This document contains questions and answers about operating while intoxicated (OWI) law. It covers topics like the elements of an OWI offense, when an OWI is not a criminal offense, challenging breathalyzer test results, requesting a refusal hearing, amending charges at trial, sentencing options, and more. The document is formatted as a study guide with multiple choice questions on various OWI-related legal topics.

1. Master of Defense: OWI Q&A
General OWI Intoximeter Administrative Trial Issues Sentencing
Law? Test Suspension &
Refusal
Hearings
10 10 10 10 10
20 20 20 20 20
30 30 30 30 30
40 40 40 40 40
50 50 50 50 50

2. General OWI Law?
– 10 points
What are the elements of the
OWI offense?

3. General OWI Law
– 20 points
Can your client be charged
with OWI if they are found
in their driveway?

4. General OWI Law
– 30 points
When is OWI not a criminal
offense?

5. General OWI Law
– 40 points
My Client was pulled over
while on his riding lawn
mower, going from his house
to cut his neighbor’s lawn.
Can he be charged with
OWI?

6. General OWI Law
– 50 points
Does my client have to be found
“driving” the vehicle in order to
be guilty of OWI?

7. Intoximeter Test
– 10 points
The police failed to wait the
mandated 20-minute observation
period. Does that mean the test
must be suppressed?

8. Intoximeter Test
– 20 points
How can a defense attorney
challenge the Intoximeter test
results?

9. Intoximeter Test
– 30 points
What is the condensation defense?

10. Intoximeter Test
– 40 points
Are the police required to
give your client an additional
test under 343.305?

11. Intoximeter Test
-50 points
What is the machine-
operational-errors defense?

12. Administrative Suspension &
Refusal Hearings
– 10 points
How does a client request a
refusal hearing or
administrative-suspension
review?

13. Administrative Suspension &
Refusal Hearings
– 20 points
How does an attorney get the
documents needed for an
administrative suspension
hearing?

14. Administrative Suspension &
Refusal Hearings
– 30 points
What does implied consent mean?

15. Administrative Suspension &
Refusal Hearings
– 40 points
Why is it a good idea to hand
deliver your client’s demand for
a refusal hearing?

16. Administrative Suspension &
Refusal Hearing– 50 points
What are the three issues covered
at a refusal hearing?

17. Trial Issues
– 10 points
Can the district attorney use
my client’s PBT at trial?

18. Trial Issues
– 20 points
Your client’s citation has
“operating under the
influence” as the offense. Is
this sufficient to properly
inform the client of the
pending charges?

19. Trial Issues
– 30 points
Can the prosecutor amend my
client’s charge?

20. Trial Issues
– 40 points
Does having a municipal
trial, bar the client from
requesting a jury trial?

21. Trial Issues
– 50 points
What are the time limits
for filing dismissal
motions?

22. Sentencing
– 10 points
Should I tell my client to get
treatment?

23. Sentencing
– 20 points
Are there any circumstances
where an ignition interlock
device would not be required?

24. Sentencing
– 30 points
Can my the judge sentence my
client to home detention in lieu
of imprisonment?

25. Sentencing
– 40 points
What are the options for a
judge that doesn’t want your
client to lose his job while
serving his sentence?

26. Sentencing
– 50 points
What is community service
good time, and what is the
accrual rate?