Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

Under what condition can Officer Carter charge Santiago with driving while intoxicated?

1. If Santiago was swerving

2. If Santiago reported use of narcotics

3. If Santiago is in the driver's seat

4. All of the above

The correct answer is: All of the above

To determine the basis for charging Santiago with driving while intoxicated, it is essential to consider the conditions under which law enforcement can make such a charge. Each of the provided scenarios contributes to establishing a case for driving while intoxicated. When considering the first scenario, Santiago swerving would indicate erratic driving behavior, which is often associated with impaired driving. Swerving can draw attention to a driver's control over the vehicle, potentially leading to a presumption of intoxication. The second scenario, where Santiago reports the use of narcotics, serves as a direct indicator of impaired judgment or ability to operate a vehicle safely. If a driver admits to using narcotics, it may provide grounds for a driving while intoxicated charge, as it demonstrates substance use that affects driving capabilities. Lastly, the situation where Santiago is simply in the driver's seat can also be relevant. Under certain laws, being in control of a vehicle while intoxicated, even if not actively driving, is sufficient for charging someone with driving while intoxicated. This principle applies mainly in cases where the individual has the capability to operate the vehicle, coupled with signs of intoxication or impairment. Therefore, any combination of these scenarios — erratic driving, admission of narcotics use, or presence in the driver's