Suburban Law Enforcement Academy (SLEA) BA State Certification Practice Exam

What factor is NOT required to establish DUI impairment?

1. Behavioral observation

2. Presence of chemical evidence

3. Time of day

4. Field sobriety test results

The correct answer is: Time of day

To establish DUI impairment, the key factors generally focused upon include behavioral observations, chemical evidence, and the results of field sobriety tests. Behavioral observation assesses the conduct of the driver and may include indications of intoxication such as slurred speech or erratic driving patterns. The presence of chemical evidence, often through breath, urine, or blood tests, provides a measurable level of alcohol or drugs in the driver's system, further supporting the case for impairment. Additionally, field sobriety tests are used to evaluate a driver's physical and cognitive abilities to gauge their impairment state. The time of day, however, is not a requisite element in establishing DUI impairment. While it may be relevant contextually—for instance, if it affects the likelihood of driving under the influence—it does not directly contribute to proof of impairment itself. Therefore, its absence does not negate the establishment of DUI impairment, making it the factor that is NOT required.