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Which of the following is true about the crime of Driving While Intoxicated?

1) The operator's BAC is 0.08 or higher
2) The operator is under the influence of a Schedule I through IV drug
3) The operator is under the influence of alcohol and at least one or more drugs which are not controlled substances
4) All of the above

1 Answer

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Final answer:

The crime of Driving While Intoxicated can be established if the operator has a BAC of 0.08 or higher, is under the influence of a Schedule I through IV drug, or is under the influence of alcohol and non-controlled substances; thus, the correct answer is 'All of the above'.

Step-by-step explanation:

When discussing the crime of Driving While Intoxicated (DWI), it's important to note that several factors can indicate intoxication. Firstly, if the operator's Blood Alcohol Concentration (BAC) is 0.08 or higher, this is typically considered legally intoxicated in most jurisdictions. Secondly, the operator could be considered under the influence if they have consumed a Scheduled I through IV drug, which are categorized based on their potential for abuse and their medical use. And lastly, being under the influence of alcohol in combination with one or more drugs that are not controlled substances can also constitute a DWI offence. Therefore, the correct answer to the question is all of the above.

The BAC is a measure of the concentration of alcohol in an individual's bloodstream, and it is affected by various factors such as age, sex, body weight, and pre-existing health conditions, even if the same amount of alcohol is consumed. Additionally, the cerebellum, which is a part of the brain responsible for coordination, is particularly sensitive to alcohol, and impairment of coordination is one of the key elements assessed during a Field Sobriety Test (FST).

Acute alcohol intoxication can result in various changes in consciousness, from euphoria at low doses to sedation and even loss of consciousness or memory at higher doses. In cases of driving, such impairments can increase the risk of accidents, hence the stringent legal limits on BAC while operating a vehicle.

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