DUI traffic stop exam 5-9 flashcards |

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  • If a subject is placed under lawful arrest for the offense of DUI, refuse to submit to a lawfully requested test of his or her breath/urine/blood, and refuses to submit t a chemical breath/urine/blood test, and has his or her driving privileges suspended before for refusing to submit to a lawful test of his or her breath, urine, or blood , the subject commits the offense of _______to submit to Testing per s.316.1939, F.S.

    refusal

    The State of Florida______ must be completed in conjunction with a DUI Citation issued for a refusal to submit to a chemical test.

    refusal affidavit

    An officers needs to know what there are certain states concerning operating a commercial motor vehicle, as defined in s.322.01(8),F.S., while the driver is ______.

    impaired

    A one year penalty for the loss of a CDL applies to a DUI subject if he or she is driving a commercial vehicle with an alcohol concentration of ________or higher.

    0.04

    If a driver under the age of 21, is involved in a DUI investigation, he or she is not arrested but is subject to

    administrative penalties, even if he or she provides a sample over a 0.08.

    Due to the serious nature of a DUI offense, you must

    follow your agency's procedure for obtaining blood.

    A one year penalty for the loss of a CDL applies to a

    DUI subject if he or she refuses to submit to a breath, urine, or blood test to determine alcohol concentration.

    Ina Refusal to Submit to Testing, the officer shall place the additional charge on the ________and issue a Uniform Traffic Citation.

    Probable Cause Affidavit.

    If an officer is asked to identify a blood vial in court (from a DUI subject's blood test), seeing his or her own________could prove beneficial.

    initials

    If a driver is arrested for a violation of s.316.193, F.S., or is in possession of a controlled substance while operating or in actual physical control of a motor vehicle or a commercial motor vehicle, the driver may be subject to the loss of his or her commercial driver license(CDL) for a period of __________.

    one year

    If an officer suspects a DUI violation, he or she should conduct a DUI investigation utilizing the same process for determining impairment. Choose all of the steps that apply.

    ~ administer the chemical or physical tests.
    ~ follow arrest procedures.
    ~ complete the necessary documentation.
    ~ conduct the SFSTs.

    A person who has any alcohol in his or her body may not

    drive or be in in actual physical control of a commercial motor vehicle in this state.

    If a driver under 21 years of age is involved in a DUI investigation and his or her alcohol concentration level is at or above________, or if he or she refuses to submit to a breath test, his or her driver's license privilege will be suspended.

    0.02

    Aperson who as any alcohol in his or her body and is driving violation of Florida State 322.62(1) and must be placed out-of-service immediately for a period of _______hours.

    24

    The original refusal information for a DUI subject's breath, urine, or blood test can be verified by checking FCIC/NCIC, _______ databases, and/or criminal history.

    DAVID

    If a DUI subject a commercial motor vehicle is placed out-of-service, the officer should have a responsible party pick up the vehicle or have the vehicle towed, depending on the situation and his or her____.

    agency's policy

    Its a good idea for an officer to _____a blood vial label ( when obtaining a blood test from a DUI subject) to show that he or she verified the necessary information.

    initial.

    If a DUI investigation for a driver under 21 years of age does not result in a DUI arrest, but there is evidence that the driver has been consuming alcohol, the officer may request a breath test to determine the driver's_______.

    alcohol concentration.

    The Refusal Affidavit from must

    be completed, notarized, and forwarded to the DHSMV as part of the DUI arrest report.

    In a Refusal to Submit to Testing, the officer shall placed the additional charge on the Probable Cause Affidavit and issue a(n)________. He or she also must complete an Affidavit of Refusal to Submit to Breath, Urine,or Blood Test.

    Uniform Traffic Citation.

    The Department of Highway Safety and Motor Vehicles provides

    refusal affidavits to law enforcement agencies.

    The charge Refusal to Submit to Testing is a_____.

    misdemeanor of the first degree

    If a driver under the age of 21is involved in a DUI investigation, the officer should take the _______and issue a Notice of Suspension.

    License

    Florida law provides the definition of driving under the influence in s.________,F.S

    316.193

    DUI_______process generally means the entire process of identifying and gathering evidence accumulated to determine whether or not a subject should be arrested for a DUI offense

    detection

    DUI citation must be completed________.

    accurately

    Phase_____in atypical DUI investigation : Personal contact-After the vehicle stops, there usually is an opportunity to observe and speak with the driver face-to-face.

    two

    Phase_____ in a typical DUI investigation : Vehicle in motion-observation of the driver operating the vehicle.

    one

    A DUI citation has additional fields from a Uniform Traffic Citation that must be completed. What are these fields regarding? select all that apply.

    ~ if the subject's license was surrendered.
    ~ if the subject refuses.
    ~ location of the Department of Highway Safety and Motor Vehicles Hearing Office.
    ~ if the subject is eligible for a permit.

    The definition of driving under the influence in s.3163193, F.S.state, " The person is under the influence of alcoholic beverages , any chemical substance set forth in s.877.111,F.S., or any substance controlled under chapter 893,F.S., when affected to the _______that the person's normal faculties are impaired."

    extent

    A DUI Citation is filled out in the same manner as a Uniform Traffic Citation, including citing the appropriate violated________.

    Florida Statute

    According to s.316.193, F.S., a person is guilty of the driving under the influence and is subject to __________.

    punishment.

    The DUI Citation is very similar to the Uniform Traffic Citation , expect the DUI Citation is used either for a DUI with an alcohol concentration of 0.08 or higher or when the violator has refusal any________after being lawfully arrested.

    Chemical test.

    The definition of driving under the influence in s.316.193, F.S. states, " if the person is ________or in actual physical control of a vehicle within this state."

    driving

    The typical DUI investigation involves_______phases.

    three

    A DUI citation is not only a charging document; it is also required to authorize the Department of Highway Safety and Motor Vehicles to__________.

    suspend the subject's driving privilege

    In the definition of driving under the influence in s.316.193, F.S., a person commits the offense of DUI, If the person has a blood-alcohol level of _______or more grams of alcohol per_________.

    0.08;100 milliliters of blood.

    If A DUI subject has an alcohol concentration of 0.08 or above, refuses chemical testing , seize his or her driver's license and attach it to the _________ or transmittal copy of the DUI citation per s.316.650, F.S.

    blue

    The definition of driving under the influence in s.316.193., says that a person commits the offense of DUI if he or she has a breath-alcohol level of ________ or more grams of alcohol per_________.

    0.08;210 liters of breath

    When a DUI subject has an alcohol concentration of 0.08 or above or refuses chemical testing, you or your agency should forward the subject's license and a copy to Department of Highway Safety and Motor Vehicles for _________ per agency policy.

    an administrative suspension

    The DUI _________process begins when a law enforcement officer first suspects that an individual may be driving under the influence and ends when that officer determines whether there is sufficient probable cause to arrest the subject for DUI.

    detection

    In order to arrest someone for a DUI offense, a law enforcement officer must be probable causes to believe that _______ element(s) of the offense are present.

    all

    Portable breath tests may be used for violations such as

    drivers under 21 years of age (0.02 violation ) or for commercial motor vehicle enforcement when there is insufficient of DUI.

    To convict a person of a DUI offense , it is necessary to show________that all the elements of the offense were present.

    beyond a reasonable doubt

    After a driver under 21 years of age is issued a ________in a DUI investigation, then her or she should be released , as according to agency policies and procedures.

    notice of suspension

    Effective DUI enforcers______immediately decide whether to arrest or not arrest a driver .

    do not

    Sometimes there are DUI contacts in which

    Phase Three never occurs, so you would not administer formal tests to the driver.

    The results of studies by NHTSA strongly suggests that

    the Standardized Field Sobriety Tests accurately discriminate alcohol concentration at 0.04 and above.

    Wait-Look for Additional Evidence. Phase __________ in a typical DUI investigation: Don't stop the vehicle yet; keep following and observing it a bit longer.

    one

    The results of studies by NHTSA provided clear evidence of the validity of the Standardized Field Sobriety Tests to support arrest decisions at, above, or below __________.

    0.08

    What are the main goals of DUI detection? Choose all that apply.

    ~ to present evidence in DUI in court.
    ~ to identify the three phases in DUI detection.
    ~ to take adequate field notes and write comprehensive reports.

    In DUI detection, your duty is to

    carry out whatever tasks are appropriate and to make sure that all evidence of DUI is brought to light.

    Phase __________ in a typical DUI contact would not occur when the driver is so impaired or injured that he or she cannot perform the tests, or he or she refuses to submit to the tests.

    three

    In each phase of DUI detection, you must

    determine whether there is sufficient evidence to establish the reasonable suspicion necessary to proceed to the next step in the detection process.

    Each of the major decisions of in a typical DUI investigation can have any one of three different outcomes. Which is NOT one of the three outcomes?

    Maybe-Call for Assistance

    The most successful DUI detectors are those officers who do what? Select all that apply.

    ~ have the skills to ask the right Kinds of questions
    ~ make the correct observations.
    ~ choose and use the right types of test.
    ~ know what to look and listen for.
    ~ are motivated and apply their knowledge and skills.

    Sometimes contact with a detection officer is absent in Phase __________ in cases in which the driver is passed out behind the wheel of a vehicle that is not in motion.

    one

    A(n) __________ is any substance that, when taken into the human body, can impair the ability of the person to operate a vehicle safely.

    drug

    Some drug-impaired drivers

    look and act very differently from alcohol-impaired drivers.

    Wait-Look for Additional Evidence. Phase __________ in a typical DUI investigation: Don't arrest the driver yet; administer another field sobriety test before deciding.

    three

    Yes-Do It Now. Phase __________ in a typical DUI investigation: Yes, there is reasonable suspicion to stop the vehicle.

    one

    Phase __________ in a typical DUI investigation: Pre-arrest screening-administration of some structured field sobriety tests (SFSTs) to the driver to determine impairment.

    three

    All drug-impaired drivers are

    dangerous to themselves and to everyone else on the road

    Match the following phases of No-Don't Do It (in a typical DUI investigation) with their correct descriptions.

    ~ no, there are no grounds for stopping the vehicles.
    ~ no, there isn't enough evidence of DUI to justify administering field sobriety tests.
    ~ no, there is not probable cause to believe the driver has committed DUI.

    Wait-Look for Additional Evidence. Phase __________ in a typical DUI investigation: Don't get the driver out of the car yet; keep talking to and observing the driver a bit longer. (This option may be limited if the officer's personal safety is at risk.)

    two

    Yes-Do It Now. Phase __________ in a typical DUI investigation: Yes, there is enough reason to suspect subject impairment to justify getting the driver out of the vehicle for further investigation.

    two

    Yes-Do It Now Phase __________ in a typical DUI investigation: Yes, there is probable cause to arrest the driver for DUI right now.

    three

    Contact with a detection officer could be absent in Phase __________ at the scene of a traffic crash or when you have responded to a request for motorist assistance.

    one

    Some drug-impaired drivers look and act very much like

    alcohol-impaired drivers.

    An impaired driver may have difficulty in

    signaling

    steering

    controlling the accelerator

    making decisions (whether to stop, turn, speed up, slow down, etc.).

    Polydrug use often __________ impairment.

    increases

    __________ is the ability to concentrate on two or more tasks at the same time.

    divided attention

    A drug __________ expert (DRE) is specially trained and certified in investigations involving drug-impaired drivers.

    recognition

    __________ impairment can be observed during the three phases of DUI detection.

    divided attention

    What are some driver behaviors and physical reactions that may suggest an impaired driver may be under the influence of medication (both prescribed and obtained illegally)? Choose all that apply.

    ~ the absence of odor of alcoholic beverages.
    ~ the driver ( or passenger) may volunteer information regarding use of medication.
    ~ the driver's license may indicate insulin dependence.
    ~prescription bottles, leftover pills , or drug paraphernalia may be in the driver's possession or in the vehicle.

    One effect of polydrug use is called __________, in which one drug affects some indicator of impairment, and the other drug has no effect whatsoever on that indicator.

    overlapping

    Impairment can occur

    unintentionally through the use of alcohol and prescription medication.

    One effect of polydrug use is called __________, in which drugs from two categories may produce some effects that are exactly opposite, but, in combination, the effects are difficult to predict.

    antagonistic

    A drug __________ expert (DRE) will be able to testify in court in great detail and provide expert opinions regarding drug impairment.

    recognition

    One effect of polydrug use is called __________, in which neither drug has an effect on the indicator

    null

    Alcohol will cause HGN, but marijuana will not cause HGN. Therefore, HGN will be present. This is an example of a polydrug __________ effect

    overlapping

    If the effects of a prescribed medication impair a driver's ability to drive, the driver should .

    be treated the same as someone impaired by illegal drugs or alcohol

    Cocaine dilates the pupils, and heroin constricts the pupils. The eyes may be dilated, constricted, or normal. This is an example of a polydrug __________ effect.

    antagonistic

    __________ use is using drugs from two or more drug categories simultaneously.

    polydrug

    Neither a Central Nervous System Stimulant nor a Narcotic Analgesic will cause Horizontal Gaze Nystagmus; therefore, HGN will not be present. This is an example of a polydrug __________ effect.

    null

    An officer who has a suspended drug-impaired driver should consider contacting a local __________ to assist in the investigation, per agency policy.

    DRE

    One effect of polydrug use is called __________, in which drugs from two categories both affect some indicator in the same way, and these effects reinforce each other when combined.

    additive

    An impaired driver tends to concentrate on only the __________ parts of driving and disregard the __________ parts, often creating unexpected or dangerous situations for other drivers.

    most important or critical / less important.

    CNS Stimulants and Hallucinogens both cause pupil dilation; therefore, pupils will be dilated. This is an example of a polydrug __________ effect.

    additive

    The critical element in the visual cue (to DUI) called __________ is that there is no observable justification for the vehicle to stop in the traffic lane.

    stopping in Lane for NO Apparent Reason

    __________ is a visual cue to DUI in which the driver is unusually slow to respond to an officer's lights, siren, or hand signals.

    slow or Failure to Respond to Officer's Signals.

    A __________ is a reminder, prompt or a signal to do something, e.g., take enforcement action or observe the vehicle more closely.

    cue

    In DUI Detection Phase __________, your attention may be drawn to the vehicle by things such as it committing a traffic violation, an equipment violation, having an expired registration, or making unusual driving actions such as weaving within a lane or moving at slower than normal speed. You may also view evidence of drinking or drugs in the vehicle.

    one

    In Phase One of DUI Detection, what questions may be helpful for you to ask yourself? Choose all that apply.

    ~ how does the driver respond to my signal to stop?
    ~ how does the d river handle the vehicle during the stopping sequence?
    ~ what is the vehicle doing?
    ~ do I have grounds to stop the vehicle?

    __________ is a visual cue to DUI in which the observed vehicle exhibits a longer than normal response to a change in traffic signal.

    slow response to traffic signals

    The visual cue to DUI called __________ occurs when you observe inconsistencies such as failing to signal a turn or a lane change, signaling opposite to the turn or lane change executed, signaling constantly with no accompanying driving action, and driving with four-way hazard flashers on.

    Failure to Signal or Signal Inconsistent with Action

    __________ is a visual cue to DUI which occurs when the vehicle moves straight ahead with the center or lane marker between the left-hand and right-hand wheels.

    Straddling a Lane Line.

    One visual cue to DUI is __________. This occurs when the vehicle is heading into opposing or crossing traffic by driving in the opposing lane, backing into traffic, failing to yield the right-of-way, or driving the wrong way on a one-way street.

    Driving in Opposing Lanes or Wrong Way on a One-way Street

    One visual cue to DUI is __________. The observed vehicle almost strikes a stationary object or another moving vehicle.

    Almost Striking Object or Vehicle

    Based on your observation in Phase __________ of DUI Detection, you must decide whether there is reasonable suspicion to command the driver to stop.

    one

    __________ is a visual cue to DUI in which the observed vehicle is being driven without headlights during a period of the day when headlights are required.

    Driving Without Headlights

    __________ is a visual cue to DUI. Extreme cases of this cue occur when the vehicle's wheels cross the lane lines before correction is made.

    Weaving Across Lane Lines

    DUI Detection Phase One __________ when an officer observes the vehicle in motion.

    begins

    One visual cue to DUI is __________. This is alternating between speeding up and slowing down.

    Varying Speed

    The visual cue (to DUI) of __________ encompasses any acceleration or deceleration that is significantly more rapid than that required by the traffic conditions. Rapid acceleration might be accompanied by breaking traction; rapid deceleration might be accompanied by an abrupt stop.

    Accelerating or Decelerating Rapidly

    The _______ task in Phase One of DUI Detection is to observe the vehicle in operation.

    first

    One visual cue to DUI is __________. During a turn, the radius defined by the distance between the turning vehicle and the center of the turn is greater than normal. The vehicle may drive wide in a curve.

    Turning with Wide Radius

    __________ is a visual cue to DUI in which the vehicle is traveling at a speed that is 10 mph or more below the speed limit.

    slow speed

    The ________ task in Phase One of DUI Detection is to observe the stopping sequence.

    second

    One visual cue to DUI is __________. It is a straight-line movement of the vehicle at a slight angle to the roadway. As the driver approaches a marker or boundary (lane marker, center line, edge of the roadway), the direction of drift might change. This can occur within a single lane, across lanes, across the center line, or onto the shoulder.

    drifting

    __________ is a visual cue to DUI which occurs when the vehicle alternately moves toward one side of the road-then the other, creating a zigzag course. The pattern of lateral movement is relatively regular as one steering correction is closely followed by another.

    weaving

    A visual cue to DUE consists of __________. This may include stopping abruptly or too far from a curb, at an inappropriate angle, too short or beyond the intersection limit line, or with a jerking motion.

    stopping problems

    __________ , a visual cue to DUI, is an abrupt turn away from a generally straight course. It might occur after a period of drifting when the driver discovers the approach of traffic in an oncoming lane or discovers that the vehicle is going off the road. It may also occur as the driver executes an abrupt turn to return the vehicle to the traffic lane.

    swerving

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