Intoxicated driving arrest

Questions and Answers

What BAC level results in the administrative suspension or revocation of a driver's license for a person under 21 years of age?

.08%

.02% (correct)

.05%

Zero

What must a sworn member demonstrate to request a chemical test from a person under 21?

Probable cause or reasonable suspicion (correct)

Knowledge of the person's driving history

Evidence of intoxication

Presence of an adult witness

What happens if a driver's BAC is measured at .05% or greater?

No action is taken.

The driver is charged with a D.U.I. (correct)

The driver's license is returned immediately.

The driver is only issued a warning.

What does a valid Type I permit allow the holder to do?

Determine the alcoholic content of blood using approved methods. Signup and view all the answers

What is the required presence for questioning a juvenile under 15 years of age during an incident involving driving?

A Deputy Juvenile Officer and the juvenile's parent(s) Signup and view all the answers

What must be done with a Missouri driver's license when a driver has a BAC of .02% or greater?

It is mailed to the Department of Revenue. Signup and view all the answers

Which permit is required to operate and service breath analyzers?

Type II permit Signup and view all the answers

If a juvenile is released at the scene of a traffic stop, who must they be released to?

A responsible adult Signup and view all the answers

What is the minimum requirement for a Type III permit holder within the last twelve months?

Five self-tests supervised by a Type II permit holder. Signup and view all the answers

What actions does a sworn member take upon determining that a person is under the influence?

Suspend or revoke their driving privileges and issue a citation Signup and view all the answers

What must a Type III permit holder certify with each report of a test?

No deviations from approved procedures occurred. Signup and view all the answers

Who is authorized to service department-owned breath analyzers?

D.U.I. sworn members only. Signup and view all the answers

What is the minimum BAC threshold that allows a sworn officer to proceed with a chemical test for individuals less than 21?

.02% Signup and view all the answers

What is the validity period for a Type III permit before it needs renewal?

Two years Signup and view all the answers

What documentation must a Type III permit holder maintain?

Complete record of all tests performed Signup and view all the answers

What is a necessary step before conducting breath tests as a Type III permit holder?

Complete a comprehensive test prior to patrol. Signup and view all the answers

What action should be taken if authorized medical personnel refuse to collect a specimen?

The department supervisor must contact the nursing supervisor. Signup and view all the answers

What is the Blood Alcohol Concentration (BAC) threshold for administrative suspension of a driver's license?

.08% Signup and view all the answers

In what circumstance would an arrestee with a BAC of .25% or greater be transported to a hospital?

If there is suspicion of alcohol poisoning. Signup and view all the answers

What should a sworn member document if medical personnel refuse to release a collected specimen?

The refusal and details in the Alcohol Influence Report. Signup and view all the answers

Who must be contacted if the nursing supervisor continues to refuse collection or release of a specimen?

The hospital's Director of Shift Operations. Signup and view all the answers

What directive outlines the handling of sick, injured, or unconscious arrestees?

Ambulance Calls and Arrests Taken to Hospitals. Signup and view all the answers

What is the required action for a driver's license if a person under 21 years old has a BAC of .08% or greater?

The license will be administratively suspended or revoked. Signup and view all the answers

What must be forwarded to the T.I.U. Commander if medical personnel refuse to collect or release the specimen?

A photocopy of the Alcohol Influence Report. Signup and view all the answers

What is the maximum duration an arrestee has to attempt to contact an attorney after the implied consent is read?

20 minutes Signup and view all the answers

Which of the following statements is true regarding the presence of an attorney during the chemical test?

An attorney can only be present prior to questioning related to the arrest. Signup and view all the answers

What must be available when the 20-minute time period for contacting an attorney begins?

A telephone Signup and view all the answers

What is the definition of On-Duty Time for commercial vehicle drivers?

Time from when a driver starts work until relieved from responsibility. Signup and view all the answers

Which scenario allows an officer to proceed with the testing process without delay?

The arrestee has not made a request for an attorney. Signup and view all the answers

Under what circumstances is a person presumed to be under the influence of intoxicants?

When their BAC is 0.08% or greater. Signup and view all the answers

Which statement accurately reflects the Out-of-Service status for a commercial vehicle operator?

It is ordered by a sworn member for a specific 24-hour period. Signup and view all the answers

What is required to be present during the 15-minute observation period?

A Type II or Type III permit holder Signup and view all the answers

What actions can constitute a refusal to take a chemical test?

Vocalizing a complete refusal or remaining silent. Signup and view all the answers

Which type of chemical tests are permitted under Missouri law for blood alcohol content determination?

Breath tests or blood tests but not both types simultaneously. Signup and view all the answers

What happens if an arrestee abandons their attempt to contact an attorney?

The sworn member asks if they wish to submit to a test. Signup and view all the answers

What is the discretion available to sworn members when a person's BAC registers between 0.05% and 0.08%?

They have the discretion to issue a citation. Signup and view all the answers

What is true about log books for commercial vehicles operating within a 100 air mile radius of their office?

They are not required regardless of the driving duration. Signup and view all the answers

What must be true for a chemical sample to be deemed valid?

It must be a complete and adequate chemical sample. Signup and view all the answers

What does Missouri case law state about the number of chemical tests that can be administered?

Two types of tests cannot exceed more than two administrations. Signup and view all the answers

What is the primary purpose of using a log book in commercial vehicle operations?

To document rest periods and ensure compliance with duty time regulations. Signup and view all the answers

Study Notes

Log Books and On-Duty Time

Log books are not mandatory for commercial vehicle drivers within a 100 air mile radius of their office.
On-duty time is defined as the period from when a driver starts work until relieved from all responsibilities.

Vehicle Operation Regulations

Out-of-service status is issued by law enforcement to prevent the operation of a commercial vehicle for 24 hours.
Violation of the out-of-service order may lead to enforcement actions by the Department of Transportation.

Chemical Testing and Refusals

Refusal of a chemical test can occur verbally, through silence, or by providing an invalid sample.
A valid chemical sample refers to a complete and adequate sample required for testing.
Law enforcement may demand up to two valid tests for blood alcohol content (BAC), using either breath or blood, but not more than two types.

Chemical Test Procedures

Saliva and urine tests are permitted under Missouri law, but area prosecutors typically do not accept urine tests.
An arrestee has the right to request an attorney during the implied consent process, with a 20-minute opportunity to make contact, using a provided phone.
After the initial request, sworn members must continue the testing procedure unless the request is abandoned.

Attorney and Test Rights

The arrestee does not have a constitutional right to have an attorney present during the chemical test decision.
The 15-minute observation period for the test requires a valid Type II or Type III permit holder to supervise, even if the arrestee is consulting an attorney.

Alcohol Influence Guidelines

A person is presumed under the influence with a BAC of .08% or greater; discretion may be used for BACs between .05% and .08%.
Specimen collection issues by medical personnel must be documented and resolved through proper channels within the department.

Driver’s License Suspension and Minors

Driver's licenses are administratively suspended for anyone with a BAC of .08% or greater.
Individuals under 21 years face license suspension for a BAC of .02% or greater, with proper protocols for testing and citation.
Juveniles must have a Deputy Juvenile Officer and their parent(s) present before questioning, but not necessarily during the chemical test.

Breath Testing Equipment

Valid Type I permits allow for blood alcohol content determination using breath, blood, or urine.
Type II permits are for servicing breath analyzers, while Type III permits apply to operating breath analyzers using alveolar air samples.
Type III permit holders must adhere strictly to operating procedures, document test results, and maintain accurate records of testing activities.

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Description

Test your knowledge on commercial vehicle regulations, including log book requirements, on-duty time, and out-of-service rules. This quiz covers important aspects that every driver needs to understand to remain compliant. Perfect for new drivers or those looking to refresh their knowledge.