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FDLE OBJ- DUI STOP

FDLE DUI TRAFFIC STOPS

QuestionAnswer
When you see BoB it means that is the def in the back of the book
The process by which alcohol enters the bloodstream Absorption -BOB
The limit at which an individual is presumed impaired and cannot legally operate a vehicle; expressed in terms of grams of alcohol in every 100 milliliters Blood alcohol concentration (BAC) -BOB
The limit at which an individual is presumed impaired and cannot legally operate a vehicle; expressed in grams of alcohol per 210 liters of breath Breath alcohol concentration (BrAC) -BOB
The process by which the bloodstream carries alcohol to the body's tissues and organs Distribution -BOB
The process by which alcohol is expelled from the body which includes breath, sweat, tears, and saliva Elimination -BOB
The biological process by which the body breaks down substances into compounds that are more readily excreted Metabolism -BOB
Being physically in or on the vehicle and having the capability to operate the vehicle Actual physical control -BOB
Operating a vehicle while impaired by use of alcohol or drugs Driving under the influence (DUI) -BOB
Fact that any person who accepts the privilege of driving in Florida has consented to submit to an approved chemical test to determine the alcohol content or the presence of a chemical and/or controlled substance in their breath/blood/urine Implied consent -BOB
The ability to see, hear, walk, talk, judge distances, drive an automobile, make judgment, act in emergencies, and normally preform the mental and physical acts of daily life Normal faculties -BOB
Field sobriety tests that measure a person's ability to perform both mental and physical tasks simultaneously Psychophysical tests -BOB
The psychophysical tests given to determine impairment Standard Field Sobriety Tests (SFST) -BOB
Every device in, upon, or by which any person or property may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks Vehicle -BOB
Anywhere in Florida, whether on roadways, or public or private property Within the state -BOB
Something that leads to the solution of a problem, such as a fingerprint or DNA evidence Clue -BOB
A reminder or promoting as a signal to do something, i.e., take enforcement action or observe the vehicle more closely Cue -BOB
The ability to concentrate on two or more things at the same time Divided attention -BOB
The entire process of identifying and gathering evidence to determine whether or not a subject should be arrested for a DUI violation DUI detection -BOB
An involuntary jerking of the eyes as they move to the side Horizontal Gaze Nystagmus (HGN) -BOB
The condition where the gaze of the eye has moved as far as it can go towards the shoulder and who white is visible at the outside of the eye Maximum deviation -BOB
An involuntary jerking of the eyes Nystagmus -BOB
The involuntary jerking of the eyes as they move upward are held at maximum deviation Vertical Gaze Nystagmus (VGN) -BOB
An involuntary jerking of the eyes caused by a disruption of the central nervous system Neurological Nystagmus -BOB
An involuntary jerking of the eyes which can occur as a result of brain tumors, other brain damage, or some diseases of the inner ear Pathological Nystagmus -BOB
An involuntary jerking of the eyes caused by movement or action to the vestibular (inner ear) system Vestibular Nystagmus -BOB
A pain-relieving drug Analgesic -BOB
Any substance that, when taken into the human body, can impair ability of a person to operate a vehicle safely Drug -BOB
A substance that induces sleep Narcotic -BOB
When a person uses two or more drug categories simultaneously Polydrug use -BOB
1 1
The section of DUI Traffic Stops has been modified to be specific for the state of Florida from the: DWI Detection and Standardized Field Sobriety Testing course
DWI Detection and Standardized Field Sobriety Testing course is produced by the: National Highway Traffic Safety Administration (NHTSA)
NHTSA stands for National Highway Traffic Safety Administration
NHTSA uses the the DWI "driving while impaired" and Florida law uses: DUI "driving under the influence"
DUI is both a societal and law enforcement problem where the ultimate goal is to reduce the number of impaired drivers through: Prevention, education and deterrence
The legal consequences of a DUI conviction include: Monetary fines, imprisonment, and temporary or permanent loss of driving privileges
The other parties who contribute to the prevention and deterrence of DUIs are: Legislators, prosecutors and media
The key to DUI deterrence is: DUI detection
Alcohol is the most abused drug in the United States and is a depressant which affects the: Central nervous system
Is the active ingredient in beer, wine, whiskey, liquors, etc.: Alcohol
Alcohol effects on the body include: Loss of fine motor skills, hand/eye coordination, and judgment
The absorption rate of alcohol varies based on many factors including: Person's weight and gender, whether and how much food he or she has eaten, alcohol concentration of the substance consumed
The average alcohol elimination rate of humans is .015% per hour
The degree to which the person is affected by alcohol depends on: How much is consumed, length of time over which the alcohol is consumed, gender and physical size of person, whether or not the person has eaten, and various other factors
Blood alcohol concentration (BAC) and Breath alcohol concentration (BrAC) set the limit an individual is presumed impaired and cannot legally operate a vehicle, and is established by: Florida law, F.S. 316.193
F.S. 316.193 establishes that the limit of Blood alcohol concentration (BAC) is: 0.08(BAC)
F.S. 316.193 establishes that the limit of Breath alcohol concentration (BrAC) is: 0.08 (BrAC)
Blood alcohol concentration (BAC) is expressed in terms of grams of alcohol: In every 100 milliliters of blood
Breath alcohol concentration (BrAC) is expressed in terms of grams of alcohol: Per 210 liters of breath
The limit of 0.08 may refer to: Blood alcohol level or the breath alcohol level
Refers to a person who is driving, who has drive, or who is in actual physical control of a vehicle while impaired by alcohol or certain substances that adversely affect the auditory, visual, or mental processes: Driving under the influence (DUI)
If a person who is asleep or passed out in the front seat of a vehicle in the front seat of a vehicle with the key in the ignition, in his/her pocket, on seat next to him, can be arrested, because: He or she is in actual physical control of the vehicle
The term, vehicle, is defined in Florida Statue: 316.00(75)
According to court case Howard v. State, expanded the term of vehicle in which a person may be charged with a DUI to include: Bicycles, scooters, ATVs, go-carts, golf carts, etc.
May a person be arrested for DUI even though he or she never drove onto a road or highway? Yes
If alcohol concentration was 0.05 or below the jury must presume that violator: Was not under the influence of alcoholic beverages to the extent that his/her normal faculties were impaired
If alcohol concentration was 0.05 but less than 0.08 the jury must presume that violator: Was not under the influence of alcoholic beverages to the extent that his/her normal faculties were impaired. But may be considered with other competent evidenc
If alcohol concentration was 0.05 but less than 0.08, to determine whether the person was under the influence of alcoholic beverages to were normal faculties were impaired, the alcohol concentration may be considered with other compent evidence such as: Driving pattern, personal contact, and standardized field sobriety tests
If alcohol concentration was 0.08 or higher the jury must presume that violator: Was under the influence of alcoholic beverages to the extent that his/her normal faculties were impaired
Typically when dealing with Standardized Field Sobriety Tests Miranda warnings are: Not required prior to administering test, officers should always rely on agency policies and procedures
Florida law provides the following definition of driving under the influence in F.S. section 316.193 as: Under the influence of alcoholic beverages or any chemical in F.S. 877.111 that affects normal faculties; Blood-alcohol level of 0.08 or more grams of alcohol per 100mL of blood; Breath-alcohol level of 0.08 or more grams of alcohol per 210L of blood
Any person who accepts the privilege of driving in FL has consented to submit to an approved chemical test to determine the alcohol content or the presence of a chemical and/or controlled substance in their: Breath, blood or urine
Implied Consent Warning states "If you fail to submit to the test I have requested of you, your privilege to operate a motor vehicle will be: Suspended for a period of one (1) year for a first refusal, or eighteen (18) months if your privilege has been previously suspended as a result of a refusal to submit to a lawful test of the breath, blood, or urine
Refusing to submit to the Implied Consent Warning test the violator is subject to the following outcomes: Driver's License suspended for 1 year; if previously refused then 18 months; and also committing a misdemeanor (1st degree)
The breath test will be administered by a permitted: Breath Test Operator
To determine whether the violator has previously refused to submit to a chemical breath/blood/urine test, the officer can discover or verify by checking: FCIC/NCIC, DAVID, and/or criminal history
The charge of a DUI Second(or subsequent) Refusal is what level of offense: Misdemeanor of the first degree
If a breath test result is below a 0.08 and an officer has probable cause to believe that the subject is impaired by a substance(s) other than alcohol the officer should: Request a urine test
Even if a breath sample was provided and the subject refuses the urine best the officer must charge him or her with a: DUI Refusal
According to F.S. 316.1932(1)(f)2.a and F.S. 316.1933(2)(a) the drawing of blood is authorized by: Only specified personnel
An officer is responsible for ensuring that the blood is drawn according to established procedures and needs to verify the following: Blood kit is not expired, blood is collected in the appropriate vial, an authorized person collects the blood, the vial labels contain the subject's name, date, and time the blood was collected as well as the initials of the person drawing the blood
If the driver of a commercial motor vehicle is arrested for a violation of F.S. 316.193 or is in possession of a controlled substance while operating or in actual physical control of a motor vehicle the driver may be subject to: Loss of his or her commercial driver license (CDL) for a period of one year
A commercial driver may have his or her CDL suspended for a period of one year if he or she is: Arrested or is in possession of a controlled substance while operating or in actual physical control of vehicle; refuses to submit to breath/blood/urine test; driving a commercial motor vehicle with an alcohol concentration of 0.04 or higher
If an officer suspects a DUI violation he or she should conduct a DUI investigation utilize the same process for determining impairment, they are: Conduct the SFSTs, follow arrest procedures, administer the chemical or physical tests, and completed documentation
If an officer is involved in a DUI investigation with a driver under the age of 21 the officer should utilize the same process for determining impairment, they are: Conduct the SFSTs, follow arrest procedures, administer the chemical or physical tests, and completed documentation
A driver 21 or younger is subject to administrative penalties, the officer should take the license and issue a Notice of Suspension if: The driver's alcohol concentration level is at or above 0.02; or he or she refuses to submit to a breath/blood/urine test
According to Whren v. U.S., 517 U.S. 806 (1996), the court held that the standard for traffic stops was: A reasonable suspicion was required; probable cause was not the threshold requirement
The DUI detection process begins when the: Officer first suspects that an individual may be driving under the influence and ends when the officer determines that there is or is not sufficient probable cause to arrest the subject for DUI
The typical DUI contact involves how many phases? Three phases
The three phases of a typical DUI contact are: Phase One: Vehicle in motion. Phase Two: Personal contact. Phase Three: Pre-arrest screening
Which phase of the DUI contact is the following: You usually observe the driver operating the vehicle Phase 1
Which phase of the DUI contact is the following: After you have stopped the vehicle, there usually is an opportunity to observe and speak with the driver face-to-face Phase 2
Which phase of the DUI contact is the following: You usually administer some formal structured field sobriety tests to the driver to determine impairment Phase 3
Phase One of the DUI contact is constructed of two tasks. The first part is to observe the vehicle in operation, the second task is: Observe the stopping process
List some of the questions that may be helpful during Phase 1 of the DUI contact process: What is the vehicle doing? Do I have grounds to stop the vehicle? How does the driver respond to my signal to stop? How does the driver handle the vehicle during the stopping sequence?
Phase Two of the DUI contact is constructed of two tasks. The first task is to observe and interview the driver face-to-face. The second tasks is: Observe the driver's exit and walk from the vehicle
List some of the questions that may be helpful during Phase 2 of the DUI contact process: When I approach vehicle, what do I see? When I talk with the dr., what do I hear/see/smell? How does the dr. respond to my ?s ? Should I instruct dr. to exit the vehicle? How does the dr. exit? When the dr. walks toward the side of the road what do I see?
Phase Three of the DUI contact is the task of: Administer structured, formal psychophysical test.
List some of the questions that may be helpful during Phase 3 of the DUI contact process: Should I administer field sobriety tests to the driver? How does the driver perform those tests? What exactly did the driver do wrong when performing the tests? D I have probable cause to arrest for DUI?
The questions that the officer should ask during the DUI contact process, can have one of three different outcomes and they are: Yes- Do It Now, Wait- Look for Additional Evidence, No- Don't Do It
The common effects of alcohol on the driver's mental and physical faculties lead to predictable driving violations and vehicle operating characteristics, these include: Slow reactions, impaired judgment as evidenced by a willingness to take risks, impaired vision, poor coordination
The visual cues to DUI are divided into 6 different categories and contain 24 cues, the categories are: Problems maintaining proper lane position, Speed & braking problems, Vigilance problems, Judgment Problems, Post stop cues, Visual detection of DUI motorcyclists
Weaving and swerving fall under what categories of Initial Observations: visual cues to DUI: Problems maintaining proper lane position
Occurs when the vehicle alternately moves toward one side of the roadway and 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
Abrupt turn away from a generally straight course. Might occur after period of drifting when driver discovers the approach of traffic in oncoming lane or discovers the vehicle is going of the road, turn is executed to return to traffic lane Swerving
Improper or Unsafe Lane Change falls under what categories of Initial Observations: visual cues to DUI: Judgment Problems
The driver takes risks or endangers others by frequently or abruptly changing lanes without regard to other motorists. Improper or Unsafe Lane Change
Medical conditions may mimic drug- or alcohol-induced impairment so officers should check for: Medical restrictions on the driver's license and look for a medical alert ID bracelet
Some medical conditions that may cause abnormal behavior that may mimic drug- or alcohol-induced impairment are: Epilepsy, diabetes, injury to the head, or cognitive problems (dementia or Alzheimer's)
The task in Phase Three of the DUI contact process is to administer three scientifically validated psychophysical (field) sobriety tests, they are: Horizontal Gaze Nystagmus, Walk-and-Turn, One-Leg Stand
During the HGN test the maximum number of clues that may appear in one eye is three, the maximum number for any subject is: 6
Research shown to be accurate 77% of the time it is likely that the subject's alcohol concentration is above 0.10 if during the HGN: Four or more clues are evident
Methods of assessing a subject's mental and physical impairment: Psychophysical tests
Is a test that has been validated through extensive research by NHTSA and is divided attention test consists of two stages, they are: Instructions Stage and Walking Stage
In the Walking Stage of the Walk-and-Turn, describe actions the subject is to execute: Take nine heel-to-toe steps, turn in a prescribed manner, and takes nine heel-to-toe steps back, while counting the steps out loud and watching his/her feet
Research has been shown to be accurate 68% of the time that a subject is likely to be above a 0.10 alcohol concentration if during the Walk-and-Turn exhibits: Two or more of the clues or cannot complete the test
The decision whether to arrest the subject is the culmination of all the evidence accumulated during: The DUI detection process
When were extensive scientific research studies were sponsored by NHTSA through a contract with the Southern California Research Institute (SCRI) to determine roadside field sobriety teste were the most accurate Beginning in late 1975. Published the following three reports: California- 1977(Lab); California- 1981(Lab & Field); Maryland, District of Columbia, Virginia, North Carolina- 1983 (Field)
NHTSA analyzed the laboratory test data and found that the HGN by itself was accurate: 77%
NHTSA analyzed the laboratory test data and found that the WAT by itself was accurate: 68%
NHTSA analyzed the laboratory test data and found that the OLS by itself was accurate: 65%
NHTSA analyzed the laboratory test data and found that by combining the HGN and WAT was accurate: 80% can be achieved
The roadside test to detect HGN includes three clues, they are: Lack of smooth pursuit, Distinct and sustained nystagmus at maximum deviation, Onset of nystagmus prior to 45-degrees
The officer can observe the eyes jerk of bounces as the eyes follow a smoothly moving stimulus Lack of smooth pursuit
Will be evident when the eye is held at maximum deviation for a minimum of four seconds: Distinct and sustained nystagmus at maximum deviation
If the point at which the eye is first seen jerking begins prior to 45 degrees Onset of nystagmus prior to 45-degrees
The stimulus should be positioned approximately 12-15 inches from: Subject's nose and slightly above eye level
Based on research the HGN Test is about 77% accurate, it is likely that the subject's alcohol concentration is above 0.10 if the officer observes: Four or more cues
Based on research the WAT Test is about 68% accurate, it is likely that the subject's alcohol concentration is above 0.10 if the officer observes: Two or more clues on this test or fails to complete it
Based on research subjects who display a combination of 4 or more clues of HGN and 2 or more clues on WOT can be classified as above 0.10 alcohol concentration about: 80% of the time
Relating to the OLS, research has shown a person with an alcohol concentration above 0.10 can maintain balance for up to: 25 seconds, but seldom as long as 30 seconds
Drugs that may impair drivers are classified into how many categories: Seven broad categories
Drugs are classified in a category based on: The observable signs and symptoms they produce
This category of drug includes a large number of different drugs, all of which slow down the operation of the brain and other parts of the central nervous system (CNS): Central Nervous System Depressants
Alcohol, Valium, Xanax and Soma are examples of: Central Nervous System Depressants
This category of drugs acts quite differently from depressants and impair drivers by speeding up or overstimulating the brain: Central Nervous System Stimulants
Cocaine and methamphetamine are examples of: Central Nervous System Stimulants, CNS stimulants
This category of drug includes both natural substances and synthetic chemicals, impair user's ability to perceive the world as it really is: Hallucinogens
Are examples of naturally occurring hallucinogens: Peyote and psychedelic mushrooms
Are examples of synthetic hallucinogens: LSD and ecstasy
A subject's eyes often disclose some important, easy-to-observe indicators of drug influence or medical impairment, there are especially five eye examinations helpful, they are: Pupil size, Resting nystagmus, Tracking ability, Horizontal gaze nystagmus, Vertical gaze nystagmus
The size of a person's pupils changes naturally in response to various light conditions, usually the diameter of the pupils: Constricts in bright light and dilates in darkness
If two pupils are noticeably different is size, the subject may be: Suffering from an injury or medical condition, or have artificial eye
Subjects under the influence of narcotic analgesics will have pupils that are generally: Constricted
Subjects under the influence of CNS stimulants, hallucinogens, or cannabis will generally have pupils that are: Dilated
Some indicators found in the driver's possession or in the vehicle that may suggest that an impaired driver may be under the influence of medication or affected by a medical condition, they are: Absence of the odor of alcoholic beverages, medical alert bracelet, medical alert information card, prescription bottles, leftover pills, or drug paraphernalia
The driver may be in possession of prescription medication legally, but if the effects of the prescribed medication impair the driver's ability to drive, the driver should be: Treated the same as someone impaired by illegal drugs or alcohol
The processing stage of an arrested subject is the bridge between: The arrest and conviction of a DUI offender
Created by: goarmy on 2010-07-09



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