Alcohol Laws

Card Set Information

Author:
jong
ID:
33804
Filename:
Alcohol Laws
Updated:
2012-12-08 00:55:51
Tags:
Alcohol DUI
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Description:
WA Criminal Laws
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  1. Horizontal
    Nystagmus
    • 1. Lack of Smooth Pursuit to Max Deviation. Is Smooth or w/Nystagmus? (2x each eye)
    • 2. Distinct Nystagmus at Max Deviation (HOLD for 4 sec’s – 2x each eye)
    • 3. Onset of Nystagmus prior to 45° -GO SLOW (2x each eye)

    • 6 Total Clues Possible (3 per eye)
    • RESULTS: 4 or more clues = 77% chance BAC is 0.10 or greater
  2. Driver License Interlock Device Needed.
    What letter is on DL?
    'G'
  3. Circumventing Interlock Device
    • INTERLOCK Device is Required
    • AND Tampers with the device
    • OR Directs, Authorizes, or Requests another to tamper with the divice in order to circumvent the device.
    • Criminal Traffic - Gross Misdemeanor
    • 46.20.750
  4. Driving WITHOUT Interlock Device
    • INTERLOCK IGNITION DEVICE is Required
    • AND person is NOT using the Device.
    • Driver's License Shows Restriction Letter 'G'.
    • 1st Conviction: Device will be used for 1 year period
    • 2nd Conviction: Device used for 5 years
    • 3rd Conviction: Device used for 10 years

    • Criminal Traffic - Misdemeanor
    • 46.20.720
  5. Open Container
    OR
    Drinking of Alcohol in Vehicle
    • OPEN Alcoholic Container
    • OR Receptacle containing Alcohol
    • OR Broken Seal on Alcoholic Container
    • OR Contents Partially Removed

    • Traffic Infraction - $$$
    • 46.61.519
  6. 3 Types of Alcohol
    • Ethyl (or Grain) - which we drink
    • Methyl (or Wood) - which is very poisonous
    • Isopropyl (or Rubbing)
  7. Disguising Alcoholic Beverage
    • DRIVING
    • AND HAVING an Incorrectly Labelled Alcoholic Container
    • OR Placing Alcohol in a Non-Alcoholic Container

    • Infraction Traffic - $$$
    • 46.61.5195
  8. DUI
    (Commercial Drivers and Alcohol)
    • COMMERCIAL Driver:
    • (1) Gross wt of 26,001 or more lbs
    • OR (2) Designed to carry 16 or more passengers
    • OR (3) Transports hazardous materials
    • OR (4) Vehicle is a School Bus

    Driver refuses to be tested I can issue an Out-Of-Service Order for 24 hrs.

    • BAC level 0.01-0.039: Out-Of-Service Order for 24 hrs. NO form to DOL
    • BAC level 0.04-0.079: Out-Of-Service order for 24 hrs AND Form to DOL
    • BAC level 0.08+: DUI, AND Out-Of-Service for 24 hrs AND Form to DOL
  9. Minor Possessing Alcohol
    • MIP (Minor In Possession) = BAC Level 0.01 – 0.02
    • Minor (Under 21 yo)
    • Possess Alcohol
    • OR Consumes Alcohol
    • OR Acquires Alcohol

    • Criminal Non-Traffic - Gross Misdemeanor
    • 66.44.270.2a
  10. Minor Driving and Consuming Alcohol
    • Minor (Under 21 yo)
    • AND DRIVING
    • OR WITHIN TWO HOURS of Driving
    • WITH BAC Level 0.02 – 0.079 (consuming alcohol)

    • Criminal Non-Traffic - Misdemeanor
    • 46.61.503
  11. Minor Possessing Alcohol
    • Minor (Under 21 yo)
    • Possesses Alcohol
    • OR Acquires Alcohol
    • OR Consumes Alcohol

    • Criminal Non-Traffic - Gross Misdemeaner
    • 66.55.270.2a
  12. Minor Entering Tavern / Bar
    • Minor (Under 21 yo)
    • Enters Tavern / Bar
    • OR Remains in Tavern / Bar

    • Criminal Non-Traffic - Misdemeanor
    • 66.44.310
  13. Minor Exhibiting Effects of Alcohol
    • Minor (Under 21 yo)
    • Exhibiting effects of Alcohol in a Public Place
    • OR Motor Vehicle

    • Criminal Non-Traffic - Gross Misdemeanor
    • 66.44.270.2b
  14. Furnishing Liquor to Minors
    • Unlawful for anyone to:
    • Sell Liquor
    • OR Give Liquor
    • OR Otherwise Supply Liquor
    • OR Permit any Minor to Consume Liquor at their premises or any Premises under their Control (i.e.real property, houses, buildings, and other structures, motor vehicles and watercraft)

    • Criminal Non-Traffic - Gross Misdemeanor
    • 66.44.270.1
  15. Minor Purchasing Alcohol
    • Minor (Under 21 yo)
    • Purchase Alcohol
    • OR Attempt to Purchase Alcohol

    • Criminal Non-Traffic - Misdemeanor
    • 66.44.290
  16. Under Influence
    and
    Physical Control of Vehicle
    • Physical Control* (In Control of Vehicle while Under the Influence)
    • OR WITHIN TWO Hours of Physical Control*
    • AND Under the Influence of Liquor (Alcohol Concentration of 0.08 or higher [breath or blood])
    • OR Under influence of COMBINATION of liquor and/or drug Criminal

    • *Physical Control:
    • Keys in ignition?
    • Vehicle running?
    • Driver in back seat?
    • Keys in pocket, dash or floorboard?
    • Is vehicle legally off the road?
    • Is vehicle touching the white fog line (on the road)?

    • Criminal Traffic - Gross Misdeeanor
    • 46.61.504
  17. Drinking in Public
    • Opening Alcohol
    • OR Consuming Alcohol
    • In Public

    • Infraction Non-Traffic - $$$
    • 66.44.100
  18. Selling Alcohol to
    Apparently Intoxicated Person
    • Apparently Intoxicated Person
    • NO Licensed Liquor Establashment may sell alcohol to such a person

    • Criminal Non-Traffic - Misdemeanor
    • 66.44.200.1
  19. Intoxicated Person
    Purchasing / Consuming Alcohol
    • Apparently Intoxicated Person
    • NO Licensed Liquor Establashment may sell ANY alcohol to such a person

    • Infraction Non-Traffic - $$$
    • 66.44.200.2
  20. Using Someone Else's ID
    • Any Person who Unlawfully (falsely)
    • Procures ID (identification)
    • OR Has Issued ID
    • OR Has Transferred ID
    • AND uses that ID to Obtain Alcohol from ANY Licensed Liquor Establishment
    • OR to gain admission to ANY Licensed Liquor Establishment
    • Criminal Non-Traffic - Misdemeanor
    • 66.20.200.2
  21. Giving Someone Else Your ID
    • Unlawful for the Owner of ID to Transfer their ID to Another Person
    • AND that person uses that ID to Obtain Alcohol from ANY Licensed Liquor Establishment
    • OR to gain admission to ANY Licensed Liquor Establishment

    • Criminal Non-Traffic - Misdemeanor
    • 66.20.200.1
  22. Horizontal Nystagmus
    • 1. Lack of Smooth Pursuit to Max Deviation. Is Smooth or w/Nystagmus? (2x each eye)
    • 2. Distinct Nystagmus at Max Deviation (HOLD for 4 sec’s – 2x each eye)
    • 3. Onset of Nystagmus prior to 45° -GO SLOW (2x each eye)

    • 6 Total Clues Possible (3 per eye)
    • RESULTS: 4 or more clues = 77% chance BAC is 0.10 or greater
  23. Horizontal Nystagmus
    • 1. Lack of Smooth Pursuit to Max Deviation. Is Smooth or w/Nystagmus? (2x each eye)
    • 2. Distinct Nystagmus at Max Deviation (HOLD for 4 sec’s – 2x each eye)
    • 3. Onset of Nystagmus prior to 45° -GO SLOW (2x each eye)

    • 6 Total Clues Possible (3 per eye)
    • RESULTS: 4 or more clues = 77% chance BAC is 0.10 or greater
  24. DUI FST's:
    Verticle Gaze Nystagmus
    Person follows pen with eyes looking as high up as possible and HOLDS for 4 seconds
  25. DUI FST's:
    Walk & Turn
    • 1. [Demonstrate] Pick a line and place LEFT foot on it. Put RIGHT foot in front of the LEFT foot touching the heel-to-toe, with both arms at your sides. HOLD this position until I tell you to start. Do you understand? Now, you stand in this position
    • 2. [Demonstrate] When I tell you to start, take 9 heel-to-toe steps on the line looking at your feet at all times AND with both arms at sides, WHILE counting your steps out loud. ONCE YOU START DO NOT STOP. After taking these 9 steps, turn around by taking small steps while keeping your LEFT foot on line. Then, take another 9 more heel-to-toe steps on the line and return to the starting point. Do you understand? You may begin the test.

    • 8 CLUES TOTAL:
    • 2 CLUES PRIOR TO STARTING TEST:
    • Balance poor
    • Starts early

    • 6 CLUES DURING THE TEST:
    • 1. Stops
    • 2. Steps Off the line
    • 3. Wrong # of steps
    • 4. Heel to toe is off
    • 5. Moves arms
    • 6. Wrong turn

    RESULTS: 2 or more clues = 68% chance BAC
  26. DUI FST's:
    Walk AND Turn clues
    • 8 CLUES TOTAL:
    • 2 CLUES PRIOR TO STARTING TEST:
    • Balance poor
    • Starts early

    • 6 CLUES DURING THE TEST:
    • 1. Stops
    • 2. Steps Off the line
    • 3. Wrong # of steps
    • 4. Heel to toe is off
    • 5. Moves arms
    • 6. Wrong turn

    RESULTS: 2 or more clues = 68% chance 0.10 BAC or Greater
  27. DUI FST – 1 Leg Standing
    • 1. [Demonstrate] Stand with feet together and both arms at your sides. And, HOLD this position until I tell you to start. Do you understand? Now, you stand in this position.[Tests the foot that is on the ground].
    • 2. [Demonstrate] When I tell you to begin, raise one leg – either leg can be used - approximately 6” off the ground, with the toe pointed out. Keep both legs straight with arms at sides and look at your raised foot. HOLD this position and count out loud in the following manner: 1001, 1002, 1003, and so on, until I tell you to stop. If you put your foot down, raise it back up and continue counting where you left off. Do you understand? You may begin the test. [Record actual time. Goal = 30 sec’s]

    • 4 Clues Total:
    • 1. Sways
    • 2. Arms move
    • 3. Hops
    • 4. Foot drop (OR stops pointing toe out)

    RESULTS: 2/4 or more clues (or can’t complete test)= 65% chance BAC is 0.10 BAC or Greater
  28. DUI FST's:
    1 Leg Standing clues
    • 4 Clues Total:
    • 1. Sways
    • 2. Arms move
    • 3. Hops
    • 4. Foot drop (OR Stops pointing toe out)

    RESULTS: 2/4 or more clues (or can’t complete test)= 65% chance BAC is 0.10 or greater
  29. DUI FST's:
    Romberg / Balance
    • 1. [Demonstrate] Stand with feet together and arms at your sides. And, HOLD this position until I tell you to start. Do you understand? Now, you stand in this position.
    • 2. [Demonstrate] When I tell you to begin, I want you to tilt your head back, then close both eyes and estimate 30 seconds. When 30 seconds has passed, open your eyes and look at me and say “STOP”. Do you understand? You may begin the test. [Record actual time. Goal = 30 sec’s]

    • 6 Clues Total:
    • 1. Sways
    • 2. Arms move
    • 3. Time is off
    • 4. Moves head
    • 5. Eye lid tremors
    • 6. Opens eye during test
  30. DUI FST's:
    Romberg / Balance clues
    • 6 Clues Total:
    • 1. Sways
    • 2. Arms move
    • 3. Time is off
    • 4. Moves head
    • 5. Eye lid tremors
    • 6. Opens eye during test
  31. Modified Finger to Nose
    • 1. [Demonstrate] Stand with feet together and arms to sides with your index fingers pointed and palms facing forward/out. And, HOLD this position until I tell you to start. Do you understand? Now, you stand in this position.
    • 2. [Demonstrate] When I tell you to start, tilt your head back, and then close both eyes. Then bring the hand you are directed to upward, touching the tip of your index finger to the tip of your nose. After touching your nose, IMMEDIATELY bring your hand back down to your side. Do you understand? We will now begin the test.

    Testing Sequence: Left, Right, Left, Right, Right, & then Left

    • 6 Clues Total:
    • 1. Sways
    • 2. Unable to touch end of nose
    • 3. Did not use tip of finger
    • 4. Eye lid tremors
    • 5. Opens eye during test
    • 6. Does not bring hand down from nose
  32. Clues for Modified Finger to Nose
    • 6 Clues Total:
    • 1. Sways
    • 2. Unable to touch end of nose
    • 3. Did not use tip of finger
    • 4. Eye lid tremors
    • 5. Opens eye during test
    • 6. Does not bring hand down from nose
  33. DUI Field Sobriety Tests (FST's) include
    • Entry Tests:
    • Pupil Size Equal
    • Equal Tracking
    • Resting Nystagmus

    • 3 FST's
    • Horizontal Nystagmus
    • Walk & Turn
    • 1 Leg Standing


    • Other DUI Tests:
    • Verticle Gaze Nystagmus
    • Romberg / Balance
    • Modified Finger to Nose
  34. PBT (Pre-Arrest Breath Test)
    • Questions:
    • 1. Have you smoked within the last 3 min’s?
    • 2. Have you had anything to eat or drink in the last 15 min’s?

    RECORD: The % Alcohol, The Time, and Serial # of machine

    • NOTE: PBT temp = 20-36° C
    • NOTES:· 0.25 level or higher wait 30 min’s and repeat test.
  35. Blood Draws can be taken When?
    • Can take a Blood Draw under RCW 46.20.308 for 4 scenario's
    • 1. Vehicular Homicide
    • 2. Vehicular Assault
    • 3. Unconscious
    • 4. DUI with serious bodily injuries to another from accident
  36. Conditions that must be Met to Administer a Breath Test under Implied Consent
    4 conditions that must be met to administer breath test under implied consent:

    • 1. Person is driving or in physical control
    • 2. PC (Probable Cause)
    • 3. Under arrest
    • 4. Implied consent warning read to them
  37. Horizontal Nystagmus
    • 1. Lack of Smooth Pursuit to Max Deviation. Is Smooth or w/Nystagmus? (2x each eye)
    • 2. Distinct Nystagmus at Max Deviation (HOLD for 4 sec’s – 2x each eye)
    • 3. Onset of Nystagmus prior to 45° -GO SLOW (2x each eye)

    • 6 Total Clues Possible (3 per eye)
    • RESULTS: 4 or more clues = 77% chance BAC is 0.10 or greater

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