TLETA WEEK 9 EXAM QUESTIONS AND ANSWERS #12
Does the average DWI offender fear arrest? - correct answer no
What is the biggest deterrent for young LEO's from conducting DUI arrests? - correct
answer lack of confidence
______ + ______ = alcohol - correct answer yeast + sugar
What type of alcohol do we consume? - correct answer ethanol
What type of drug is alcohol? - correct answer a CNS depressant
What is the name of the enzyme that aids the metabolism of alcohol? - correct answer
alcohol dehydrogenase enzyme
How quickly will the average person's BAC drop per hour? - correct answer 0.015
"The number of grams of alcohol found in 100 milliliters of the person's blood" = ? -
correct answer BAC
BAC is the number of _____ of alcohol in every 100 milliliters of blood. - correct answer
grams
In which organ of the body does most of the metabolism of the alcohol take place? -
correct answer liver
TN's DUI Statute? - correct 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? - correct 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? -
correct answer State v. Lawrence
What motorcycles won't qualify for DUI? - correct answer those under 50 cc
Does a motorized wheelchair qualify for DUI? - correct answer no
, Can you use HGN in a jury court testimony? - correct answer no, but you can use it to
determine probable cause
What are the 3 elements of a DUI? - correct 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" = ? - correct answer per se statute
DUI vs Per Se? - correct 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? - correct
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? -
correct 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)" = ? - correct answer implied consent law
If a driver suspected of DUI refuses chemical tests, you can argue that this is a what? -
correct answer inference of guilt
PBT? - correct 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)? - correct answer State v Murphy
What case law determined that, in TN, HGN can be used to determine probable cause?
- correct answer State v Roscoe
The _____ permits warrantless breath tests incident to arrest. - correct answer 4th
amendment
The intrusiveness of blood tests requires 1 of what 3 things? - correct 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
Does the average DWI offender fear arrest? - correct answer no
What is the biggest deterrent for young LEO's from conducting DUI arrests? - correct
answer lack of confidence
______ + ______ = alcohol - correct answer yeast + sugar
What type of alcohol do we consume? - correct answer ethanol
What type of drug is alcohol? - correct answer a CNS depressant
What is the name of the enzyme that aids the metabolism of alcohol? - correct answer
alcohol dehydrogenase enzyme
How quickly will the average person's BAC drop per hour? - correct answer 0.015
"The number of grams of alcohol found in 100 milliliters of the person's blood" = ? -
correct answer BAC
BAC is the number of _____ of alcohol in every 100 milliliters of blood. - correct answer
grams
In which organ of the body does most of the metabolism of the alcohol take place? -
correct answer liver
TN's DUI Statute? - correct 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? - correct 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? -
correct answer State v. Lawrence
What motorcycles won't qualify for DUI? - correct answer those under 50 cc
Does a motorized wheelchair qualify for DUI? - correct answer no
, Can you use HGN in a jury court testimony? - correct answer no, but you can use it to
determine probable cause
What are the 3 elements of a DUI? - correct 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" = ? - correct answer per se statute
DUI vs Per Se? - correct 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? - correct
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? -
correct 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)" = ? - correct answer implied consent law
If a driver suspected of DUI refuses chemical tests, you can argue that this is a what? -
correct answer inference of guilt
PBT? - correct 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)? - correct answer State v Murphy
What case law determined that, in TN, HGN can be used to determine probable cause?
- correct answer State v Roscoe
The _____ permits warrantless breath tests incident to arrest. - correct answer 4th
amendment
The intrusiveness of blood tests requires 1 of what 3 things? - correct 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
