~ Intoxicated Driver Arrests Flashcards
Definition: The exchange or buying and selling of commodities on a large scale involving transportation from place to place.
Commerce
Definition: A license issued by a state or other jurisdiction, in accordance with the standards contained in the Federal Motor Carrier Safety Administration Title 49 CFR, Part 383, to an individual to operate a class of a commercial motor vehicle.
Commercial Driver’s License (CDL)
Definition: Refers to any self-propelled or towed vehicle used on public highways in commerce to transport passengers or property.
Commercial Motor Vehicle
Definition: As used in this policy, these terms mean having physical control over a motor vehicle. (hint, there are 3)
Drive / Driving / Operating
Definition: Any person who operates a motor vehicle in the State of Missouri will be deemed to have given consent to a chemical test of the person’s breath, blood, saliva, or urine for the purpose of determining the alcohol or drug content of the person’s blood.
Implied Consent
Definition: A book containing daily records of hours and routes, carried and kept by drivers.
Log Book
Definition: Time from when a commercial vehicle driver begins work, is required to be in readiness to work, or until is relieved from work and all responsibility for performing work.
On-Duty Time
Definition: When the commercial vehicle operator is officially told by the sworn member not to operate any commercial vehicle for the next 24 hour period.
Out-of-Service
Definition: An arrestee, after having been requested to take the chemical test, declines to do so of their own volition.
Refusal
Definition: A complete and adequate chemical sample for the chemical test to be valid.
Valid Chemical Sample
How many valid chemical tests can a law enforcement sworn member demand for determining blood alcohol content?
Two (2)
When a sworn member has reasonable suspicion that a driver is under the influence of alcohol or other drugs, the sworn member will have the driver perform which three (3) FSTs?
Horizontal and Vertical Gaze Nystagmus / Walk-and-Turn / One-Leg-Stand
What does FST stand for?
Field Sobriety Test
True/False: The Miranda Warning must be read prior to any chemical or field test.
False - will be read prior to any questioning, but not testing
What needs to be read verbatim to the arrestee prior to any chemical test?
The Implied Consent Law
In addition to the Implied Consent Law, the _______ ________ section will be read to arrestees under the age of 21.
Zero Tolerance
True/False: The detainee has the right to choose which test will be administered.
False - it is at the discretion of the sworn member
To determine if an arrestee has two (2) prior alcohol-related enforcement contacts, the arrest must be checked in the ____ ____ _____ _____ ____.
Driving While Intoxicated Tracking System (DWITS)
Before a citation is issued, the sworn member will contact the _____ Section or _______ personnel to determine if the arrestee meets the qualifications to be charged at the state level.
D.U.I. / T.I.S.
If an arrestee requests to speak with an attorney, the arrestee must be given at least how much time to attempt to contact an attorney?
Twenty (20) minutes
True/False: The arrestee has a constitutional right to have an attorney present when deciding whether to take the chemical test or during the actual test.
False, Nope, Nice Try Though Buddy
A person is presumed to be under the influence of intoxicants when a chemical test reveals their BAC to be at a ____% or higher.
.08%
If a person’s BAC registers between ____% and _____%, sworn members may use discretion when issuing a citation.
.05% and .08% and that’s some bullshit right there, just sayin’
The driver of a commercial motor vehicle is presumed to be under the influence of intoxicants when a chemical test reveals their BAC to be at a ____% or higher.
.04%
