DWI Enforcement

Question 0

Breath Samples From Minors Under 18 Years of Age

1. The Family Code, Title 3, Chapter 52, Section 52.02(d) states that a juvenile taken into custody for DUI Minor-Alcohol may submit to the taking of a breath specimen without the concurrence of an attorney, but only if the request and the child’s response to that request is _____.
2. In accordance with this statute, officers wishing to request a breath specimen from a juvenile arrested for DUI Minor-Alcohol must _____ the administration of the DIC-24 prior to administering the intoxilyzer test.

Answer 0

videotaped; videotape

Question 1

If a DWI officer is not available to respond, the officer shall conduct the preliminary DWI investigation and take appropriate enforcement action. A DWI officer should be considered unavailable if they are not en-route within ____ minutes of the assist request.

Answer 1

15

Question 2

If the intoxilyzer results indicate the driver’s alcohol concentration was less than ____ percent, it shall be presumed that the person was not under the influence of an alcoholic beverage at the time of the alleged offense.

1. The arresting officer shall contact his supervisor or a DWI Enforcement Unit supervisor.
2. The responding supervisor shall review the MVR recording of the initial stop and subsequent investigation.
3. Absent confirmation of the presence of drugs through an examination by a Drug Recognition Expert, the responding supervisor shall order the release of the driver or direct the officer to issue a citation for the original traffic or other violation.

Answer 2

.05

Question 3

If the intoxilyzer results are ____ but less than ____, the arresting officer shall contact his supervisor or a DWI Enforcement Unit supervisor.

Answer 3

.05; .08

Question 4

WARRANTLESS MANDATORY BLOOD DRAWS
Arrested drivers ____ be required to provide a warrantless mandatory blood specimen after refusing to voluntarily give a specimen when they meet any of the following conditions:
1. A death has occurred or is likely to occur as a result of the collision; or
2. Serious bodily injury occurred to another as a result of the collision; or
3. Bodily injury occurred to ____ and that person was transported to a medical facility; or
4. The driver has ____ or more prior convictions for DWI; or
5. The driver is being charged with DWI with a child passenger under ____ years of age; or
6. The driver has ___ or more prior convictions for Intoxication Manslaughter; or
7. The driver has ___ or more prior convictions for DWI with a child passenger under 15 years of age.

Answer 4

shall; another; 2; 15; 1; 1