70.4 Driving Under The Influence Manual Flashcards

1
Q

The responsible person shall be requested to sign a CHP 202F, Driving Under the Influence Cite and Release Admonishment. If the responsible person refuses to sign the form, write “refused” in the signature box. The form shall be retained and attached to the DUI report. The arrested person _____ be booked whenever a responsible person is not willing to sign the admonishment form. Should or Shall?

A

Should

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

True or False. When an arrestee is cited and released for DUI, the arresting officer shall include the following in the Additional section of the arrest report: The arrestee was cited and released. The name of the responsible person to whom the arrestee was released. The location where the arrestee was released (e.g., Area office, jail facility, police department, residence, friend’s house).

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Sections 23152(d) and 23153(d) CVC make it unlawful for any person to drive a commercial motor vehicle, as defined in Section 15210 CVC, with a BAC of 0.04 percent or greater. Does a recreational vehicle apply to these sections?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

True or False. Although usually charged as felonies, many DUI and manslaughter offenses may be punished as misdemeanors (e.g., Sections 23152/23550 and 23153 CVC and Sections 192[c][1] and 192[c][3] PC).

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

True or False. If the arrestee agrees to submit to a chemical test but declines to specify which one, the officer will designate a test.

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Which of the following sections does CVC 40300.5 not apply to?
a. 23136 Under 21, .01 or greater
b. 23154 Probabtion .01 or greater
c. 23140 Under 21, .05 or greater
d. All the above

A

d. All the above

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Areas shall prepare operational plans for each DUI check point and submit it to division at least how long prior to the date of operation?
a. 48 hours
b. One week
c. 30 calendar days
d. 24 hours

A

b. One week

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

At the completion of a DUI checkpoint, the team leader shall prepare copies of the CHP205 for transmittal to the appropriate field division within?
a. 48 hours
b. One week
c. 30 calendar days
d. 24 hours

A

a. 48 hours

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Areas are required to provide a printed press release to the media_______ prior to the checkpoint operations, that include general information outlining dates, times, and geographical areas where checkpoint operations will occur. Specific checkpoint location shall not be released sooner than________ prior to the checkpoint start time.
a. 24 hours/ 6 hours
b. 12 hours/ 6 hours
c. 48 hours/ 2 hours
d. 48 hours/ 8 hours

A

c. 48 hours/ 2 hours

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

A juvenile arrested for a violation of section 23152(a) VC may legally consent to a blood draw_______________:
a. After notifying their parent or guardian.
b. Without parental permission
c. With parental permission.
d. None are correct

A

b. Without parental permission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Officers may include a charge of Section 273a(b) PC whenever a person is arrested for a violation of Section 23152 CVC and a person under __ years of age is a passenger in the vehicle.
A) 12
B) 14
C) 16
D) 18

A

D) 18 (HPM 70.4, Pg 4-7)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Section 1213.1(c) of Title 13, California Code of Regulations (CCR), adopted per Sections 34501 and 34501.15 CVC, requires officers to place the operator of a commercial vehicle, as defined in Section 15210 CVC, out-of-service for a period of how many hours (18/24/36/48) when the driver is found to have a BAC of 0.01 percent or greater?

A

24 hours (HPM 70.4, Pg 4-16,17)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Pursuant to Title 17 CCR, Portable Evidential Breath Testing (PEBT) devices shall be checked for accuracy every ___ days or ___ tests (whichever occurs first), and the results shall be reviewed by a forensic alcohol laboratory.
A) 5, 150
B) 10, 150
C) 5, 125
D) 10, 125

A

B) 10 days or 150 tests (HPM 70.4, Pg 5-17)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

A CHP 202K, Preliminary Alcohol Screening (PAS) Device Accuracy Check/Calibration Log, shall be retained at the Area for ____ years plus the current year, from the date of the last calibration listed on the log?
A) 2
B) 3
C) 4
D) 5

A

A) 2 (HPM 70.4, Pg 7-12)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

If the driver is cited or arrested for tampering with the Ignition Interlock Device, the officer may/should/shall take the IID for evidence only if the device can be easily removed without damaging the vehicle. Additionally, if possible, the officer may/should/shall photograph the IID and document any obvious signs of tampering.

A

should, should (HPM 70.4, Pg 13-4)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

If there is less than ________ percent BAC as measured by a chemical test, it shall be presumed that the person was NOT under the influence.

A

Less than 0.05 percent

17
Q

How many standardized FST’s are there, how many validated clues for each test, and how many clues needed for a “positive” for a 0.10 BAC result?

A
  1. HGN, 6 validated clues, 4 required for a positive.
  2. Walk-and-turn, 8 validated clues, 2 required for a positive.
  3. One-leg-stand, 4 validated clues, 2 required for a positive.
18
Q

Can a person released per 849(b) be arrested and booked once they are released from the hospital?

A

Yes

19
Q

Does implied consent apply to bicycle DUI?

A

No

20
Q

How can you tell if the charge has been reduced to a wet reckless?

A

A code “R” in the disposition

21
Q

Drivers under the influence of alcohol and/or
drugs are detected and evaluated through a three-phase process:

A

Phase One - Vehicle In Motion
Phase Two - Personal Contact
Phase Three - Pre-arrest Screening

22
Q

What are the Standardized Field Sobriety Tests?

A

(1) Horizontal Gaze Nystagmus.
(2) Walk and Turn.
(3) One-Leg-Stand.

23
Q

Blood specimens shall be retained for a
minimum period of _________ from date of collection.

A

one year

24
Q

How often are PAS device accuracy checks required?

A

Every ten calander days or 150 test
which ever comes first.

25
Q

What is the minimum number of warnings signs required for a DUI Checkpoint?

A

Six warning signs.