Motor Vehicle Division DUI and Impaired Driving Laws 2 — Questions and Answers
Question 1: Which of the following is a field sobriety test standardized by NHTSA?
- Finger-to-nose test
- Horizontal gaze nystagmus test (Correct answer)
- Standing on one leg with eyes closed
- Reciting the alphabet backward
Correct answer: Horizontal gaze nystagmus test
The Horizontal Gaze Nystagmus (HGN) test is one of three NHTSA-standardized field sobriety tests used by law enforcement.
Question 2: A first-offense DUI conviction can typically result in which of the following penalties?
- Vehicle confiscation only
- Fines, license suspension, and possible jail time (Correct answer)
- Points on driving record only
- Mandatory vehicle impound for 1 year
Correct answer: Fines, license suspension, and possible jail time
A first DUI offense typically carries fines, license suspension, and in many states possible jail time or probation.
Question 3: What does 'per se' DUI mean?
- The driver must appear reckless to be charged
- Being at or above the legal BAC limit is automatically a DUI offense, regardless of observed impairment (Correct answer)
- DUI charges require a witness other than the officer
- Only prescription drugs trigger a per se violation
Correct answer: Being at or above the legal BAC limit is automatically a DUI offense, regardless of observed impairment
A per se DUI law makes it illegal to drive at or above the legal BAC limit, with no additional proof of impairment required.
Question 4: How long does alcohol typically take to be metabolized (burned off) per standard drink in an average adult?
- 15-20 minutes
- 30-45 minutes
- Approximately 1 hour (Correct answer)
- 2-3 hours
Correct answer: Approximately 1 hour
The liver metabolizes approximately one standard drink per hour, and no action speeds up this process.
Question 5: A DUI that results in serious injury or death to another person may be charged as what type of offense?
- Standard misdemeanor DUI
- Felony DUI or vehicular manslaughter (Correct answer)
- Traffic infraction only
- Civil violation
Correct answer: Felony DUI or vehicular manslaughter
When a DUI results in serious bodily injury or death, it is typically elevated to a felony charge such as vehicular manslaughter.
Question 6: Which substance other than alcohol can result in a DUI charge in all US states?
- Caffeine
- Prescription or over-the-counter medication that impairs driving (Correct answer)
- Energy drinks
- Non-alcoholic beer
Correct answer: Prescription or over-the-counter medication that impairs driving
DUI laws apply to any substance that impairs a driver's ability, including legal prescription and OTC medications.
Which of the following is a field sobriety test standardized by NHTSA?