Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

For a DUI arrest, at what point must an officer take possession of the driver's license?

1. Before questioning the suspect

2. After the administrative notice is served

3. Only if the driver agrees to a blood test

4. After the magistrate has approved the arrest

The correct answer is: After the administrative notice is served

The correct choice is tied to the procedures that govern a DUI arrest and the administrative laws regarding the handling of a driver's license during that process. After an officer establishes probable cause for a DUI arrest, they are typically required to serve the administrative notice of license suspension or revocation based on the driver's refusal to submit to testing or because of the results from breath, blood, or urine tests indicating intoxication. By taking possession of the driver's license after serving the administrative notice, the officer acts in compliance with state regulations, ensuring that the necessary legal steps are followed. This action also serves to inform the driver of the immediate consequences related to their driving privileges as a part of the DUI enforcement process. Understanding this aspect of DUI protocol is crucial for law enforcement officers, as it ensures that they adhere to legal standards while executing their duties effectively. The other options do not align with the legal requirements. Taking possession of the license before questioning may infringe on the driver's rights. Waiting until after a magistrate's approval could delay the necessary administrative actions. Only collecting the license if the driver agrees to a blood test overlooks the broader implications of the arrest process as governed by DUI laws.