Does the average DWI offender fear arrest? Correct Ans - no
What is the biggest deterrent for young LEO's from conducting DUI arrests?
Correct Ans - lack of confidence
______ + ______ = alcohol Correct Ans - yeast + sugar
What type of alcohol do we consume? Correct Ans - ethanol
What type of drug is alcohol? Correct Ans - a CNS depressant
What is the name of the enzyme that aids the metabolism of alcohol?
Correct Ans - alcohol dehydrogenase enzyme
How quickly will the average person's BAC drop per hour? Correct Ans
- 0.015
"The number of grams of alcohol found in 100 milliliters of the person's
blood" = ? Correct Ans - BAC
BAC is the number of _____ of alcohol in every 100 milliliters of blood.
Correct Ans - grams
In which organ of the body does most of the metabolism of the alcohol take
place? Correct Ans - liver
TN's DUI Statute? Correct Ans - 55-10-401
According to TN's DUI statute, it's illegal for anyone to be in physical
control of a motor driven vehicle while doing what 3 things? Correct
Ans - 1. under the influence of some substance that causes mental and
physical impairment;
2. the person's BAC is 0.08 or above;
3. BAC of 0.04 or more and it's a commercial motor vehicle
What case law determined that "physical control of a vehicle" is defined by
the totality of the circumstances, such as the location of the suspect,
, whereabouts of ignition key, if the motor was running, the suspect's ability
to direct the use/non-use of the vehicle, or the extent of the vehicle being
able to be operated or moved under its own power? Correct Ans -
State v. Lawrence
What motorcycles won't qualify for DUI? Correct Ans - those under
50 cc
Does a motorized wheelchair qualify for DUI? Correct Ans - no
Can you use HGN in a jury court testimony? Correct Ans - no, but
you can use it to determine probable cause
What are the 3 elements of a DUI? Correct Ans - 1. driving/in
control of a motor vehicle, 2. on a public road or premises frequented by
the public, 3. while under the influence
"It is unlawful for any person to drive/be in physical control of any motor
vehicle on a public road or premises frequented by the public at large while
having a BAC at or above 0.08" = ? Correct Ans - per se statute
DUI vs Per Se? Correct Ans - DUI = driving while under the
influence;
Per Se = driving while having more than legal percent % of alcohol in blood
What does the chemical test prove for a DUI? What about for a Per Se?
Correct Ans - DUI -> additional evidence of impairment;
Per Se -> creates an inference of guilt
When making a DUI arrest, can you assume that chemical tests will be
available? Correct Ans - no
"Any person who operates a vehicle within the state of TN is deemed to
have consented to a breath test to determine the driver's BAC (but only if
the LEO has probable cause to believe the defendant was DWI)" = ?
Correct Ans - implied consent law
If a driver suspected of DUI refuses chemical tests, you can argue that this
is a what? Correct Ans - inference of guilt