Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

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TRUE OR FALSE: A DUI suspect in the hospital can be removed for arrest and taken before a magistrate.

True
False
Only if the suspect consents
Only if another officer is present

The correct answer is: False

The assertion that a DUI suspect in the hospital cannot be removed for arrest and taken before a magistrate is based on legal principles regarding the rights and welfare of individuals in medical care. When a person is hospitalized, their health and well-being take precedence, especially if they are incapacitated or undergoing treatment. In such circumstances, law enforcement must balance their duty to enforce laws against the need to ensure that the suspect receives appropriate medical care. If a suspect is in a condition that requires hospitalization, this generally limits law enforcement's ability to transport them for an arrest or court appearance until they are medically stable. There are also legal safeguards designed to protect individuals' rights in medical settings, ensuring that they are not unduly subjected to legal processes that may impede their health treatment. Factors like consent or the presence of another officer, while they might affect certain circumstances under which someone could be taken into custody, do not override the fundamental considerations regarding the suspect's immediate medical needs. Therefore, the correct answer is that a DUI suspect in the hospital cannot be removed for arrest and taken before a magistrate.