Intoxicated Driver

Question 1

DWI offense charge?

PC 49.04

Answer 1

Class B min. 72 hr confinement

Question 2

DWI offense charge with open container? PC 49.04

Answer 2

Class B min. 6 days confinement

Question 3

knowingly possess 2 open containers, what charge? PC 49.031

Answer 3

Class C misdemeanor, one or more open containers in a single criminal episode is a single offense

Question 4

DWI with a child the age of 14 is a charge of _______. PC 49.045

Answer 4

state jail felony.

Question 5

DWI with a child the age of 16 is a charge of _______. PC 49.045

Answer 5

Class B min. 72 hr confinement

Question 6

Flying while intoxicated is a charge of _______. PC 49.05

Answer 6

Class B misdemeanor, with a minimum term of confinement of 72 hours.

Question 7

Boating while intoxicated is a charge of _______. PC 49.06

Answer 7

Class B misdemeanor, with a minimum term of confinement of 72 hours.

Question 8

Person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride a charge of _______. PC 49.065

Answer 8

Class B misdemeanor with a minimum term of 72 hour confinement.

Question 9

Person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride and had an open container is a charge of _______. PC 49.065

Answer 9

Class B misdemeanor with a minimum term of confinement of six days.

Question 10

Accidentally or mistakenly intoxication causes serious bodily injury to another while operating an aircraft, watercraft, or amusement ride is a charge of _____. PC 49.07

Answer 10

3rd degree Felony.

Question 11

causes death of another by accident or mistake while intoxicated operating an aircraft, watercraft, or amusement ride is a charge of _____. PC 49.07

Answer 11

2nd Degree Felony

Question 12

DWI offense charge with 1 prior conviction is a charge of _____?

PC 49.04

Answer 12

Class A with a minimum term of confinement of 30 days

Question 13

Getting a DWI (Boating-DWI, Flying-DWI, Ammusement-DWI, DWI w/child) and having 1 previous conviction of an intoxication manslaughter charge will get a charge of _______. PC 49.09

Answer 13

3rd Degree Felony

Question 14

Getting a DWI with 2 prior convictions is a charge of _______. PC 49.09

Answer 14

3rd Degree Felony

Question 15

Intoxication assault with SBI to Police/judge is a charge of ______. PC 49.09

Answer 15

1st Degree Felony

Question 16

Intoxication assault with SBI to Fire Fighter or EMS is a charge of ______. PC 49.09

Answer 16

2nd Degree Felony

Question 17

Suspension of a license for refusal to submit to the taking of a specimen apply only to a person arrested for an offense involving the operation of a motor vehicle or watercraft powered with an engine having a manufacturer’s rating of ____ horsepower or above. TC 724.002

Answer 17

50 horsepower or above

Question 18

person is deemed to have consented If a person is arrested for an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle in a public place, or a watercraft, while intoxicated, or minor DUI offense to submit to the taking of ______ specimens of the person’s breath or blood or any other specimen for analysis to determine the alcohol concentration or the presence in the person’s body of a controlled substance, drug, dangerous drug, or other substance. TC 724.011

Answer 18

1 or more

Question 19

A peace officer shall require the taking of a specimen of the person’s breath or blood under which circumstances. TC 724.012

Answer 19

1. operator of a mv/watercraft involved in accident that officer believes occurred and as a direct result of the accident:
   A. has died or will die
   B. suffered serious bodily injury; or
   C. suffered bodily injury and been transported to a hospital or other medical facility for medical treatment
2. The person is DWI with a child younger than 15 yoa (14 and younger)
3. The officer possesses or receives reliable information from a credible source that the person:
   A. has prior conviction/ community supervision for DWI w/child, Intox/Assault, Intox/Mans, or similar laws in other states.
   B. 2 or more occasions, has prior conviction/on-community supervision of DWI, Boating-DWI, Flying-DWI, Amusement-DWI or any similar laws in other states.

Question 20

The peace officer _____ designate the type of specimen to be taken. TC 724.012

Answer 20

shall

Question 21

True or False:

Except for TC 724.012(b), A specimen may not be taken if a person refuses to submit to the taking of a specimen designated by a peace officer. TC 724.013

Answer 21

True

Question 22

A person who is dead, unconscious, or otherwise incapable of refusal is considered _____ the consent. TC 724.014

Answer 22

not to have withdrawn

Question 23

If the person is dead, a specimen may be taken by:

________ TC 724.014

Answer 23

1. county medical examiner or the examiner’s designated agent
2. licensed mortician or if there is not a county medical examiner then a physician; qualified technician; registered professional nurse; or licensed vocational nurse;

Question 24

Only the following may take a blood specimen at the request or order of a peace officer. TC 724.017

Answer 24

1. a physician;
2. a qualified technician;
3. a registered professional nurse;
4. a licensed vocational nurse;

Question 25

The blood specimen must be taken in a _____. TC 724.017

Answer 25

sanitary place

Question 26

If the blood specimen was taken according to recognized medical procedures, the person who takes the blood specimen under this chapter, the facility that employs the person who takes the blood specimen, or the hospital where the blood specimen is taken is _________. TC 724.017

Answer 26

immune from civil liability for damages arising from the taking of the blood specimen at the request or order of the peace officer or pursuant to a search warrant

Question 27

Statutory Warning DIC-24 shall inform the person orally and in writing that: _______. TC 724.015

Answer 27

refusal will cause license to suspend/deny for not less than 180 days; if refused, officer may apply for a warrant authorizing specimen be taken; if 21+ and submit specimen and BAC of 0.08 or more license suspend/deny not less than 90 days; if (-)21 any alcohol suspend/deny for not less than 60 days; if you submit specimen less than 0.08 may have less severe penalties than PC Ch.49

Question 28

person has a right to a hearing on the suspension or denial if, not later than the _____ day after the date on which the person receives the notice of suspension or denial or on which the person is considered to have received the notice by mail. TC 724.015

Answer 28

15th day

Question 29

A breath specimen taken at the request or order of a peace officer ____ be taken and analyzed under rules of the department by an individual possessing a _____ issued by the department certifying that the individual is qualified to perform the analysis. TC 724.016

Answer 29

must; | certificate

Question 30

On the request of a person who has given a specimen at the request of a peace officer, full information concerning the analysis of the specimen ____ be made available to the person or the person's _____. TC 724.018

Answer 30

shall; | attorney

Question 31

A person who submits to the taking of a specimen of breath, blood, urine, or another bodily substance at the request or order of a peace officer may, on request and within a reasonable time not to exceed _____ after the arrest, have a physician, qualified technician, chemist, or registered professional nurse selected by the person take for analysis an additional specimen of the person's blood. TC 724.019

Answer 31

2 hours

Question 32

If a person refuses the request of a peace officer to submit to the taking of a specimen, the peace officer _____ request the person to sign a statement (DIC-24) that: (1) the officer requested that the person submit to the taking of a specimen; (2) the person was informed of the consequences of not submitting to the taking of a specimen; and (3) the person refused to submit to the taking of a specimen. TC 724.031

Answer 32

shall

Question 33

If person refuses to submit specimen, the peace officer shall: TC 724.032

Answer 33

DIC-25 1. serve notice of license suspension or denial on the person; 2. take possession of any license issued by this state 3. issue a temporary driving permit to the person unless person does not hold a license to operate a motor vehicle in this state 4. make a written report of the refusal to the director of the department.

Question 34

The officer shall forward to the department not later than the ____ business day after the date of the arrest: (1) a copy of the notice of suspension or denial; (2) any license taken by the officer under Subsection (a); (3) a copy of any temporary driving permit issued under Subsection (a); and (4) a copy of the refusal report. TC 724.032

Answer 34

5th

Question 35

``` The officer shall forward to the department not later than the 5th business day after the date of the arrest: 1. ____ 2. ____ 3. ____ 4. ____ TC 724.032 ```

Answer 35

(1) a copy of the notice of suspension or denial; (2) any license taken by the officer under Subsection (a); (3) a copy of any temporary driving permit issued under Subsection (a); and (4) a copy of the refusal report.

Question 36

A temporary driving permit issued under this section expires on the ___ day after the date of issuance. TC 724.032

Answer 36

41st

Question 37

True or False: A temporary drivers permit is valid on the 40th day. TC 724.032

Answer 37

True

Question 38

True or False: A temporary drivers permit is valid on the 41st day. TC 724.032

Answer 38

False, expires on the 41st day

Question 39

A temporary driving permit issued that authorizes the person to drive a commercial motor vehicle is not effective until _____ after the time of arrest. TC 724.032

Answer 39

24 hours

Question 40

Which case law references reasonable suspicion to make traffic stop based on a vehicle weaving. The training and experience of the officer, most specifically as it applies to DWI enforcement, was taken into account in this case and it was held that the stop for fail to maintain a single marked lane was reasonable.

Answer 40

Curtis v. State

Question 41

A person knowingly permits another to operate a motor vehicle owned by the person; and knows that at the time permission is given the other person's license has been suspended as a result of a: DWI suspension; DWI or failure to give specimen, is charged with ______. TC 705.001

Answer 41

Class C misdemeanor.