DUI/Alchohol Flashcards
(63 cards)
What is the per se Blood Alcohol Concentration (BAC) limit for DUI?
0.08 or higher.
Roughly how many alcoholic drinks in quick succession might lead to a 0.08 BAC?
Two or more.
What defines a “motor vehicle” for DUI purposes?
A vehicle that is self-propelled or designed for self-propulsion.
What types of devices are generally excluded from the DUI definition of “motor vehicle”?
Electric personal assistive mobility devices (e.g., Segway, Lime scooter), electric bicycles, mopeds, motorized skateboards, and scooters.
When can the excluded devices (mopeds, e-scooters, etc.) be subject to DUI laws
When operated on a highway (a way open for public use for vehicle travel).
What are the defining characteristics of a “moped”?
Not more than 3 wheels, seat height not less than 24 inches, engine less than 50 cc.
Under what circumstances can a warrantless DUI arrest occur after an accident?
At the scene or at a hospital/medical facility or within 3 hours of the offense
What is the time limit for making a warrantless DUI/BUI arrest at any location?
Within 3 hours of the alleged offense.
Is there a clear “bright line test” for determining “operation” of a vehicle for DUI?
No. It often involves “actual physical control.”
Give examples of actions considered “operation” or “actual physical control.”
Electronics on, grabbing the steering wheel from the passenger seat, trading places after the car stopped, key in the ignition.
Can someone be considered “operating” a vehicle even if they are outside of it? Give examples
Yes (e.g., placing a knife under the passenger floor mat while outside the passenger door). No (e.g., standing next to the car without the key). Probably yes (e.g., just opened the door, key in pocket with push start).
Does DUI apply on private property?
Yes, as long as it involves a “motor vehicle” (not typically an excluded device like a moped, unless that device is on a highway).
Is intent to drive required for a DUI conviction?
No.
What generally defines a “highway”?
The degree to which the way is open to the public for vehicle traffic.
Are private roads or business parking lots (like 7-Eleven) typically considered highways?
Yes, if they are open to the public for vehicle traffic but maybe not 711 since it’s a private lot (e.g., implied invitation for business).
When might a private parking lot (like an apartment complex) not be considered a highway?
If access is restricted (e.g., “No Trespassing” or “No Loitering” signs are posted - establishing a bright-line rule).
Can a person be charged with both DUI and Reckless Driving for the same incident? Can they be convicted of both?
Yes, they can be charged with both, but they can only be convicted of one
When do prior DUI offenses lead to enhanced penalties?
If the prior offense occurred within 5 or 10 years of the current offense
Is the DUI enhancement period (5/10 years) based on the date of the prior offense or the date of the prior conviction?
Based on the time of the offense.
How many prior DUI offenses within 10 years result in the current charge being a felony?
3 prior offenses (making the current one the 4th).
List factors used to establish probable cause for impairment in a DUI case.
Observations (manner, speech, movement, appearance, behavior), admissions, Field Sobriety Tests (SFSTs), unexplained refusal of tests (incl. PBT), video recordings, preliminary breath test (PBT), chemical breath/blood tests.
How is being “under the influence” defined, regardless of BAC?
Impairment indicated by manner, disposition, speech, muscular movement, general appearance, OR behavior.
Is the mere odor of alcohol or cannabis sufficient for probable cause for DUI?
No.
What types of abilities do Standardized Field Sobriety Tests (SFSTs) evaluate?
Information processing, short-term memory, judgment/decision making, balance, muscle control, coordination, clear vision.
