What type of alcohol do we consume? Correct Ans - ethanol
What type of drug is alcohol? Correct Ans - a CNS depressant
What is the name of the enzyme that aids the metabolism of alcohol?
Correct Ans - alcohol dehydrogenase enzyme
How quickly will the average person's BAC drop per hour? Correct Ans
- 0.015
"The number of grams of alcohol found in 100 milliliters of the person's
blood" = ? Correct Ans - BAC
BAC is the number of _____ of alcohol in every 100 milliliters of blood.
Correct Ans - grams
In which organ of the body does most of the metabolism of the alcohol take
place? Correct Ans - liver
TN's DUI Statute? Correct Ans - 55-10-401
According to TN's DUI statute, it's illegal for anyone to be in physical
control of a motor driven vehicle while doing what 3 things? Correct
Ans - 1. under the influence of some substance that causes mental and
physical impairment;
2. the person's BAC is 0.08 or above;
3. BAC of 0.04 or more and it's a commercial motor vehicle
What case law determined that "physical control of a vehicle" is defined by
the totality of the circumstances, such as the location of the suspect,
, whereabouts of ignition key, if the motor was running, the suspect's ability
to direct the use/non-use of the vehicle, or the extent of the vehicle being
able to be operated or moved under its own power? Correct Ans -
State v. Lawrence
What motorcycles won't qualify for DUI? Correct Ans - those under
50 cc
Does a motorized wheelchair qualify for DUI? Correct Ans - no
Can you use HGN in a jury court testimony? Correct Ans - no, but
you can use it to determine probable cause
What are the 3 elements of a DUI? Correct Ans - 1. driving/in
control of a motor vehicle, 2. on a public road or premises frequented by
the public, 3. while under the influence
"It is unlawful for any person to drive/be in physical control of any motor
vehicle on a public road or premises frequented by the public at large while
having a BAC at or above 0.08" = ? Correct Ans - per se statute
DUI vs Per Se? Correct Ans - DUI = driving while under the
influence;
Per Se = driving while having more than legal percent % of alcohol in blood
What does the chemical test prove for a DUI? What about for a Per Se?
Correct Ans - DUI -> additional evidence of impairment;
Per Se -> creates an inference of guilt
When making a DUI arrest, can you assume that chemical tests will be
available? Correct Ans - no
"Any person who operates a vehicle within the state of TN is deemed to
have consented to a breath test to determine the driver's BAC (but only if
the LEO has probable cause to believe the defendant was DWI)" = ?
Correct Ans - implied consent law
If a driver suspected of DUI refuses chemical tests, you can argue that this
is a what? Correct Ans - inference of guilt
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller LeCrae. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $12.49. You're not tied to anything after your purchase.