70.4 Driving Under The Influence Manual

Question 1

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?

Answer 1

Should

Question 2

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).

Answer 2

True.

Question 3

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?

Answer 3

No

Question 4

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).

Answer 4

True.

Question 5

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.

Answer 5

True.

Question 6

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

Answer 6

d. All the above

Question 7

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

Answer 7

b. One week

Question 8

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

Answer 8

a. 48 hours

Question 9

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

Answer 9

c. 48 hours/ 2 hours

Question 10

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

Answer 10

b. Without parental permission

Question 11

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

Answer 11

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

Question 12

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?

Answer 12

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

Question 13

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

Answer 13

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

Question 14

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

Answer 14

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

Question 15

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.

Answer 15

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

Question 16

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.

Answer 16

Less than 0.05 percent

Question 17

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?

Answer 17

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.

Question 18

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

Answer 18

Yes

Question 19

Does implied consent apply to bicycle DUI?

Answer 19

No

Question 20

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

Answer 20

A code “R” in the disposition

Question 21

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

Answer 21

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

Question 22

What are the Standardized Field Sobriety Tests?

Answer 22

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

Question 23

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

Answer 23

one year

Question 24

How often are PAS device accuracy checks required?

Answer 24

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

Question 25

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

Answer 25

Six warning signs.