DWI AND IMPLIED CONSENT OFFENSES

When the chemical analysis is a breath test, the chemical analyst must administer at least _____ breath tests.

2

GS 20-138.3, states that it is unlawful for a person under the age of ____ to drive a motor vehicle on a street, highway, or PVA after consuming alcohol or drugs.

21

If an operator is charged with DWI and refuses a chemical test for alcohol, his operators license may be revoked for:

30 days plus 1 year

The results of an alcohol screening device may be used: A: As evidence to establish probable cause B: To prove a driver with an open container of alcohol had consumed alcohol C: To prove a person under age 21 has consumed alcohol D: To prove a CMV operator or school bus driver has consumed alcohol E: TO prove a driver had a particular alcohol conentration F: All of the above G: A B C and D

A B C and D

A driver of a dump truck with a GVWR or 50,000 lbs is stopped on a highway. The driver presents a regular Class C license. The driver has been drinking. The driver has difficulty standing and refuses the alcohol screening device. The officer believes the driver is impaired. What charge(s), if any, may be charged? A: DWI B: DWI in a CMV C: Driving a CMV after drinking D: Both A and B E: A B and C

A B and C

An officer stops a driver of a 1997 Toyota Corona. The driver is impaired. A check of DMV records shows that the driver's license is revoked. The DMV records show that the passenger, who is seated in the front seat and is the wife of the driver, is the owner of the vehicle. The owner has not consumed any impairing substance and is completely sober. What charge(s), if any, may be brought against the PASSENGER? A: DWI B: Allowing a revoked driver to drive a motor vehicle C: A and B D: No charge

A and B

Based upon the previous question (question 64), prior to transporting the driver, the officer may: A: Frisk the driver for weapons B: Handcuff the driver if necessary for the officer's safety C: Search the driver D: A and B E: Cannot frisk, search, or handcuff the driver since he is not under arrest

A and B

A drunk driver of an automobile who causes a collision which results in serious injury should be charged with: A: DWI B: Assault with a deadly weapon inflicting serious injury C: Manslaughter D: All of the above E: A and B only

A and B only

A Chevy 4x4 truck with commercial tags is in the PVA of a convenience store. The driver is sitting in the vehicle and the engine is running. An officer approaches the driver and determines the driver is 19 years old, has been drinking, and is obviously impaired. What charge(s), if any, may be brought? A: DWI B: DWI in a CMV C: Driving while drinking by a person under age 21 D: All of the above E: A and C F: B and C

A and C

The choice between a breath test or a blood test is made by: A: The defendant B: A law enforcement officer C: The chemical analyst D: The magistrate

A law enforcement officer OR the chemical analyst

After a conviction for impaired driving under GS 20-138.1, the judge must hold a sentencing hearing to determine whether there are _______ or _______ factors that affect the sentence to be imposed.

Aggravating or Mitigating

An impairing substance includes which of the following: A: Alcohol B: Non-narcotic drugs C: Prescription drugs D: Malt beverage E: Narcotic drugs F: All of the above

Alcohol, non-narcotic drug, prescription drugs, malt beverage, and narcotic drugs

An officer investigating a crash involving an impaired driver may: A: Request the driver to submit to a breath test B: Request the driver to submit to a blood test C: Request the driver to submit to a urine test D: All of the above E: Only one of the above

All of the above

A person is observed doing wheel stands with a riding lawn mower on a street. Upon interviewing, the operator is obviously intoxicated and does not have a drivers license. He may be:

Arrested for DWI

A driver is stopped on a highway and produces a valid NC license showing the driver to be 17 years old. The driver does not appear impaired but has an odor of alcohol on her breath. The results of an alcohol screening device (Alco-Sensor) shows BAC of 0.03. There is also one open can of beer and the passenger in the front seat is 16 years old and has been drinking. What charge(s), if any, may be brought against the driver? A: DWI B: Driving after drinking by person under age 21 C: Transporting an open contained after consuming violation D: All of the above E: B and C only

B and C only

A person is asleep at the wheel of a car stopped at a traffic light. The motor is not running but the ignition key is on and the hood is warm. You recently passed this location and the vehicle was not present. Upon questioning this person, you determine he is obviously drunk. He should: A: Not be arrested since you did not see him drive B: Be taken to detoxification center for treatment C: Be arrested for driving while impaired D: Be arrested for disorderly conduct in a public place E: Be taken home by the officer

Be arrested for DWI

Use the same scenario as in the previous question, except the engine is running and the gear shift is in park. The person should: A: Not be arrested since you did not see him drive B: Be taken to detoxification center for treatment C: Be arrested for DWI D: Be taken home by the officer

Be arrested for DWI

Use the same scenario as in the previous question, except the vehicle is parked in a parking space on a residential street that you have not been on until this time. The person should: A: Not be arrested since you did not see him drive B: Be taken to a detoxification center for treatment C: Be arrested for disorderly conduct in a public place D: Be arrested for DWI E: Be taken home by the officer

Be arrested for DWI

When a driver who is involved in a traffic accident and suspected of DWI is taken to a hospital for admission, the appropriate chemical test to be administered is:

Blood test

A person requested to submit to a blood test has a right to: A: Call an attorney B: Select a witness to view the testing procedures C: Refuse to be tested D: All of the above E: None of the above

Call an attorney, select a witness to view the testing procedures, AND refuse to be tested

Who is required to inform a person arrested for DWI of his/her chemical analysis rights? A: Charging officer B: Chemical analyst C: Magistrate D: None of the above

Chemical analyst

List three grossly aggravating factors to be considered in sentencing a person convicted of DWI:

Conviction of an offense involving impaired driving within 7 years, driving while license revoked, serious injury to another person, AND transporting a child under 16 years of age

Which of the following are impairing substances? A: Coors beer B: MD 20-20 wine C: Cough syrup D: All of the above E: A & C only

Coors beer, MD 20-20 wine, and cough syrup

A person commits the offense of felony death by vehicle if he unintentionally causes the death of another person while engaged in the offense of:

DWI

The driver of a riding lawn mower is operating on a street, riding back and forth on both sides of the street. The officer stops the lawnmower and finds the driver to be impaired and has a revoked drivers license. What charge(s), if any, may be brought?

DWI

A driver is operating a U-haul truck with a GVWR of 30,000 lbs. The driver had rented the truck a week earlier and was on the way to turn in the truck. The driver has a regular Class B license. The driver does not appear impaired, but has been drinking and records a 0.05 on the alcohol screening device. What appropriate charge(s), if any, are appropriate?

DWI CMV GS 20-138.2

The driver of a Ford Ranger 4x4 is stopped. The Ranger has a commercial tag on the back. The driver presents the officer with a Class A CDL. The driver appears impaired and the result of an alcohol screening device (Alco-Sensor) test is 0.09. What charge(s), if any, are appropriate?

DWI GS 20-138.1

The driver of a moped is stopped. The driver is impaired and is revoked for a prior DWI. The driver presents a valid LDP to the officer. What charge(s), if any, may be brought?

DWI GS 20-138.1 (not a motor vehicle)

An officer stops a Chevy S-10 truck at 2am for weaving within his lane. The officer determines that the driver has been drinking and may be impaired. The officer asks the driver to take an alcohol screening test and the results are 0.10. The driver sees the results and asks for a pre-arrest test. The officer determines the driver to be impaired. What should the officer do?

Do not arrest the driver but require the driver to accompany him to the Intoxilyzer room

GS 20-138.7 refers to:

Drive after drinking with open container of alcohol beverage

A person who drives a vehicle in violation of a limited driving privilege should be charged with: A: NOL B: DWLR C: Second-degree murder D: None of the above

Driving while license revoked (DWLR)

T or F: A driver who refuses the chemical test and has their license taken by DMV will get his license back if found not guilty of the DWI.

FALSE

T or F: The offense of impaired driving (DWI) would not apply to a person with an BAC of more than 0.08 if he/she was operating a vehicle on a PVA such as a parking lot.

FALSE

T or F: The officer in question above could not arrest the individual until he rode the bicycle out of the parking lot.

FALSE

A person operating a commercial motor vehicle (CMV) may be convicted of DWI in a CMV pursuant to GS 20-138.2 when he or she is impaired or: A: Has an alcohol concentration of 0.02 B: Has an alcohol concentration of 0.04 C: Has an alcohol concentration of 0.08 D: All of the above E: B and C only

Has a BAC of 0.04 AND has a BAC of 0.08

A person may be convicted of DWI in a passenger vehicle when he/she: A: Has an alcohol concentration of 0.08 B: Has an alcohol concentration of less than 0.08 C: Is appreciably impaired by an impairing substance D: All of the above E: A & C only

Has a BAC of 0.08, has a BAC of less than 0.08, and is appreciably impaired by an impairing substance

A person is spinning a car around in his yard, cutting trenches in the dirt (AKA D-O-N-U-T-S). At the point where he crosses into his neighbor's yard, the officer has sufficient evidence to:

Has insufficient evidence to charge any of the offenses mentioned

A person 17 years of age is stopped for having a taillight out while driving his mother's car and is found to be impaired from alcohol. The officer: A: Has sufficient elements to charge for DWI B: May charge only for the taillight violation as the remained of evidence is "fruit of the poisonous tree" C: May not charge for DWI, as the person is a provisional licensee D: Has sufficient evidence to charge DWI and driving by a person under age 21 after consuming alcohol E: Cannot charge for both DWI and driving after drinking by a person under age 21 because it is double jeopardy F: Cannot charge for any of the above because the person is a juvenile

Has sufficient evidence to charge for DWI and another charge of driving by a person who is under age 21 whil consuming alcohol

An adult is driving a tractor trailer truck on I-85 and strikes a car. The truck driver staggers and has slurred speech, but when given the breath test, he registers only 0.05. The officer: A: Only has sufficient evidence to charge for DWI B: Has sufficient evidence to charge for two charges 1) DWI and 2) consuming alcohol in a PVA C: Has sufficient evidence to charge only for DWI in a CMV D: Has sufficient evidence to charge for two separate offenses: 1) DWI and 2) DWI in a CMV E: Cannot make any charge as the officer did not see the driving offense

Has sufficient evidence to charge for two separate offenses: DWI and DWI in a CMV

A person is impaired and operating a ten-speed bicycle and is weaving among parked cars and pedestrians in a shopping center parking lot. He nearly strikes two people. The officer:

Has sufficient evidence to charge the operator with DWI

A person may NOT be convicted of DWI pursuant to GS 20-138.1 when operating the following: A: Horse B: Lawn mower C: Bicycle D: Mule E: Tricycle F: All of the above G: A, B, and C only

Horse, lawn mower, and bicycle

A person who submits to a chemical analysis of the breath will have his/her drivers license revoked for 30 days: A: If the person has an alcohol concentration of 0.08 B: If the person has an alcohol concentration of 0.04 and was operating a commercial motor vehicle C: If the person was under age 21 and had an alcohol concentration of more than 0.00 D: All of the above E: A and B

If the person has a BAC of 0.08, if the person has a BAC of 0.04, AND if the person was under age 21 and had a BAC of more than 0.00

A driver is arrested for DWI and refuses to take the Intoxilyzer test. The driver appeals both to the criminal conviction of the DWI in district court and DMV's revocation. The arresting officer was required to testify: A: In superior court in the criminal case B: In superior court in the DMV revocation C: In both A and B D: The officer will not be required to testify

In both A and B

The odor of alcohol and an open container is _______ to convict for violating GS 20-138.7.

Insufficient

A driver is arrested for DWI. At the time of the arrest, the driver has her spouse and her 4 year old boy in the car. The child is in a child safety seat. Upon conviction for DWI, what is the minimum punishment for the driver?

Level 1

A driver is stopped on Feb 1, 1997 and charged with DWI. The driver is convicted on Sep 1, 1997. A check of DMV records shows a previous conviction of DWI. On the prior DWI, the driver was charged on Dec 1, 1989 and convicted on July 1, 1990. Upon conviction of DWI, what is the minimum punishment for the driver?

Level 2

A driver strikes a telephone pole and is charged with DWI. The collision results in a broken leg for the driver and a concussion and loss of 5 teeth for the passenger in the vehicle. Upon conviction of DWI, what is the MINIMUM punishment for the driver?

Level 2

Assume the driver in the previous question is convicted of DWI (GS 20-138.1) and driving after drinking by person under 21. Is the driver eligible for a LDP?

NO

Based upon the facts above, assume that the driver is convicted of driving after drinking by a person under age 21 (GS 20-138.3), after the driver has reached her 18th birthday. Is the driver eligible for a LDP?

NO

Based upon the facts in the above question, is the driver eligible for a LDP if the DWI conviction is the only reason for the revocation? (question 47)

NO

Based upon the facts in the previous question, is the driver eligible for a limited driving privilege if the DWI is the only reason for the revocation? (question 45)

NO

Based upon the facts of the above question, is the driver eligible for a LDP if the DWI is the only reason for the revocation? (question 49)

NO

An officer stops a driver of a moped and finds that the driver is 17 years old and has been drinking, but does not appear impaired. What charge(s), if any, may be brought against the driver?

No charge (not a motor vehicle)

A person is operating a car inside the fence of the PVA of the American Tobacco Company. You know he is impaired. The guard stationed at the gate, who is supposed to allow only employees to enter, has evidently let this person in because they are friends. The officer's legal options include: A: Arrest the driver for DWI B: Arrest the guard for aiding and abetting C: Both A and B D: Notify the manager or president of the ATC

Notify the manager or president of the ATC

Which of the following statements is INCORRECT concerning the offense of DWI? A: A person may be charged with DWI at or below the 0.08 alcohol concentration level B: DWI is an implied consent offense C: It is not a defense that the driver is legally entitled to use the impairing substance D: a person who aids and abets another person to drive while impaired is guilty of the same offense E: Only the driver of a vehicle may be charged with DWI

Only the driver of a vehicle may be charged with DWI

A checking station requirements are:

Pattern, written policy, and properly marked

The results of an alcohol screening test are admissible to prove: A: Reasonable grounds for the charge of DWI B: The person had a particular alcohol concentration C: A & B D: None of the above

Reasonable grounds for the charge of DWI

When a drunk driver causes a collision resulting in death and who refuses the chemical analysis, the investigating officer may obtain evidence of an alcohol concentration by:

Search warrant for blood or urine or court order for hospital records

A person who drives drunk and kills another may be charged with: A: Second degree murder B: Involuntary manslaughter C: Felony death by vehicle D: Misdemeanor death by vehicle E: Any of the above F: A, B, and C

Second degree murder, involuntary manslaughter, and felony death by vehicle

Under the provisions of GS 20-138.1, (DWI) this offense may be charged on the following: A: Street or highway B: Public vehicular area C: On private property D: All of the above E: A & B, only

Street or highway AND PVA

T or F: A driver is stopped and arrested for DWI and DWLR. At trial, the defendant is convicted of both charges. The DWLR was based upon a prior conviction of DWI. The driver's vehicle is subject to seizure and forfeiture.

TRUE

T or F: A person who is impaired from a legally taken dosage of prescription drug can be found guilty of DWI.

TRUE

T or F: An officer observes a person who is obviously impaired. This person walks from a bar and gets on a bicycle and races away. The officer has sufficient probable cause to make an arrest provided the person fails the field sobriety test.

TRUE

A driver with a Class A CDL is stopped for DWI (GS 20-138.1) while driving his personal car- a Honda Civic. Upon conviction for DWI, what happens to the drivers license?

The driver has his CDL revoked, but can obtained LDP to operate a non-commercial motor vehicle

A driver possessing a valid Class A CDL is charged and convicted of DWI in a CMV (GS 20-138.2), The results of the chemical analysis showed an alcohol concentration of 0.05. What happens to the driver's authority to drive?

The drivers license will be revoked by the driver can obtained a LDP for a non-commercial motor vehicle

A person convicted of DWI may be eligible for a limited driving privilege if the conviction is:

The first conviction in 7 years

When a driver stopped by an officer and suspected of DWI requests a pre-arrest test: A: The officer may not arrest the person for DWI B: The person must agree to be transported by the officer to the test site C: The test results will be admissible against the driver D: All of the above

The officer may not arrest the person for DWI, the person must agree to be transported by the officer to the test site, AND the results will be admissible against the driver

An alcohol screening device c an be administered to a person only if:

The person committed a moving violation, the person has been involved in a collision, and the officer has suspicion that the driver has committed an implied consent offense

A person is "under the influence" of an impairing substance when: A: The person's physical facilities are appreciably impaired B: The person's mental faculties are appreciably impaired C: The person has consumed so much beer that he cannot unzip his pants to go to the bathroom D: All of the above E: A & B only

The person's physical facilities are appreciably impaired, the person's mental faculties are appreciably impaired, and the person has consumed so much beer that he cannot unzip his pants to go to the bathroom

A chemical analysis is admissible when: A: The results of two consecutive tests are within 0.02 of each other B: The results introduced is the lower of the two consecutive tests C: The person submitted to one test and refused the second D: All of the above

The results of two consecutive tests are within 0.02 of each other, the results introduced the lower of the 2 consecutive tests, AND the person submitted to one test and refused the second

Which of the following statements is false concerning the chemical analysis procedures of a DWI arrest? A: The suspect may not refuse to be tested because DWI is an implied consent offense B: The suspect may refuse to be tested C: The test result or the fact of refusal will be admissible as evidence at trial D: The suspect has a right to select a witness to view the testing procedure, however, the testing may not be delayed for more than 30 minutes from the time he is advised of his rights

The suspect may not refuse to be tested because DWI is an implied consent offense

How many prior DWI convictions must a person have within 10 years of the current DWI charge in order to be charged with habitual (felony) DWI? A: One B: Two C: Three D: None of the above

Three

Implied consent means that a driver of a vehicle agrees to: _________ and if he/she refuses will __________.

To submit to a chemical analysis AND have license revoked

A provisional licensee may NOT lawfully drive: A: While consuming alcohol B: While having an BAC above 0.00 C: While having legal drugs in his system D: A and B

While consuming alcohol and AND while having a BAC above 0.04