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DUI & NHTSA, DCJS Test Concept Review EXAM 11 Questions and Answers
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DUI & NHTSA, DCJS Test Concept ReviewEXAM 11 Questions and Answers
What are the 3 phases of DUI detection? - ANSWER • Phase One- Vehicle in
Motion
• Phase Two- Personal Contact
• Phase Three- Pre- Arrest Screening
What does the implied consent law grant - ANSWER • NOT an Option •
Virginia's DUI Implied Consent law essentially states that by driving on the public
roads in Virginia a person impliedly consents to provide breath and / or blood
samples for analysis if the person is lawfully arrested for DUI within 3 hours of
OFFENSE. When the Virginia DUI Implied Consent law is triggered, the motorist
must either submit to blood or breath testing or be charged with Unreasonable
Refusal.
Know the 3 Phases of DUI detection and their observations or actions. -
ANSWER 3. What is the First Phase of DUI Detection? • Vehicle In Motion • You
usually observe the driver operating the vehicle 4. What is the Second Phase of
DUI detection? • Personal Contact • After you have stopped the vehicle, there
usually is an opportunity to observe and speak with the driver face to face. 5.
What is the Third Phase of DUI Detection? • Pre-Arrest Screening • You usually
have an opportunity to administer Standardized Field Sobriety Test (SFSTs) to
determine impairment.
What is the Code section for DUI? - ANSWER Virginia Code Section 18.2-266 (ii)
is Virginia's DUI law. This law makes it unlawful to drive or operate a motor vehicle
while "under the influence of alcohol.
, What factors affect the results of a PBT? - ANSWER • Breath sample Cooling •
Breath Sample Composition • Residual mouth alcohol • Breath Contaminants •
Radio frequency interference
Is DUI a criminal or motor vehicle infraction? - ANSWER Criminal
What is the VA case law that established DUI checkpoints? - ANSWER Lowe V.
Commonwealth
What is the involuntary jerking of the eye as it gazes to the side? - ANSWER
Nystagmus
If a person is arrested for DUI how long do you have to administer the Intox test? -
ANSWER Once arrested you can take your time. You are not bound by a time
limit ONCE THE VIOLATOR IS ARRESTED.
How long do you have to arrest someone for Implied Consent to be valid? -
ANSWER Within 3 Hours of the offense
If you arrest someone for DUI they have a right to see the results of the breath
test? - ANSWER TRUE
If you pull over a juvenile driver what must you have? - ANSWER Petition (not a
criminal Complaint)
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