Chemical Tests and Implied Consent
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Questions and Answers

What is the consequence for a licensee or employee who sells, gives away, or supplies intoxicating liquor to a person under 21 years old?

  • Misdemeanor charge (correct)
  • Felony charge
  • Fine only
  • Loss of business license

    • Which of the following is an exception to the law prohibiting the supply of intoxicating liquor to minors?

  • Medical purposes only (correct)
  • Religious ceremonies
  • Private gatherings
  • Special events

    • Who is exempt from being denied a license or renewal of a license due to a conviction for unlawful sale or supply to a minor?

  • An employee of a licensed establishment (correct)
  • Any person convicted of the offense
  • Only the licensee
  • A person under 21 years old

    • What is the chapter and section number of the Missouri Liquor Law regarding selling to or procuring intoxication liquor for a minor?

    <p>RSMO Ch. 311.310</p> Signup and view all the answers

    To whom can a person procure or supply intoxicating liquor without violating the law?

    <p>Only a parent or guardian</p> Signup and view all the answers

    What is the status of a person who habitually consumes excessive amounts of intoxicating liquor?

    <p>Habitual drunkard</p> Signup and view all the answers

    Who is guilty of a class B misdemeanor?

    <p>Any owner, occupant, or other person who knowingly allows a person under twenty-one to drink or possess intoxicating liquor</p> Signup and view all the answers

    What is the penalty for a second or subsequent violation of allowing a minor to drink or possess intoxicating liquor?

    <p>Class A misdemeanor</p> Signup and view all the answers

    What is the defense to prosecution under this section for a defendant who is a licensed retailer?

    <p>The defendant sold the intoxicating liquor to the minor with reasonable cause to believe the minor was twenty-one or more years of age</p> Signup and view all the answers

    What is the penalty for a first violation of possessing intoxicating liquor by a minor?

    <p>Class D misdemeanor</p> Signup and view all the answers

    What is the penalty for a second or subsequent violation of possessing intoxicating liquor by a minor?

    <p>Class A misdemeanor</p> Signup and view all the answers

    What is presumed to be in a manufacturer-sealed container describing that there is intoxicating liquor therein?

    <p>Intoxicating liquor</p> Signup and view all the answers

    Who is deemed to have given consent to a chemical test or tests of their breath, blood, saliva, or urine?

    <p>Any person under the age of twenty-one who purchases or attempts to purchase intoxicating liquor</p> Signup and view all the answers

    What is the burden of proof for an alleged violator who alleges that there was not intoxicating liquor in a sealed container?

    <p>On the alleged violator to prove there was no intoxicating liquor</p> Signup and view all the answers

    What is the purpose of a chemical test or tests of a person's breath, blood, saliva, or urine?

    <p>To determine the person's intoxication level</p> Signup and view all the answers

    What is the definition of 'intoxicating liquor' in this chapter?

    <p>Any beverage containing any amount of alcohol</p> Signup and view all the answers

    What is the limit on the number of chemical tests arising from the same arrest, incident, or charge?

    <p>Two tests</p> Signup and view all the answers

    Who is responsible for approving methods and techniques for chemical analysis?

    <p>State department of health and senior services</p> Signup and view all the answers

    What is the minimum value of goods, excluding fixtures and intoxicating liquors, that a person must have in their store to obtain a license?

    <p>$1,000</p> Signup and view all the answers

    Who can administer an additional test at the choosing and expense of the person being tested?

    <p>Physician or qualified technician, chemist, registered nurse, or other qualified person</p> Signup and view all the answers

    What information is not included in the 'full information' that shall be made available to the person being tested?

    <p>The manuals, schematics, or software of the instrument used to test the person</p> Signup and view all the answers

    What is the fee for a license for the sale of malt liquor by grocers and other merchants and dealers?

    <p>$50 per year</p> Signup and view all the answers

    What type of package is referred to as an 'original package'?

    <p>Any package containing one or more standard bottles, cans, or pouches of beer</p> Signup and view all the answers

    What happens to a person's driving privileges if they are found guilty of possessing or using a controlled substance while operating a motor vehicle and are 21 years or older?

    <p>Their driving privileges are revoked</p> Signup and view all the answers

    What is the minimum age requirement for a student to taste beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum?

    <p>18 years old and enrolled in an accredited college or university</p> Signup and view all the answers

    What is the minimum age required for a person to operate a motorboat without supervision?

    <p>14 years old</p> Signup and view all the answers

    What is the purpose of the student tasting a beverage as part of the required curriculum?

    <p>For instructional purposes during classes</p> Signup and view all the answers

    On Sundays, what is the time period during which a licensed person may sell malt liquor at retail?

    <p>9:00 a.m. to midnight</p> Signup and view all the answers

    What is the fee for a license for the sale of malt liquor at retail by drink for consumption on the premises?

    <p>$50 per year</p> Signup and view all the answers

    How long is the period of suspension for a first offense under subsection 1 of this section?

    <p>90 days</p> Signup and view all the answers

    Who must be in possession and control of the beverage during the instructional purposes?

    <p>The instructor</p> Signup and view all the answers

    What is the consequence of failing or being unable to obtain an additional test by a person?

    <p>The admission of evidence relating to the test taken at the direction of a law enforcement officer is not precluded</p> Signup and view all the answers

    What is the definition of an intoxicated condition while operating a vessel?

    <p>Being under the influence of alcohol, a controlled substance or drug, or any combination thereof</p> Signup and view all the answers

    What is the fee for a license for the sale of all kinds of intoxicating liquor at retail by the drink for consumption on the premises?

    <p>$300 per year</p> Signup and view all the answers

    What is the minimum age for a person to operate a motorboat without supervision, under certain circumstances?

    <p>16 years old</p> Signup and view all the answers

    What is the fee for a license for the sale of all kinds of intoxicating liquor on railroad cars?

    <p>$100 per year</p> Signup and view all the answers

    What is the role of the state department of health and senior services in issuing permits?

    <p>Issuing permits to individuals to conduct analyses</p> Signup and view all the answers

    What is the purpose of the state department of health and senior services in establishing standards?

    <p>To ascertain the qualifications and competence of individuals to conduct analyses</p> Signup and view all the answers

    What happens to a person's licenses and driving privileges when they are convicted of possessing or using a controlled substance while operating a motor vehicle?

    <p>They are revoked</p> Signup and view all the answers

    What time period is prohibited for the sale, giving away, or consumption of intoxicating liquor on licensed premises?

    <p>1:30 a.m. to 6:00 a.m. on weekdays</p> Signup and view all the answers

    Who prescribes the forms and manner of application for licenses?

    <p>The supervisor of alcohol and tobacco control</p> Signup and view all the answers

    What is the blood alcohol content (BAC) limit for operating a vessel?

    <p>0.08% or more</p> Signup and view all the answers

    What is the consequence for a person who operates a vessel with excessive blood alcohol content?

    <p>Their vessel operator privileges are revoked</p> Signup and view all the answers

    What must be posted in every car where intoxicating liquor is sold or served on railroad cars?

    <p>A duplicate of such license</p> Signup and view all the answers

    When must a juvenile court forward an order of suspension or revocation of driving privileges to the director of revenue?

    <p>Thirty days before the person's 16th birthday</p> Signup and view all the answers

    What is the period of suspension for a second offense under subsection 2 of this section?

    <p>90 days</p> Signup and view all the answers

    What is the additional term of sentence enhancement if the underlying felony is committed on the grounds of a school?

    <p>Two, three, or four years</p> Signup and view all the answers

    When must a person who violates this section be paroled?

    <p>After serving fifteen calendar years</p> Signup and view all the answers

    What is the primary purpose of laws in a community?

    <p>To bring order and safety to the community</p> Signup and view all the answers

    What is a common complaint regarding the perception of quality of life and neighborhood safety and security?

    <p>Public nuisance complaints</p> Signup and view all the answers

    What is defined as a public nuisance under the MCCH Chapter 20?

    <p>A structure used for criminal street gang activity</p> Signup and view all the answers

    What can happen to a property deemed a public nuisance if the owner knew it was being used for criminal activity?

    <p>The property can be occupied or used for a period determined by the court</p> Signup and view all the answers

    What can be confiscated by a law enforcement agency if it is believed to be used in criminal street gang activity?

    <p>A weapon</p> Signup and view all the answers

    What is the specific intent required to promote, further, or assist in criminal conduct by gang members?

    <p>To benefit, direct, or associate with gang members</p> Signup and view all the answers

    What happens to a weapon declared a nuisance by the court?

    <p>It is destroyed</p> Signup and view all the answers

    Which of the following is NOT a type of regulated container for anhydrous ammonia?

    <p>A portable gas can</p> Signup and view all the answers

    What notice must be given to the lawful owner of a weapon before it is declared a nuisance?

    <p>A registered mail notice 30 days prior to the court hearing</p> Signup and view all the answers

    What is the maximum time period for a hearing to be set after a request from the lawful owner of a weapon?

    <p>60 days</p> Signup and view all the answers

    What is the classification of the offense of operating an all-terrain vehicle in a careless manner?

    <p>Class C misdemeanor</p> Signup and view all the answers

    What is the minimum number of people required to form a criminal street gang?

    <p>3</p> Signup and view all the answers

    Which of the following is an exception to the law prohibiting the use of all-terrain vehicles on streets and highways?

    <p>For official governmental use</p> Signup and view all the answers

    What is the burden of proof in a hearing regarding seized items?

    <p>By a preponderance of the evidence</p> Signup and view all the answers

    What is the penalty for a person who violates RSMo 578.425 in the commission of a misdemeanor?

    <p>Imprisonment in the county jail for up to 1 year</p> Signup and view all the answers

    Which of the following is a primary activity of a criminal street gang?

    <p>Assault with a deadly weapon</p> Signup and view all the answers

    What is the purpose of the MCCH (Blue Book) during the academy?

    <p>To serve as a reference for recruits during investigations and report writing</p> Signup and view all the answers

    What is the expected outcome of using the MCCH (Blue Book) during the academy?

    <p>Recruits will be able to demonstrate the ability to find the answers without becoming a burden to others</p> Signup and view all the answers

    What is the purpose of regulating the possession of anhydrous ammonia?

    <p>To prevent the manufacturing of methamphetamine</p> Signup and view all the answers

    What is the significance of the MCCH (Blue Book) in the academy?

    <p>It is a handy reference for recruits during the academy</p> Signup and view all the answers

    What is the classification of the offense of participating in a criminal street gang in the commission of a felony?

    <p>Felony with an additional term of 1-3 years</p> Signup and view all the answers

    Which of the following is NOT a type of criminal activity associated with a criminal street gang?

    <p>Speeding</p> Signup and view all the answers

    What is the ultimate goal of using the MCCH (Blue Book) during the academy?

    <p>To become a 'problem-solver' in the field of law enforcement</p> Signup and view all the answers

    What is considered a 'closed place' under the law?

    <p>A place where all doors are locked and no patrons are in the place or about the premises.</p> Signup and view all the answers

    Between what hours on weekdays are licensees required to keep their premises closed?

    <p>1 a.m. and 6 a.m.</p> Signup and view all the answers

    What is the penalty for violating any provision of this section?

    <p>A class A misdemeanor</p> Signup and view all the answers

    What is the exception to the law prohibiting the sale or delivery of intoxicating liquor during certain hours?

    <p>A wholesaler selling to a retailer</p> Signup and view all the answers

    Under what age is a person subject to a driving privilege suspension or revocation for certain offenses?

    <p>Under 21 years old</p> Signup and view all the answers

    What is the requirement for a licensee who operate in one room only?

    <p>The licensee must keep securely locked during the specified hours all refrigerators, cabinets, cases, boxes, and taps from which intoxicating liquor is dispensed.</p> Signup and view all the answers

    What is the purpose of the Abuse and Lose statute?

    <p>To suspend or revoke the driving privileges of certain offenders</p> Signup and view all the answers

    What is the requirement for clubs, hotels, or bowling alleys that hold licenses to sell intoxicating liquor by the drink?

    <p>Only the room or rooms in which intoxicating liquor is dispensed must be closed during the specified hours.</p> Signup and view all the answers

    What is the age range for a person who is subject to a driving privilege suspension or revocation for a violation of section 311.325?

    <p>More than 15 years old and under 21 years old</p> Signup and view all the answers

    What is the exception for wholesaler licensed under section 311.180?

    <p>The wholesaler is allowed to sell intoxicating liquor to retailers during the prohibited hours.</p> Signup and view all the answers

    Study Notes

    Selling or Procuring Intoxicating Liquor to a Minor

    • No licensee or employee can sell, give away, or supply intoxicating liquor to a person under 21 years old
    • No person can procure intoxicating liquor for a person under 21 years old, except their parent or guardian
    • Violating this law is a misdemeanor, except for a second or subsequent violation, which is a class A misdemeanor
    • A defense to prosecution is available if the defendant is a licensed retailer, club, drinking establishment, or caterer, and has reasonable cause to believe the minor is 21 or older, and the minor exhibited a valid ID

    Minor in Possession of Intoxicating Liquor

    • A person under 21 years old who purchases, attempts to purchase, or has in their possession intoxicating liquor is guilty of a misdemeanor
    • A first violation is punishable as a class D misdemeanor, while a second or subsequent violation is punishable as a class A misdemeanor
    • A minor who is visibly intoxicated or has a detectable blood alcohol content above 0.02% is also guilty of a misdemeanor

    Chemical Tests for Minors

    • A minor who is arrested for minor in possession of intoxicating liquor is deemed to have given implied consent to a chemical test
    • The test must be administered by a licensed medical professional or a person with a valid permit
    • The minor has the right to have an additional test administered by a physician, technician, or other qualified person of their choice

    Exceptions for Students

    • Students 18 years or older enrolled in a culinary course may taste, but not consume, beer, ale, porter, wine, or other similar malt or fermented beverages as part of their curriculum
    • The beverage must remain in the possession and control of an authorized instructor who is 21 years or older

    Sale of Intoxicating Liquor in Less than the Original Package

    • Licenses for the sale of intoxicating liquor in the original package are only issued for specific businesses, such as drug stores, cigar and tobacco stores, and grocery stores
    • The licensee must have a stock of goods worth at least $1,000, exclusive of fixtures and intoxicating liquors
    • Licenses for the sale of malt liquor, as defined in section 311.490, are available for grocers and other merchants and dealers

    Closed Places

    • No person with a license issued under this chapter can sell, give away, or permit the consumption of intoxicating liquor on their premises between 1:30 a.m. and 6:00 a.m. on weekdays and between 1:30 a.m. Sunday and 6:00 a.m. Monday
    • The premises must be locked and no patrons can be present during these hours

    Abuse and Lose Statute

    • A court can suspend or revoke the driving privileges of a person under 21 years old who commits certain alcohol-related offenses
    • The court can also suspend or revoke the driving privileges of a person over 21 years old who violates certain state, county, or municipal laws involving the possession or use of a controlled substance while operating a motor vehicle### Motorboat Operations
    • No person under 14 years of age can operate a motorboat unless supervised by a parent, guardian, or someone 16 years or older, or unless the motorboat is moored.

    Possession of Anhydrous Ammonia

    • Possessing anhydrous ammonia in a non-approved container is a crime.
    • Approved containers include tank trucks, tank trailers, rail tank cars, bulk storage tanks, field (nurse) tanks, and field applicators.

    All-Terrain Vehicles

    • All-terrain vehicles are regulated by RSMo and laws are found in Chapter 19 of the MCCH.
    • Use of all-terrain vehicles is prohibited on streets and highways except for official governmental use, agricultural use, or by special permit.
    • Operating an all-terrain vehicle in a careless way or while under the influence of drugs or alcohol is a Class C misdemeanor.

    Criminal Street Gangs

    • A criminal street gang is defined as an ongoing organization, association, or group of three or more people with primary activities including assault, robbery, arson, murder, or drug-related offenses.
    • Participating in a criminal street gang is punishable by imprisonment and/or fines.

    Punishments for Participating in a Criminal Street Gang

    • Conviction of a misdemeanor in association with a criminal street gang can result in imprisonment for up to one year.
    • Conviction of a felony in association with a criminal street gang can result in an additional term of one to three years imprisonment.
    • If the underlying felony is committed near a school, the additional term can be two to four years.

    Public Nuisances

    • A public nuisance is defined as any room, building, or structure used by a criminal street gang in a pattern of criminal activity.
    • The owner of the premises can be prosecuted and the premises may be ordered not to be occupied or used for a period of up to one year.

    Weapons

    • Weapons owned or possessed by a member of a criminal street gang for the purpose of committing criminal street gang activity can be confiscated.
    • The law enforcement agency or peace officer must initiate a petition in circuit court to determine if the weapon should be returned or declared a nuisance.
    • If the court finds the weapon to be a nuisance, it shall be destroyed.

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    Description

    This quiz covers the laws and regulations regarding chemical tests, implied consent, and procedures for chemical analysis of breath, blood, saliva, or urine.

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