
(2) any license taken by the officer under Subsection (a);
(3) a copy of any temporary driving permit issued under Subsection (a); and
(4) a copy of the refusal report.
A temporary driving permit issued under this section expires on the ___ day after the date of issuance. TC 724.032
41st
True or False:
A temporary drivers permit is valid on the 40th day. TC 724.032
True
True or False:
A temporary drivers permit is valid on the 41st day. TC 724.032
False, expires on the 41st day
A temporary driving permit issued that authorizes the person to drive a commercial motor vehicle is not effective until _____ after the time of arrest. TC 724.032
24 hours
Which case law references reasonable suspicion to make traffic stop based on a vehicle weaving. The training and experience of the officer, most specifically as it applies to DWI enforcement, was taken into account in this case and it was held that the stop for fail to maintain a single marked lane was reasonable.
Curtis v. State
A person knowingly permits another to operate a motor vehicle owned by the person; and knows that at the time permission is given the other person’s license has been suspended as a result of a:
DWI suspension; DWI or failure to give specimen, is charged with ______. TC 705.001
Class C misdemeanor.
