DUI & NHTSA, DCJS Test Concept
Review EXAM question with answerss
What are the 3 phases of DUI detection? - -• Phase One- Vehicle in Motion
• Phase Two- Personal Contact
• Phase Three- Pre- Arrest Screening
-What does the implied consent law grant - -• 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. - -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? - -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? - -• Breath sample Cooling • Breath Sample Composition •
Residual mouth alcohol • Breath Contaminants • Radio frequency interference
-Is DUI a criminal or motor vehicle infraction? - -Criminal
-What is the VA case law that established DUI checkpoints? - -Lowe V. Commonwealth
-What is the involuntary jerking of the eye as it gazes to the side? - -Nystagmus
-If a person is arrested for DUI how long do you have to administer the Intox test? - -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? - -Within 3 Hours of the
offense
-If you arrest someone for DUI they have a right to see the results of the breath test? - -TRUE
-If you pull over a juvenile driver what must you have? - -Petition (not a criminal Complaint)
-If you stop a DUI Driver whose BAC does not coincide or is not consistent with the SFST conducted,
what should you do? - -Get a blood draw (they are probably under the influence of a drug.)
-DUID is illegal and can be charged? - -TRUE
Review EXAM question with answerss
What are the 3 phases of DUI detection? - -• Phase One- Vehicle in Motion
• Phase Two- Personal Contact
• Phase Three- Pre- Arrest Screening
-What does the implied consent law grant - -• 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. - -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? - -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? - -• Breath sample Cooling • Breath Sample Composition •
Residual mouth alcohol • Breath Contaminants • Radio frequency interference
-Is DUI a criminal or motor vehicle infraction? - -Criminal
-What is the VA case law that established DUI checkpoints? - -Lowe V. Commonwealth
-What is the involuntary jerking of the eye as it gazes to the side? - -Nystagmus
-If a person is arrested for DUI how long do you have to administer the Intox test? - -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? - -Within 3 Hours of the
offense
-If you arrest someone for DUI they have a right to see the results of the breath test? - -TRUE
-If you pull over a juvenile driver what must you have? - -Petition (not a criminal Complaint)
-If you stop a DUI Driver whose BAC does not coincide or is not consistent with the SFST conducted,
what should you do? - -Get a blood draw (they are probably under the influence of a drug.)
-DUID is illegal and can be charged? - -TRUE
