Business Law and Ethics (Drugs and Alcohol)

(criminal laws)

-fines -jail -contributing to delinquincy of minor

5 schedules

...

DRUGS

...

how are they classified

5 schedules

HIV testing

accused must be tested for HIV

an officer does have to arrest you before the test

false

what does "probable cause" mean

more likely than not

OWI

operating while intoxicated

purpose?

-discourage bars/rest. who over serve -decrease number of drunk drivers -helps provide compensation to a victim where the drunk driver goes to jail and has no money to take care of the victims injuries. the bar can provide money to take care of victim.

If you are arrested

-handcuffed and taken to police station -car and person searched -car towed at your expense -breath test -released from jail, bail posted

2

-high risk abuse and dependance -may have legit medical use -greater security storage requirement and quotas for manufacturing -need a prescription (not refillable) and special order form ex. Opium, cocaine, PCP

Social Host Potential Liabilities (civil laws)

-medical bills -property damage -pain and suffering

they must be

-minimally intrusive -neutrally administered -officer guidance to protect from inconsistent enforcement -road block, vehicles are stopped -inse quence

scedule 1

-most dangerous -high risk of addiction -no legitimate medical use -available for research only -greater security storage requirement and quotas on manufacturing ex. LSD, Heroine, Marijuna

4

-slight risk of dependace or abuse -very acceptable medical uses -available by prescription, can refill

3

-slightly less dangerous -moderate risk of abuse and dependacne -some legit medical use -available by prescription (can refill)

controlled substances in school zones

-stiffer penalties -posession of any controlled substance within 1000 ft... -

5

-very low risk of dependance -highly accepted medical use -over the counter

what blood alcohol content is considered impaired

.01 to .09

In Indiana, if you are under the age of 21 and operating a vehicle, you are considered under the influence if you BAC is over what?

.02

license suspended if BAC is over what

.08

legalizing marijuana

16 states and DC have legalized marijuana for certain medical uses 14 of 16 state requirements proof of residency to be considered a qualifying patient for medical marijuana use

how long can you lose your license? how much can you be fined?

1yr 500

possible fine of how much

500

Forced Blood Samples

In an accident where there has been a death or serious injury, a blood sample may be obtained by force from a driver suspected of driving under the influence

THC and Marinol

Marinol lab made THC-treat eating disorders Many people say the natural THC is more affective and want it legalized

School Drug Testing

SCOTUS held that it is constitutional random drug tests on students participating in athletics and competitive extracurricular activities

what does the schedule depend on

addictiveness and medical use

Beat Drug Test

attempts to interfere with a drug test dilute samples, alter urine, distort/mask results

what happens if you refuse the BAC TEST (general rule)

automatic suspension of your drivers license even if you are NOT found to be driving under the influence

how is BAC determined

blood urine breath test

controlled substances

both illegal drugs and legal drugs that are permissable for a limited medical purpose

minors

cannot transport alcohol without parent in car

1st marijuana posession charge

conditional discharge one free pass potential community service etc. if completed successfully the conviction is taken off record

violation

could go up to class A felony potential prison sentence 20-50 yrs

penalties

depend on schedule

implied consent law

driver promises to submit to a BAC test (when given drivers license)

who does this apply do

drivers and passengers

DUI

driving under the influence

DWI

driving while intoxicated

what do they do

eliminate drug traffiking eliminate elicit drugs enforce controlled substance laws stop growing and manufacturing

DEA

federal drug enforcement

controlled substance law fed. penalties stiffer

focuses on larger quantity of controlled substances participating in drug trafficking bt states and countries affects many people affects ability to get student loans

rape shield laws

get women to report rapes and get the help they need, evidence of the victims past sexual conduct os not admissable in court.A person's opinion about the victims sexual conduct or reputation regarding sexual conduct is not admissable

Ignition interlock device

handheld breath testing device that attaches to the ignition system of a motor vehicle

Blood Alcohol Concentration how is it measured?

how much alcohol is in a person's blood g/dl in blood

Social Host Laws

laws that hold adults liable for providing alcohol to minors -an adult may be liable for knowing or unknowingly hosting an underage drinking party on property they own -adult can be liable eve if he does not furnish alcohol -parents who are not home can still be liable of minors drink alcohol on their home. the question is "should the parents have known that underage drinking would occur"

Dram shop laws

laws that make bars etc. liable for serving, selling alcoholiv beverages -responsible for selling alcohol to visibly intoxicated persons or minors who subsequently cause death or injury to a person

Sobriety checkpoints

legal 39 states allow them approved by the SCOTUS

what must they blow in order to start vehicle

less than .02

Aggravated DUI

longer prison time and higher fine multiple DUI convictions driver with DUI driving with suspended or revoked license DUI and excessive speed DUI driver has extremely high BAC(IN .15) minors in vehicle at time of DUI DUI occurs in school zone

OWI 1st offense

pay court in excess of 300 receive jail service of up to 1 yr fined up to 5, 000 license may be suspended up to 2 yrs. or may be placed on probation, may be required to enroll in a substance abuse class may be required to attend a victim impact panel may be required to have an Ignition interlock device may be drug tested may face other terms of probation

Open Containers

possession of open containers of alcoholic beverages and consumption of alcohol in the passenger compartment of a vehicle is illegal.

a BAC test must be based on ...

probable cause

Zero Tolerance Laws

state laws that make it a crime for drivers under 21 to have any alcohol in their blood at all

impoundment

the car can be impunded if the drivers has had atleast 2 prior DUI'S within the last 5 years

exceptions

the victims past sexual conduct with the defendant is used to show the defendant did not rape the victim or to show the defendant did not cause the victim pregnancy

Intoxicated

under the influence of alcohol or controlled substances and there is impaired thought and action

how long can you lsoe your license

up to 1 year

do Legal Blood Alcohol Levels vary state to state

yes

is Falso ID a crime

yes

is lending, or selling false ID's a crime

yes