~ Intoxicated Driver Arrests Flashcards

1
Q

Definition: The exchange or buying and selling of commodities on a large scale involving transportation from place to place.

A

Commerce

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2
Q

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.

A

Commercial Driver’s License (CDL)

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3
Q

Definition: Refers to any self-propelled or towed vehicle used on public highways in commerce to transport passengers or property.

A

Commercial Motor Vehicle

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4
Q

Definition: As used in this policy, these terms mean having physical control over a motor vehicle. (hint, there are 3)

A

Drive / Driving / Operating

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5
Q

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.

A

Implied Consent

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6
Q

Definition: A book containing daily records of hours and routes, carried and kept by drivers.

A

Log Book

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7
Q

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.

A

On-Duty Time

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8
Q

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.

A

Out-of-Service

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9
Q

Definition: An arrestee, after having been requested to take the chemical test, declines to do so of their own volition.

A

Refusal

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10
Q

Definition: A complete and adequate chemical sample for the chemical test to be valid.

A

Valid Chemical Sample

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11
Q

How many valid chemical tests can a law enforcement sworn member demand for determining blood alcohol content?

A

Two (2)

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12
Q

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?

A

Horizontal and Vertical Gaze Nystagmus / Walk-and-Turn / One-Leg-Stand

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13
Q

What does FST stand for?

A

Field Sobriety Test

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14
Q

True/False: The Miranda Warning must be read prior to any chemical or field test.

A

False - will be read prior to any questioning, but not testing

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15
Q

What needs to be read verbatim to the arrestee prior to any chemical test?

A

The Implied Consent Law

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16
Q

In addition to the Implied Consent Law, the _______ ________ section will be read to arrestees under the age of 21.

A

Zero Tolerance

17
Q

True/False: The detainee has the right to choose which test will be administered.

A

False - it is at the discretion of the sworn member

18
Q

To determine if an arrestee has two (2) prior alcohol-related enforcement contacts, the arrest must be checked in the ____ ____ _____ _____ ____.

A

Driving While Intoxicated Tracking System (DWITS)

19
Q

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.

A

D.U.I. / T.I.S.

20
Q

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?

A

Twenty (20) minutes

21
Q

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.

A

False, Nope, Nice Try Though Buddy

22
Q

A person is presumed to be under the influence of intoxicants when a chemical test reveals their BAC to be at a ____% or higher.

A

.08%

23
Q

If a person’s BAC registers between ____% and _____%, sworn members may use discretion when issuing a citation.

A

.05% and .08% and that’s some bullshit right there, just sayin’

24
Q

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.

A

.04%

25
Q

Driver’s license will be administratively suspended or revoked for any person less than 21 years of age who has been stopped while driving with a BAC of _____% or more.

A

.02%

26
Q

A juvenile may be charged with Driving While Intoxicated when a chemical test reveals their BAC to be at a ____% or higher.

A

.05%