TLETA Week 9 Exam Questions and Answers

TLETA Week 9 Exam Questions and Answers Does the average DWI offender fear arrest? - Answer ️️ -no What is the biggest deterrent for young LEO's from conducting DUI arrests? - Answer ️️ -lack of confidence ______ + ______ = alcohol - Answer ️️ -yeast + sugar What type of alcohol do we consume? - Answer ️️ -ethanol What type of drug is alcohol? - Answer ️️ -a CNS depressant What is the name of the enzyme that aids the metabolism of alcohol? - Answer ️️ -alcohol dehydrogenase enzyme How quickly will the average person's BAC drop per hour? - Answer ️️ -0.015 "The number of grams of alcohol found in 100 milliliters of the person's blood" = ? - Answer ️️ -BAC BAC is the number of _____ of alcohol in every 100 milliliters of blood. - Answer ️️ -grams In which organ of the body does most of the metabolism of the alcohol take place? - Answer ️️ -liver TN's DUI Statute? - Answer ️️ -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? - Answer ️️ -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? - Answer ️️ -State v. Lawrence What motorcycles won't qualify for DUI? - Answer ️️ -those under 50 cc Does a motorized wheelchair qualify for DUI? - Answer ️️ -no Can you use HGN in a jury court testimony? - Answer ️️ -no, but you can use it to determine probable cause What are the 3 elements of a DUI? - Answer ️️ -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" = ? - Answer ️️ -per se statute DUI vs Per Se? - Answer ️️ -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? - Answer ️️ -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? - Answer ️️ - 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)" = ? - Answer ️️ -implied consent law If a driver suspected of DUI refuses chemical tests, you can argue that this is a what? - Answer ️️ -inference of guilt PBT? - Answer ️️ -preliminary breath testing What case law determined that (in TN) HGN is scientific/technical/specialized knowledge, and must be offered through an expert witness (aka if you're not certified, you can't use it in court)? - Answer ️️ -State v Murphy What case law determined that, in TN, HGN can be used to determine probable cause? - Answer ️️ -State v Roscoe The _____ permits warrantless breath tests incident to arrest. - Answer ️️ -4th amendment The intrusiveness of blood tests requires 1 of what 3 things? - Answer ️️ -1. search warrant, 2. exigent circumstances, or 3. consent What case law said a breath test can be required as a search incident to lawful arrest even if there's not consent (because it's not intrusive), but you must get a search warrant for blood (or consent) because it's considered intrusive? - Answer ️️ -Birchfield v North Dakota Does a driver have the right to consult with an attorney before making decisions as to whether to submit to or refuse blood or breath alcohol tests? (aka Miranda) - Answer ️️ -no What is the purpose of a sobriety checkpoint? - Answer ️️ -to deter/prevent