the course uses the term “driving while impaired...

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1) Law enforcement officers make _______ traffic stops daily. a) a lot b) few c) constantly *d) numerous 2) All too often drivers are ______ by the use of alcohol or drugs, making them a hazard to themselves and other motorists. a) high *b) impaired c) sick d) drunk 3) DUI Traffic Stops chapter will train officers to _______. a) detect impaired driving b) administer field sobriety tests c) make arrests when appropriate d) record the evidence of a DUI violation *e) all 4) DUI Traffic Stops, has been adapted from the _______ produced by the National Highway Traffic Safety Administration (NHTSA). *a) DWI Detection and Standardized Field Sobriety Testing course b) DWI Detection and Standard Field Sobriety Testing course c) DWI Detection and Standardized Major Sobriety Testing course d) DWI Detainer and Standardized Field Sobriety Testing course 5) DWI Detection and Standardized Field Sobriety Testing course has been modified from a national perspective to be specific for the state of ______. _______. a) Texas b) California c) Georgia *d) Florida 6) The _____ course uses the term “driving while impaired (DWI).” a) SATHN *b) NHTSA c) ASTHN d) HNSAT 7) _______ law uses the term “driving under the influence (DUI).” a) Texas b) California c) Georgia *d) Florida 8) Each year, tens of thousands of people ____ in traffic crashes. *a) die b) drop dead c) depart this life d) pass out 9) Throughout the nation, ______ is the major contributor to traffic fatalities. a) GHB b) methamphetamine

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Page 1: The course uses the term “driving while impaired (DWI).”policeacademystudyguides.com/rossyuploadfiles/... · d) DWI Detainer and Standardized Field Sobriety Testing course 5)

1) Law enforcement officers make _______ traffic stops daily. a) a lot b) few c) constantly *d) numerous 2) All too often drivers are ______ by the use of alcohol or drugs, making them a hazard to themselves and other motorists. a) high *b) impaired c) sick d) drunk 3) DUI Traffic Stops chapter will train officers to _______. a) detect impaired driving b) administer field sobriety tests c) make arrests when appropriate d) record the evidence of a DUI violation *e) all 4) DUI Traffic Stops, has been adapted from the _______ produced by the National Highway Traffic Safety Administration (NHTSA). *a) DWI Detection and Standardized Field Sobriety Testing course b) DWI Detection and Standard Field Sobriety Testing course c) DWI Detection and Standardized Major Sobriety Testing course d) DWI Detainer and Standardized Field Sobriety Testing course 5) DWI Detection and Standardized Field Sobriety Testing course has been modified from a national perspective to be specific for the state of ______. _______. a) Texas b) California c) Georgia *d) Florida 6) The _____ course uses the term “driving while impaired (DWI).” a) SATHN *b) NHTSA c) ASTHN d) HNSAT 7) _______ law uses the term “driving under the influence (DUI).” a) Texas b) California c) Georgia *d) Florida 8) Each year, tens of thousands of people ____ in traffic crashes. *a) die b) drop dead c) depart this life d) pass out 9) Throughout the nation, ______ is the major contributor to traffic fatalities. a) GHB b) methamphetamine

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*c) alcohol d) hallucinogens (Mushrooms and Peyote) 10) In fact, the number one crime resulting in death in the United States is _______ driving. a) impaling b) leading c) guiding *d) impaired 11) Some estimates indicate that about ______ percent of America’s drivers at least occasionally drive while under the influence, and that offenders actually commit the offense an average of _____ times per year. a) 30; 95 *b) 25; 80 c) 35: 75 d) 45; 65 12) While driving under the influence (DUI) of ______, impaired drivers are more likely than other drivers to take excessive risks and have slowed reaction times and are less likely to wear seatbelts. a) inhalants b) LSD *c) alcohol or drugs d) ecstasy 13) Many factors impair drivers including _______. a) alcohol b) drugs c) medical conditions d) mental or physical disabilities *e) all 14) An officer’s primary duty in detecting and investigating DUI cases is to ______ impaired drivers from the road to ensure public safety. a) eliminate *b) remove c) pick off d) take away 15) DUI is both a ______ and law enforcement problem. a) moral b) society c) economic *d) societal 16) The ultimate goal is to reduce the number of impaired drivers through _______. a) prevention b) education c) deterrence *d) all 17) ________ promises the ultimate, lasting solution to the DUI problem, but it will require a substantial amount of time to mature fully. a) Education b) Deterrence *c) Prevention d) Punishment

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18) _______ is an essential component of the solution. *a) Education b) Enforcement c) Deterrence d) Prevention 19) Law Enforcement must not only enforce the DUI laws but take the time to ______ the public through schools, civil groups, special events, etc. a) force b) deter c) prevent *d) educate 20) _______ only offers a partial or limited solution, but it is available right now. a) Prevention b) Education *c) Deterrence d) Alphabetization 21) Both the public and law enforcement are responsible for working _______ to accomplish the goal of stopping DUI. a) in tandem b) simultaneously c) at one time *d) together 22) ______ change in individuals is fundamental to prevention. a) Behavior *b) Behavioral c) Situational d) Qualifying 23) Avoid committing DUI, either by avoiding or controlling drinking prior to driving or by selecting alternative transportation; intervene actively to prevent others from committing DUI (for example, putting into practice the theme “friends don’t let friends drive drunk”); avoid riding with drivers who are impaired. These are examples of things that the _______should do. a) law enforcement top executives b) chiefs c) law enforcement officers *d) public 24) General _______ is based upon the driving public’s fear of being arrested. a) prevention b) education *c) deterrence d) alphabetization 25) If violators believe there is a good chance they will get caught, some will stop committing the offense ______ some of the time. a) at the same time b) on the whole c) not even *d) at least 26) ______ there is a real risk of being arrested, there will not be a fear of being arrested.

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a) Were it not that b) Excepting that *c) Unless d) Had it not been that 27) ______ must arrest enough violators to convince the public they will be caught if they continue to drive while impaired. a) University of Florida Police Department *b) Law enforcement c) Florida Department of Law Enforcement d) Gainesville Police Department e) Santa Fe College Police Department f) Alachua Sheriff Department 28) The legal consequences of a DUI conviction include: ______. a) monetary fines b) imprisonment c) temporary or permanent loss of driving privileges *d) all 29) The keys to successful deterrence by well-trained law enforcement officers include: _______. a) skill at DUI detection b) willingness to arrest every DUI violator who is detected c) support of their agencies *d) all 30) There are other participants who contribute to the _______ and deterrence of DUI. a) education *b) prevention c) deterrence d) alphabetization 31) Legislators pass the laws that law enforcement ______. *a) enforces b) establish c) compel d) legalize 32) _______prosecute DUI violators, and the judiciary adjudicates fairly and delivers the punishments prescribed by law. a) Legislators b) The media *c) Prosecutors d) Defense attorneys 33) _______ publicizes the enforcement effort and communicates that the risk is not worth the probable outcome. *a) The media b) Prosecutors c) Legislators d) Defense attorneys 34) Each of these elements (_______) plays a supportive role in DUI deterrence. a) politicians, law enforcement officers, prosecutors, and the media b) legislators, correctional officers, prosecutors, and the media *c) legislators, law enforcement officers, prosecutors, and the media d) legislators, law enforcement officers, prosecutors, and police academy instructors

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35) DUI detection is the key to _______. a) alphabetization b) prevention c) education *d) deterrence 36) ________ show that a practical and realistic increase in DUI enforcement activity will induce a significant degree of general deterrence and a corresponding change in DUI behavior. a) Consideration *b) Studies c) Indeed d) The law 37) Alcohol is a ______ and is the most abused drug in the United States. a) peripheral nervous system b) spinal cord c) nervous system *d) central nervous system depressant 38) Alcohol is the active ingredient in _________. a) beer b) wine c) whiskey d) liquors e) etc *f) all 39) Alcohol effect on the body includes _____. a) loss of fine motor skills b) hand/eye coordination c) judgment *d) all 40) ______ the person who is affected by alcohol doesn’t think that he or she is impaired. a) Now and again *b) Often c) Seldom d) Rarely 41) _______ is the process by which alcohol enters the bloodstream. a) Inhaled b) Orally *c) Absorption d) Injected 42) The absorption rate of alcohol varies based on many factors including: ________. a) the person’s weight and gender b) whether and how much food he or she has eaten c) the alcohol concentration of the substances being consumed *d) all 43) _______ is the process by which alcohol is carried via the bloodstream to the body’s tissues and organs. *a) Distribution b) Absorption

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c) Metabolism d) Elimination 44) _______is the biological process by which the body breaks down alcohol into compounds that are more readily eliminated. a) Absorption b) Distribution c) Elimination *d) Metabolism 45) Elimination is expelling alcohol from the body through _______. a) exhaled breath b) sweat c) tears d) saliva e) urine f) etc *g) all 46) The average alcohol elimination rate of humans is ____ per hour. a) .024 % b) .008% *c) .015% d) .010%

47) Any amount of alcohol will affect a person’s ability to drive to some degree. The degree to which the person is affected depends on how much alcohol is consumed and the length of time over which the alcohol is consumed, the gender and physical size of the person, whether or not the person has eaten, and various other factors. How much is too much? These questions help to determinate the ______. a) is drinking alcohol is harming my health b) if I should stop drinking alcohol c) if alcohol will be harmful to me *d) level of impairment 48) Florida law establishes the ______ limit at which an individual is presumed impaired and cannot legally operate a vehicle. a) breath alcohol concentration (BrAC) *b) blood alcohol concentration (BAC) or breath alcohol concentration (BrAC) c) blood alcohol concentration (BAC) d) breath alcohol concentration (BrAC) 49) Section 316.193, F.S. establishes that limit as _____. a) 0.08 BrAC b) 0.08 BrCD *c) 0.08 BAC d) 0.08 ABC 50) BAC is expressed in terms of grams of alcohol in every _______ milliliters of blood. a) 200 b) 300 *c) 100 d) 400 51) BrAC is expressed as grams of alcohol per _______ liters of breath. *a) 210 b) 325

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c) 415 d) 550 52) _____ may refer to the blood or breath alcohol level. *a) 0.08 b) 0.05 c) 0.04 d) 0.02 53) If a 175-pound man drinks two beers or two shots of whiskey within an hour on an empty stomach, his BAC may climb above 0.04. Two more beers can boost him above 0.08. One more can push him over 0.10. This information is _______ to understand the effects of drinking on blood alcohol concentration. a) pointless b) superfluous c) inevitable *d) helpful 54) _______ of impaired driving laws that apply in Florida is critical to DUI enforcement. *a) An understanding b) Studying c) Knowing d) Learning 55) _______ refers to a person who is driving, who has driven, or who is in actual physical control of a vehicle while impaired by alcohol or certain substances that adversely affect the auditory, visual, or mental processes. a) Theft b) Possession of alcoholic beverage by a person under the age of 21 *c) Driving under the influence (DUI) d) Selling or giving alcoholic beverage to a person under the age of 21 56) A person may be in _______ physical control of a vehicle even though he or she is not actually driving. a) total b) partial c) temporary *d) actual 57) A person who is physically ________ the vehicle and has the capability to operate the vehicle is legally in actual physical control of the vehicle and can be arrested and prosecuted for DUI. *a) in, on, or around b) without c) at the site d) approximately 58) For example, a person who is asleep or passed out in the front seat of a vehicle with the ignition key in the ignition, in his or her pocket, or on the seat next to him or her is in actual physical control of the vehicle and may be ________. a) interrogated b) questioned *c) arrested d) examine 59) If the vehicle is inoperable, such a person could not be found to be in actual physical control unless sufficient _______ exists that the defendant was driving under the influence when the vehicle became inoperable. a) physical evidence

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b) chemistry or toxicological evidence c) testimonial evidence *d) circumstantial evidence 60) Because a car is made _______ by a crash that was not witnessed by anyone does not mean the driver found passed out behind the wheel is not in actual physical control, since the evidence suggests he or she was driving when the crash occurred. a) operable *b) inoperable c) operate d) inoperative 61) Florida Statute §316.003(75) defines ________ as “every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.” *a) vehicle b) motorcycle c) bus d) scooter 62) Florida Statute _______ defines vehicle as “every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.” a) §316.103(75) b) §315.003(75) c) §326.203(75) *d) §316.003(75) 63) Florida’s Third District Court of Appeal held that the term includes _______ while under the influence of alcohol could be charged with DUI (State v. Howard, 510 So.2d 612 (3rd DCA 1987), rev. denied, Howard v. State, 520 So.2d 584 (Fla. 1988). a) airplanes, and motorcycles *b) bicycles, and a person biking c) helicopters, and scooters d) motor homes, and mobile homes 64) Using the logic in the Howard opinion, vehicles could also include _________ a) scooters b) ATVs c) go-carts d) golf carts e) etc. *f) all 65) _______ the state includes anywhere in Florida, whether on roadways or public or private property. a) Abroad b) Without c) Inside *d) Within 66) A person may be arrested for DUI even though he or she never drove onto a _____. *a) road or highway b) at the side of the road c) outside the State of Florida d) footpath

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67) Normal ________ include the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and normally perform the mental and physical acts of daily life. *a) faculties b) binocular vision c) vision d) facultative 68) F.S. §316.193 establishes legal presumptions based on the violator’s alcohol ________. a) drugs level b) level charges *c) concentration or level d) blood alcohol level 69) _________ give the elements of the crime that the prosecution must prove prior to the subject being convicted. a) Florida Traffic Laws Reference Guide b) Florida Law Enforcement Handbook c) FLDE Guidelines *d) Florida’s standard jury instructions 70) In the case of the crime of DUI, the _______ is instructed to presume certain conclusions based on alcohol concentration. a) judge *b) jury c) police officer d) prosecutor 71) If the alcohol concentration was _____ or below, the jury must presume the violator was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. a) 0.10 b) 0.02 c) 0.08 *d) 0.05 72) If the alcohol concentration was greater than _____ but less than _____, the jury may not presume any conclusion that the violator was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. a) 0.05; 0.10 *b) 0.05; 0.08 c) 0.02; 0.04 d) 0.08; 0.10 73) Such an alcohol concentration may be considered with other competent evidence (i.e., ______) in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. a) driving pattern b) personal contact c) standardized field sobriety tests *d) all 74) If the alcohol concentration was 0.08 or higher, the jury is instructed to _______ that the person was under the influence of alcohol to the extent that his or her normal faculties were impaired. a) take for granted b) assume c) conjecture *d) presume

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75) Also, a person could be guilty of driving or being in actual physical control of a motor vehicle with an unlawful alcohol concentration regardless of ______. a) standardized field sobriety test results b) the psychological test c) alcohol level *d) impairment 76) The U.S. Supreme Court has ruled that a law enforcement officer ________ required to administer Miranda warnings during the course of a traffic stop in which the officer temporarily detains a motorist in order to ask a few brief questions and issue a citation. See Berkemer v.McCarty, 468 U.S. 420 (1984). a) is always b) is required c) depend on the situation is of is not *d) is not 77) Also, Miranda warnings are not typically required prior to administering ______ (a series of psychophysical tests given to determine impairment). *a) Standardized Field Sobriety Tests (SFSTs) b) one leg stand test c) driving pattern, personal contact, and standardized field sobriety tests d) walk and turn test 78) _______ tests describe field sobriety tests that measure a person’s ability to perform both mental and physical tasks simultaneously. a) Psychological b) Physical *c) Psychophysical d) General 79) An officer should always rely on agency policies and procedures in determining _______ circumstances Miranda warnings are administered to DUI subjects. a) when *b) when and under what c) why d) who 80) Florida law provides the following definition of driving under the influence in section ________, F.S.: a) 145.908 b) 215.245 c) 421.789 *d) 316.193 81) A person is guilty of the offense of driving under the influence and is subject to _________. a) therapy b) rehabilitation c) training *d) punishment 82) If the person is _______ or in actual physical control of a vehicle within this state. a) running b) walking *c) driving d) swimming

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83) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the ______ that the person’s normal faculties are impaired. *a) extent b) circumstances c) level d) stretch 84) A person commits the offense of DUI, if the person has a blood-alcohol level of _____ or more grams of alcohol per _____. a) 0.08; 210 liters of breath *b) 0.08; 100 milliliters of blood c) 0.08; 200 liters of breath d) 0.05; 100 milliliters of blood 85) A person commits the offense of DUI, if the person has a breath-alcohol level of _____ or more grams of alcohol per _____. *a) 0.08; 210 liters of breath b) 0.08; 100 milliliters of blood c) 0.08; 200 liters of breath d) 0.05; 100 milliliters of blood 86) In order to arrest someone for a DUI violation, a law enforcement officer must have probable causes to believe that ________ of the offense are present. a) notice to appear b) few elements c) an affidavit *d) all elements 87) To convict a person of a DUI violation, it is necessary to show ________ that all the elements of the offense were present. *a) beyond a reasonable doubt b) reasonable suspicion c) reasonable expectation of privacy d) referrals 88) Any person who accepts the __________ of driving in Florida has ________ to submit to an approved chemical test to determine the alcohol content or the presence of a chemical and/or controlled substance in their breath, blood, or urine once they are arrested for committing a violation while driving or in actual physical control of a motor vehicle and under the influence of alcoholic beverages. See F.S. §316.1932(1)(a)1.a. a) favor ; lack of understanding b) contract; disconformities *c) privilege; consented d) bond ; difference 89) Based on this ________, Florida law requires the driver to take any breath, blood, or urine test requested by a law enforcement officer. *a) implied consent b) decline c) approve d) consent 90) The implied consent warning can be _________ by a law enforcement officer, corrections officer, or certified Breath Test Operator, but it is recommended that a law enforcement officer _____ it to the subject upon refusal of a request to submit as per agency policy and procedures.

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a) verbally b) write c) explain *d) read 91) A permitted Breath Test ______ will administer the breath test. a) Doctor b) Officer *c) Operator d) Sergeant 92) If the results of the breath test indicate an alcohol concentration of 0.08 or higher, the officer needs to complete a _______. a) notice to appear b) investigation c) police report *d) DUI citation 93) The results of the breath test should be written on the _______. a) notice to appear b) investigation c) police report *d) citation 94) If the results are _____ a 0.08, the officer should complete a Uniform Traffic Citation for the charge of DUI based on the probable cause for the arrest. *a) below b) above c) close d) near 95) If the subject refuses to submit to the breath test, an officer should complete a DUI Citation and mark the box for “________.” a) Incomplete b) Unable to complete the test *c) Refusal d) Consent 96) Some jail facilities may require medical assistance for ______ impaired subjects. a) nervous *b) extremely c) sick d) aggressive 97) ________ of the alcohol concentration, an officer’s observations may indicate that a person needs immediate medical attention. a) At all cost b) Non obstante *c) Regardless d) Whatever it takes 98) I am now requesting that you submit to a lawful test of your BREATH for the purpose of determining the alcoholic content. I am now requesting that you submit to a lawful test of your BLOOD for the purpose of determining the alcohol content and/or the presence of a chemical and/or controlled substance. I am now requesting that you submit to a lawful test of your URINE for the purpose of determining the presence of a chemical and/or controlled substance. Note: Read only if the subject does not comply with

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your request. I am_____ of the_____. If you fail to submit to the test I have requested of you, your privilege to operate a motor vehicle will be suspended for a period of one (1) year for a first refusal, or eighteen (18) months if your privilege has been previously suspended as a result of a refusal to submit to a lawful test of the breath, blood, or urine. Additionally, if you refuse to submit to the test I have requested of you and if your driving privilege has been previously suspended for a prior refusal to submit to a lawful test of your breath, blood, or urine, you will be committing a misdemeanor. Refusal to submit to the test(s) I have requested of you is admissible into evidence in any criminal or administrative proceeding. These two paragraph are about _______. *a) Implied Consent Warning b) Notice to Appear c) DUI Citation d) Citation 99) If a subject is placed under arrest for the offense of DUI, has previously refused to submit to a lawfully requested test of his or her breath/urine/blood, and refuses to submit to a chemical breath/urine/blood test, the subject commits the offense of ________ per F.S. §316.1939. a) DUI Refusal b) Refusal *c) DUI Second Refusal d) Second Refusal 100) The original refusal information can be verified by checking FCIC/NCIC, ______, and/or criminal history. a) LOUIS *b) DAVID c) JACQUES d) BARNARD 101) In a DUI Second or Subsequent Refusal, the officer shall place this additional charge on the __________ and issue a Uniform Traffic Citation. a) Arrest Affidavit b) Arrest warrant c) Notice to Appear *d) Probable Cause Affidavit 102) In a DUI Second or Subsequent Refusal, the officer shall place this additional charge on the Probable Cause Affidavit and issue a __________. *a) Uniform Traffic Citation b) Florida Highway Patrol c) Florida Law Enforcement Handbook d) Florida Traffic Laws Reference Guide 103) The charge of a DUI Second (or subsequent) Refusal is a ________. a) felony of the first degree b) felony of the second degree *c) misdemeanor of the first degree d) misdemeanor of the second degree 104) The DUI citation must be completed _________. a) flawed b) wrongly c) incorrectly *d) accurately 105) DUI citation is not only a charging document, but is also required to authorize the Department of Highway Safety and Motor Vehicles to _________.

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a) use for booking at the jail facility b) arrest the drunk driver *c) suspend the subject’s driving privilege d) secure officer responsibilities 106) If the subject has an alcohol concentration of 0.08 or above or refuses chemical testing, his or her driver’s license is seized and attached to the _______ copy of the DUI citation per F.S. Ch. 316. *a) blue b) orange c) red d) white 107) The officer or his or her agency should forward the license and a copy to Department of Highway Safety and Motor Vehicles for _________. a) arrest purpose *b) an administrative suspension per agency policy c) waiting to transport d) a referral

108) The DUI Citation is very similar to the Uniform Traffic Citation, except that the DUI Citation is used only for a DUI with an alcohol concentration of 0.08 or higher or when the violator has refused any _________. a) personal contact b) field sobriety tests *c) chemical test d) implied consent 109) The DUI Citation is filled out in the same manner as a Uniform Traffic Citation, including citing the appropriate violated ________. a) case laws *b) Florida Statute c) ordinance d) criminal statutes 110) However, a DUI citation has additional fields that must be completed regarding the following: a) if the subject refuses b) if the subject is eligible for a permit c) if the subject’s license was surrendered d) location of the Department of Highway Safety and Motor Vehicles Hearing Office *e) all 111) The State of Florida __________ must be completed in conjunction with a DUI Citation issued for a refusal. a) FDLE *b) Refusal Affidavit c) extradition procedure d) FCIC/NCIC 112) The Department of Highway Safety and Motor Vehicles ________ refusal affidavits to law enforcement agencies. *a) provides b) prevent c) remove d) deprive 113) The refusal affidavits form must be ___________ to DHSMV as part of the DUI arrest report.

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a) completed b) notarized c) forwarded *d) all 114) If a breath test result is below a 0.08 and an officer has probable cause to believe that the subject is impaired by a substance(s) other than alcohol, the officer should request a ________. a) second test b) blood test c) alcohol test *d) urine test 115) The __________ may determine if drugs are in the system and possibly causing the impairment. a) breath test b) blood test c) alcohol test *d) urine test 116) If the subject refuses the _______, the officer must charge him or her with a DUI refusal even if a breath sample was provided. a) breath test b) blood test c) alcohol test *d) urine test 117) The subject should be requested to submit to all tests (breath and urine) and should be given the ________ for each test refused. a) Arrest Affidavit b) Notice to Appear *c) Implied Consent Warning d) Refusal Affidavit 118) The ________ will be collected according to agency policies and procedures. a) breath sample b) blood sample c) alcohol sample *d) urine sample 119) The officer should write “________” in the Comments section on the issued Uniform Traffic Citation. a) breath pending b) blood pending c) alcohol pending *d) urine pending 120) Blood can be requested as long as all of the following criteria are met per F.S. §316.1932(1)(c): a) The individual was under the influence of alcohol or a chemical or controlled substance while driving or in actual physical control of a vehicle. b) The breath test was impractical or impossible to give. c) The subject appeared at a medical facility for treatment. *d) All 121) All blood draws must be conducted at a _________ as defined by Florida Statutes §316.1932(1)(c). a) during the traffic stop *b) medical facility c) police department d) correctional department

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122) Someone who is unable to have withdrawn their consent (________) is deemed to have given consent to the test. a) dead person b) juvenile c) drunk *d) such as an unconscious subject 123) Everyone else that is not unconscious should be requested to submit to a ________. *a) blood draw b) alcohol level c) unite test d) filed interrogation 124) If they refuse, they should be read the _________ and asked again for a blood sample. a) department policies and regulations *b) Implied Consent Warning c) Florida DUI Traffic Stops laws d) Florida Law Enforcement Handbook 125) The subject _______ under arrest in order to request a blood draw under implied consent. a) need to be b) should be c) must be *d) need not be 126) According to F.S. §316.1932(1)(f )2.a. and F.S. §316.1933(2)(a), only ________ are authorized to draw blood. a) DUI police officers b) sergeants *c) specified personnel d) doctors or nurses 127) An officer is ________ for ensuring that the blood is drawn according to established procedures. a) train b) educate *c) responsible d) prepare 128) The officer needs to verify the following ________. a) the blood kit is not expired b) the blood is collected in the appropriate vial c) an authorized person collects the blood d) the vial labels contain the subject’s name e) date, and time the blood was collected f) the initials of the person drawing the blood *g) all 129) It is a good idea for an officer to _______ the label to show that he or she verified the necessary information. a) sign *b) initial c) tape d) highlight 130) If an officer is asked to identify the vial in court, his/her _______ could prove beneficial.

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a) sign *b) initial c) tape d) highlight 131) Due to the serious nature of the DUI offense, the officer must follow agency procedure for obtaining _______. a) an arrest b) implied consent c) evidence *d) blood 132) An officer ________ to know that there are certain statutes concerning operating a commercial motor vehicle, as defined in F.S. §322.01(8), while the driver is impaired. See sections 322.61, 322.62, 322.63, 316.1932, and 322.64, F.S. a) should *b) needs c) may need d) perhaps should know 133) A person who has any alcohol in his or her body may not drive or be in actual physical control of a ________ in this state. See F.S. §322.62(1). a) personal vehicle *b) commercial motor vehicle c) bicycle d) motorcycle 134) A person who has any alcohol in his or her body and is driving is in violation of F.S. §322.62(1) section must be placed out-of-service immediately for a period of ________. a) 6 hours b) 12 hours *c) 24 hours d) 36 hours 135) An officer should have a responsible party pick up the vehicle or have the vehicle towed, depending on the situation and his or her _________. a) opinion b) criteria c) training *d) agency’s policy 136) If a driver is arrested for a violation of F.S. §316.193 or is in possession of a controlled substance while operating or in actual physical control of a motor vehicle or a commercial motor vehicle, the driver may be subject to the loss of his or her commercial driver license (CDL) for a period of ________. *a) one year b) two years c) three years d) four years 137) One year penalty also applies if the driver refuses to _______. a) submit to a breath b) urine c) blood test to determine alcohol concentration d) if the driver is driving a commercial motor vehicle with an alcohol concentration of 0.04 or higher *e) all

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138) Other conditions and penalties may also apply depending on the ________. a) sobriety test b) alcohol concentration *c) circumstances d) blood test 139) If an officer suspects a DUI violation, he or she should conduct a DUI investigation utilizing the same process for determining impairment: ________. a) conduct the SFSTs b) follow arrest procedures c) administer the chemical d) physical tests e) complete documentation *f) all 140) If an officer is involved in a DUI investigation with a driver under the age of 21, the officer should conduct a DUI investigation utilizing the same process for determining impairment: _______. a) conduct the SFSTs b) follow arrest procedures c) administer the chemical d) physical tests e) complete documentation *f) all 141) Drivers Under 21 Years of Age (0.02 Violation). If the DUI investigation does not result in a DUI arrest, but there is evidence that the driver has been consuming alcohol, the officer may request a breath test to determine his or her _________. a) drugs consumption b) guilt c) impairment *d) alcohol concentration 142) Drivers Under 21 Years of Age (0.02 Violation). If the driver’s alcohol concentration level is at or above ________, or if he or she refuses to submit to a breath test, his or her driver’s license will be suspended. *a) 0.02 b) 0.04 c) 0.06 d) 0.08 143) Drivers Under 21 Years of Age (0.02 Violation). The driver is not arrested but is subject to ________. *a) administrative penalties b) traffic ticket c) investigative stop d) notice to suspension 144) Drivers Under 21 Years of Age (0.02 Violation). The officer should take the ________ and issue a Notice of Suspension. a) name *b) license c) address d) all 145) Drivers Under 21 Years of Age (0.02 Violation). If the driver is issued a ________, then he or she should be released according to agency policies and procedures.

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a) Notice to appear b) search warrant c) DUI traffic stop *d) Notice of Suspension 146) The officer must complete many ________ to conclude a DUI investigation and/or arrest. a) evidences b) notice to appear *c) forms d) arrest warrants 147) The forms vary by agency and may include the following: a) field notes b) implied consent warning c) Miranda warning with waiver d) refusal affidavit e) citations (DUI Citation/Uniform Traffic Citation) f) breath test result affidavit g) agency offense incident report(s) h) probable cause affidavit i) alcohol influence report (agency-specific) j) certificate of blood withdrawal *k) all 148) State v. Cino, 931 So.2d 164 (Fla. 5thDCA 2006)—The state was not precluded from using evidence of an officer’s observations of defendant’s physical traits and demeanor at the scene (during the crash investigation). The state was not precluded from using statements by persons OTHER than the defendant (even if given during the crash investigation). The officer was barred from basing probable cause on statements compelled from the driver (during the crash investigation). *a) Accident Report Privilege b) Accident Report Privilege-Leaving the Scene c) Attorney Prior to Administration of a Breath Test d) Breath Test Refusal 149) Cummings v. State, 780 So.2d 149 (Fla. 2nd DCA 2001)—The accident report privilege does NOT apply when the defendant leaves the scene of the accident. a) Personal Contact b) Refusal of SFSTs c) Registered Owner Does Not Have Valid License *d) Accident Report Privilege-Leaving the Scene 150) State v. Burns, 661 So. 2d 842 (5th DCA 1995)—Administering a breath test is nothing more than the collection and preservation of physical evidence and DOES NOT constitute crucial confrontation requiring the presence of defense counsel. a) Unusual Operations of Motor Vehicle b) Speed-Lay Opinion *c) Attorney Prior to Administration of a Breath Test d) Officer Outside of Jurisdiction makes Arrest 151) Grezlka v. State, 881 So.2d 633 (Fla. 5th DCA 2004)—The defendant was not given the entire implied consent warning and the refusal was still admissible. The court went on to clearly state that “nothing in the statute requires exclusion when the statutory warning is not complete.” In fact, as long as the defendant was advised of at least one adverse consequence resulting from refusal to submit to the breath test, the refusal was relevant and admissible. *a) Breath Test Refusal b) Cracked Windshield

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c) Defendant Exiting the Vehicle d) Failure to Maintain Single Lane 152) Hilton v. State, 961 So.2d 285 (Fla. 2007)—The court held that a cracked windshield violates section 316.610 only if it renders the vehicle in “such unsafe condition as to endanger any person or property.” a) Accident Report Privilege-Leaving the Scene b) Officer Outside of Jurisdiction makes Arrest *c) Cracked Windshield d) Speed-Lay Opinion 153) Pennsylvania v. Mimms, 434 U.S. 106 (1977)—If the stop is lawful, the officer may order the driver to exit the vehicle for the officer’s safety. a) Accident Report Privilege *b) Defendant Exiting the Vehicle c) Failure to Maintain Single Lane d) HNG (First Case) 154) Yanes v. State, 877 So.2d 25 (Fla. 5th DCA 2004)—The court found a violation of failure to maintain a single lane, even when NO ONE was endangered. The defendant deviated from his lane by more than was practicable (three times by one-half the vehicle’s width). a) Standard for Traffic Stops b) Suspected Defendant Was SUI, Ill, or Tired c) Traffic Violations *d) Failure to Maintain Single Lane 155) Williams v. State, 710 So.2d 24 (3rd DCA 1998)—A properly qualified Drug Recognition Expert (DRE) can give the necessary testimony to permit HGN test results. *a) HGN b) HNG c) Officer Outside of Jurisdiction makes Arrest d) Speed-Lay Opinion 156) Bowen v. State, 745 So.2d 1108 (3rd DCA 1999)—Any qualified and trained officer can give HGN testimony, even if the officer is a non-DRE. This determination will be made by the judge. a) HNG *b) HGN c) Suspected Defendant Was SUI, Ill, or Tired d) Traffic Violations 157) State v. Joy, 637 So.2d 946 (Fla. 3rdDCA 1994)—An officer can follow a subject into a neighboring community based solely on reasonable suspicion of a traffic infraction and lawfully make a DUI arrest outside the officer’s jurisdiction based on the conduct of the defendant in the other jurisdiction. a) Accident Report Privilege b) HNG (Second Case) *c) Officer Outside of Jurisdiction makes Arrest d) Personal Contact 158) Origi v. State, 912 So.2d 69 (4th DCA 2005)—The defendant was stopped for speeding, and the officer observed the driver had bloodshot eyes and noticed an odor of alcohol. The court held that this was enough reasonable suspicion to conduct a DUI investigation. *a) Personal Contact b) Suspected Defendant Was SUI, Ill, or Tired c) Traffic Violations d) Unusual Operations of Motor Vehicle

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159) State v. Taylor, 648 So.2d 701 (Fla. 1995)—The refusal to take SFSTs is admissible in court if the law enforcement officer indicated “adverse consequences” of refusing (i.e., “Your refusal can be used against you in court.” “I will base my decision whether or not to arrest you upon all the observations I have made so far, including your refusal.” etc.). *a) Refusal of SFSTs b) Registered Owner Does Not Have Valid License c) SFSTs and Miranda d) SFSTs 160) Smith v. State, 574 So.2d 300 (Fla. 5th DCA 1991)—The court held that an officer can stop a vehicle if the officer obtains information that the registered owner does not have a valid license and if the driver of the vehicle matches the general description of the owner on record. a) Defendant Exiting the Vehicle b) Failure to Maintain Single Lane *c) Registered Owner Does Not Have Valid License d) Officer Outside of Jurisdiction makes Arrest 161) State v. Taylor, 648 So.2d 701 (Fla.1995)—For a routine DUI arrest, Miranda is NOT required prior to the administration of SFSTs. Custody equals formal arrest. Roadside investigation/questioning does not equal custody. *a) SFSTs and Miranda b) SFSTs c) Standard for Traffic Stops d) Suspected Defendant Was SUI, Ill, or Tired 162) Meador v. State, 674 So.2d 826 (4th DCA 1996)—The Court held that: “a defendant’s ability to perform these simple psychomotor tasks is within a juror’s common experiences and understanding. There are objective components of the field sobriety exercises, which are commonly understood and easily determined, such as whether a foot is on a line or not. Jurors do not require any special expertise to interpret performance of these tasks…Thus, evidence of the police officer’s observations of the results of defendant’s performing the walk-and-turn test, the one-legged stand, the balance test and the finger-to-nose test should be treated no differently than testimony of lay witnesses (officers, in this case) concerning their observations about the driver’s conduct and appearance.” a) Accident Report Privilege *b) SFSTs c) Standard for Traffic Stops d) Traffic Violations 163) Whren v. U.S., 517 U.S. 806 (1996)—The court held that only a reasonable suspicion was required to justify a traffic stop; probable cause was not the threshold requirement. *a) Standard for Traffic Stops b) Suspected Defendant Was SUI, Ill, or Tired c) Traffic Violations d) Unusual Operations of Motor Vehicle 164) DHSMV v. DeShong, 603 So.2d 1349 (Fla. 2nd DCA 1992)—The court held that reasonable suspicion, NOT probable cause, is required to stop a vehicle. The courts have recognized that a legitimate concern for the safety of the motoring public can warrant a brief investigatory stop to determine whether the driver is ill, tired, or DUI. a) Accident Report Privilege b) Accident Report Privilege-Leaving the Scene *c) Suspected Defendant Was DUI, Ill, or Tired d) Attorney Prior to Administration of a Breath Test

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165) Holland v. State, 696 So.2d 757 (Fla. 1997)—As long as the vehicle’s observed driving actions constitute a traffic violation, it no longer matters how trivial the violation. An officer is authorized to stop such a vehicle. a) Officer Outside of Jurisdiction makes Arrest b) Personal Contact c) Speed-Lay Opinion *d) Traffic Violations 166) Bailey v. State, 319 So.2d 22 (Fla. 1975)—“Because of the dangers inherent to our modern vehicular mode of life, there is justification for the stopping of a vehicle by a patrolman to determine the reason for its unusual operation.” The vehicle in this case was driving well below the speed limit and “weaving not all that bad.” As long as an officer can articulate some unusual operation of the vehicle, the officer can conduct a stop to investigate all suspicious possibilities. a) SFSTs b) Traffic Violations *c) Unusual Operations of Motor Vehicle d) Speed-Lay Opinion 167) State v. Joy, 637 So.2d 946 (Fla. 3rd DCA 1994)—An officer’s lay opinion of speed is sufficient to support probable cause for a speeding stop. a) Accident Report Privilege-Leaving the Scene b) Suspected Defendant Was SUI, Ill, or Tired c) Unusual Operations of Motor Vehicle *d) Speed-Lay Opinion 168) ________ means the entire process of identifying and gathering evidence to determine whether or not a subject should be arrested for a DUI violation. a) DUI arrest *b) DUI detention c) Reason to act d) Investigative stop 169) The ________ begins when the law enforcement officer first suspects that an individual may be driving under the influence and ends when the officer determines that there is or is not sufficient probable cause to arrest the subject for DUI. a) DUI arrest *b) detention process c) reason to act d) investigative stop 170) Effective DUI enforcers do not ______ to the arrest/no arrest decision. a) wait b) step *c) leap d) stay 171) Effective DUI enforcers do not leap to the arrest/no arrest decision. ________, they proceed carefully through a series of intermediate steps, each of which helps to identify the collective evidence. *a) Rather b) Little c) Extremely d) Violently 172) The typical DUI contact involves ________ phases. a) one b) two

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*c) three d) four 173) _________: Vehicle in motion—You usually observe the driver operating the vehicle. *a) Phase One b) Phase Two c) Phase Three d) Phase Four 174) _______: Personal contact—After you have stopped the vehicle, there usually is an opportunity to observe and speak with the driver face-to-face. a) Phase One *b) Phase Two c) Phase Three d) Phase Four 175) _______: Pre-arrest screening—You usually administer some formal structured field sobriety tests to the driver to determine impairment. a) Phase One b) Phase Two *c) Phase Three d) Phase Four 176) The DUI detection process does not always include all _______ phases. a) one b) two *c) three d) all 177) Sometimes there are DUI detection contacts in which Phase _______ is absent, for example, cases in which the driver is passed out behind the wheel of a vehicle that is not in motion. *a) One b) Two c) Three d) All 178) DUI detection contacts Phase One may also occur at the scene of a traffic crash or when you have responded to a request for __________. a) crime scene *b) motorist assistance c) assault in progress d) domestic call 179) Sometimes there are DUI contacts in which Phase ______ never occurs and you would not administer formal tests to the driver. a) First b) Second *c) Three d) all 180) These may occur when the driver is so impaired or ______ that he or she cannot perform the tests, or he or she refuses to submit to the tests. *a) injured b) drunk c) cleaned d) tainted

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181) The _______ task in Phase One is to observe the vehicle in operation. *a) first b) second c) three d) all 182) Based on this observation, you must decide whether there is _________ to command the driver to stop. *a) reasonable suspicion b) probable cause c) consensual encounter d) mere suspicion 183) The ________ task is to observe the stopping sequence. a) first *b) second c) three d) all 184) In Phase One; the following questions may be helpful _________. a) What is the vehicle doing? b) Do I have grounds to stop the vehicle? c) How does the driver respond to my signal to stop? d) How does the driver handle the vehicle during the stopping sequence? *e) All 185) The _______ task in Phase Two is to observe and interview the driver face-to-face. *a) first b) second c) three d) all 186) Based on this observation, you must decide whether there is _________ to instruct the driver to step from the vehicle for further investigation. *a) reasonable suspicion b) probable cause c) consensual encounter d) mere suspicion 187) The _________ task is to observe the driver’s exit and walk from the vehicle. a) first *b) second c) three d) all 188) Phase Two: Ask yourself the following questions ________. a) When I approach the vehicle, what do I see? b) When I talk with the driver, what do I hear, see, and smell? c) How does the driver respond to my questions? d) Should I instruct the driver to exit the vehicle? e) How does the driver exit? f) When the driver walks toward the side of the road, what do I see? *g) All 189) The task in Phase _________ is to administer structured, formal psychophysical tests.

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a) One b) Two *c) Three d) All 190) Phase Three term is used to describe field sobriety tests that measure a person’s ability to perform both mental and physical tasks _________. a) separate b) apart *c) simultaneously d) individually 191) Based on these tests, you must decide whether there is probable cause to arrest the driver for DUI. Ask yourself _________. a) Should I administer field sobriety tests to the driver? b) How does the driver perform those tests? c) What exactly did the driver do wrong when performing the tests? d) Do I have probable cause to arrest for DUI? *e) All 192) Each of the major decisions can have any one of _______ different outcomes. a) two *b) three c) four d) five 193) Each of the major decisions can have any one of three different outcomes: _________. a) Yes—Do it Now b) Wait—Look for Additional Evidence c) No—Don’t Do It *d) All 194) _______—Do It Now *a) Yes b) Wait c) No 195) Yes—Do It Now. Phase _______: Yes, there is reasonable suspicion to stop the vehicle. *a) One b) Two c) Three 196) Yes—Do It Now. Phase _______: Yes, there is enough reason to suspect subject impairment to justify getting the driver out of the vehicle for further investigation. a) One *b) Two c) Three 197) Yes—Do It Now Phase. _______: Yes, there is probable cause to arrest the driver for DUI right now. a) One b) Two *c) Three 198) ______—Look for Additional Evidence a) Yes *b) Wait

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c) No 199) Wait—Look for Additional Evidence. Phase _______: Don’t stop the vehicle yet; keep following and observing it a bit longer. *a) One b) Two c) Three 200) Wait—Look for Additional Evidence. Phase _______: Don’t get the driver out of the car yet; keep talking to and observing the driver a bit longer. (This option may be limited if the officer’s personal safety is at risk.) a) One *b) Two c) Three