Step
I: Alcohol and the Law: What Should Shannon Do?
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Shannon's
Story:
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It is Saturday
night, and Shannon is at a party at her friend
Jessica's house. Shannon is 17 years old, and
Jessica's parents are out of town. Both girls'
parents know that Shannon is going to sleep over
that night, but they don't know that Shannon and
Jessica have invited a few more guests. One of
those guests brings beer and vodka, and everyone
drinks.
At about 9:30 p.m., one
of the boys says he is hungry and Shannon
volunteers to go to the store to get snacks. She
gets into her car, and as she drives down the
street, she swerves into a parked car. The car's
alarm goes off, and the owner comes out of the
house to see what happened. When he sees Shannon in
her car, looking dazed, he calls the police and an
ambulance.
Two police officers
arrive and determine that Shannon is unhurt. They
ask her if she has been drinking. She denies
drinking any alcohol, but one officer smells beer
on her breath and asks her to breathe into a tube.
Shannon shakes her head no. The officer also asks
her to walk a straight line, but she refuses to do
that, too. When he asks why she refuses to take the
tests, she says she knows her rights and she does
not have to do anything or say anything.
The police officers
escort Shannon into the police car and they drive
to the police station. On the way there, an officer
asks her name and address, but Shannon refuses to
talk to him. She is scared, but is convinced that
if she says nothing, she will be safer. When they
arrive at the station, the officers take her
inside. There, the police open her purse and take
out her wallet, which contains her name and address
on her driver's license.
Your task today is to
find out what Shannon should have done and what
could happen to her. Does she really have the right
to refuse to answer the police officer's questions
and to take the alcohol tests? What are the
possible punishments for her behavior? What will
happen next?
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Below is a list of frequently
asked questions about alcohol and the law. Next to each
question is one or more links you can use to find the answer
to that question. Use the links to answer the questions on
this worksheet. Remember to bring it to your youth court
coordinator when you finish it. (If you can't download or
you do not have Word on your computer, click "See it online"
and print it.) See it
online | download
it in Word.
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1.
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What is Driving Under the Influence (DUI) /
Driving While Intoxicated (DWI)?
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answer
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2.
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Questions about DUI/DWI:
- Is DUI/DWI really a big problem,
or is it all just hype?
- Is it "safer" to drink beer,
wine or hard liquor in excess?
- What is a blood alcohol
content?
- Can Shannon be charged with
DUI/DWI for driving after taking
drugs?
- What will happen if Shannon has
more than one DUI/DWI
conviction?
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answers
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- Is DUI a misdemeanor or a
felony?
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answer
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- What is the legal blood alcohol
limit in my state?
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answer
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- What is the penalty for DUI/DWI
in my state?
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answer
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3.
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Because Shannon is under the legal drinking
age, it is illegal for her to have any alcohol in
her system. If she were over 21, how drunk or high
would Shannon have to be before she could be
convicted of driving under the influence?
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answer
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4.
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How can the police find out whether Shannon
is under the influence?
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answer
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5.
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Does Shannon have to take a blood, breath or
urine test if asked to do so by the police?
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answer
answer
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6.
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If Shannon is stopping for driving under the
influence, is she entitled to talk to an attorney
before she decides which chemical test to
take?
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answer
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7.
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Remember that while Shannon was taken to the
police station, the officers had not charged her
with a crime or read her rights to her. However,
the police officer ask her questions along the way
to the station. Is this legal?
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answer
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8.
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If Shannon is charged with drunk driving,
should she get a lawyer?
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answer
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9.
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Is it legal to design a roadblock to catch
drunk drivers?
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answer
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top
For questions
10-18, assume Shannon lives in your
state.
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10.
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What should Shannon do if a police officer
pulls her over?
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answer
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11.
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If a police officer pulls her over, can the
officer search her car?
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answer
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12.
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Shannon's car is towed and impounded
(confined in legal custody), and the police search
the car for drugs, open bottles, and other illegal
items. Is this search legal?
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answer
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13.
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What if Shannon was pulled over at a
roadblock and asked to wait and answer a police
officer's questions. Is this legal?
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answer
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14.
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What is bail, how is it set, and how would
Shannon pay it?
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answer
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15.
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What if Shannon were legally stopped by a
police officer on the street, can he search
her?
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answer
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16.
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Can a frisk turn into a full-blown
search?
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answer
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17.
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If Shannon is questioned by a police officer
after being stopped on the street, does she have to
respond to the questions?
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answer
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18.
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What are Shannon's rights?
(Answers the question, "My
daughter was arrested for underage drinking and a
curfew violation, but her rights were never read to
her. She was handcuffed, fingerprinted and given a
breath test, which she failed. Does she have any
legal rights when she faces the
judge?)
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answer
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top
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