Flashcards in Lombos - Driving Under The Influence Deck (12):
570) Driving While Under the Influence or with Blood Alcohol of .08 or More (Veh. Code, § 23152) The first three convictions for driving under the influence are misdemeanors. After that, if the fourth or subsequent violations occur within _________ years of separate convictions of § ____, § 23152,or § 23153, the new offense is chargeable as a wobbler.
571) Offense in Officer's Presence/Exceptions- Vehicle Code section _______ provides that you are permitted to make a DUI arrest whenever you have probable cause to believe that the person has been driving while under the influence and the person:
- was involved in a "traffic ______"; or
- is in or about a vehicle that is _______ a roadway; or
- will not be apprehended unless immediately arrested; or
- may cause injury to himself or herself or damage property unless immediately arrested; or
- may ______ or conceal evidence of the crime unless immediately arrested.
572) Driving Under the Influence, or with Blood Alcohol of .08 or More, and Causing Death or Injury - It is a __________ for any person to drive a vehicle:
- while under the influence of any alcoholic beverage, or any drug, or any combination thereof, or while having a BAC of .08 percent or more or having a BAC of _________ percent or more if driving a commercial motor vehicle; and
- concurrently (i.e., at the same time as either of the above) to do any illegal act, or to neglect any duty imposed by law in driving the vehicle, where the illegal act or the neglect proximately causes bodily injury or death to a person other than the driver.
573) Persons Under 21 Driving With Blood Alcohol of .05 or More -It is an ______ for any person under the age of 21 to drive a vehicle while having a BAC of ________ or more, by weight.
574) Persons Under 21 Driving with Blood Alcohol of .01 or More -It is __________ for any person under the age of 21 to drive a vehicle while having a BAC of _________ or more, as shown by a PAS (preliminary alcohol screening) device or other chemical test.
575) Driving While Intoxicated; Presumptions -.
a. If there was at that time less than _________ percent by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of an alcoholic beverage at the time of the alleged offense.
b. If there was at that time _________ percent or more but less than _________ percent by weight of alcohol in the person's blood, that fact shall not give rise to any presumption that the person was or was not under the influence of an alcoholic beverage, but the fact may be considered with other competent evidence in determining whether the person was under the influence of an alcoholic beverage at the time of the alleged offense.
c. If there was at that time ________ percent or more by weight of alcohol in the person's blood, it shall be presumed that the person was under the influence of an alcoholic beverage at the time of the alleged offense.
576) For violations of section _____, subdivision (b), which forbids driving with a blood alcohol level of .08 or above, it is a rebuttable presumption that the defendant had the same blood alcohol level at the time he drove as he had when later given a chemical test, as long as he is tested within ____ hours after driving.
577) Effective January 1, 2013, a driver suspected of being under the influence of either alcohol or drugs has a choice of only 2 tests: ______ or _____. A urine test is still permissible under certain limited circumstances.
578) In the case of a urine test, the test sample is one collected at least ________ minutes after the bladder has first been emptied.
579) In the case of a breath test, samples must be taken and tested until an agreement of ____ is reached between any two of the tests.
580)Note: "Admin per se" does not apply if the driver is suspected of driving under the influence of ____ ____.