70.4 DUI Flashcards
T/F
It was this recognition of the importance of “mental” capability for safe driving that led to the adoption of 0.08 percent BAC per se legislation.
True
Thus, when it enters the stomach, about (#) percent of the alcohol ingested is absorbed directly through the stomach walls, while the remaining (#) percent passes through the base of the stomach into the small intestines where it is actively absorbed
20%
80%
T/F
Body water acts as a reservoir for alcohol and the loss of blood from an injury (e.g., traffic collision) will appreciably change the BAC.
False, will not
T/F
Upon reaching peak value, an average person’s BAC will decline approximately 0.015 percent per hour.
True
if there was at the time of a chemical test less than 0.05 percent by weight of alcohol in the person’s blood, it (shall/should/may) be presumed that the person was not under the influence
Shall
A driver operating his/her vehicle in any manner which would raise a doubt as to his/her sobriety, or other abnormal conditions, (shall/should/may) be stopped in order to determine the cause for the irregular driving
Should
The officer (shall/should/may) make an enforcement stop as soon as reasonable suspicion has been established.
Should
T/F
If both parties had physical control of the vehicle as the vehicle was in motion and both drivers are found to be under the influence, both should be taken into custody and charged with DUI.
True
T/F
Psychophysical FSTs are designed to evaluate a person’s sobriety.
Not totally true: ability to divide his/her attention.
T/F
Officers who elect to utilize the CHP 202S shall tape the original to an 8 ½ x 11 inch sheet of paper and attach it to the arrest report.
True
The three test battery scientifically validated in the 70s and 80’s consisted of:
(a) Horizontal Gaze Nystagmus. (b) Walk and Turn. (c) One-Leg-Stand.
By utilizing the three test battery, the reliability rate for identifying drivers with a blood alcohol level at or above the legal limit is at least (#) percent
90%
T/F
HGN in an impaired person is a type of either neural nystagmus, vestibular nystagmus, or caused by pathological factors
False, neural nystagmus is seen in DUIs
T/F
HGN is the most accurate and reliable FST for determining alcohol influence
True
Position the stimulus approximately (#-#) inches in front of the subject’s nose and slightly above eye level.
12-15 inches
Studies have indicated that approximately (#) percent of the population, while unimpaired, may have nystagmus prior to a 45 degree angle
Four
T/F
If Vertical Gaze Nystagmus is present and Horizontal Gaze Nystagmus is not, it could be a medical condition.
True
T/F
Based on scientific research, the Walk and Turn SFST is considered to be the most sensitive psychophysical test.
True
(#) percent of subjects who exhibit at least (#) of the possible (#) clues for HGN will have a BAC at or above 0.10 percent.
77%
4 of 6
(%) percent of subjects who exhibit at least (#) of the following (#) validated clues in the walk and turn will have a BAC at or above 0.10 percent:
68%
2 of 8
DUE TO THEIR SCIENTIFIC VALIDATION, HGN, WALK AND TURN, AND ONE-LEG-STAND (SHALL/SHOULD) BE USED AS PRIMARY FSTs WHENEVER POSSIBLE.
Should
CNS Depressants take (# to #) minutes for signs of influence to be observed after oral ingestion
10-30
Horizontal Gaze Nystagmus (HGN) will be present with CNS depressants, vertical nystagmus may be present with high dosages.
True
the section for drivers under the influence of a depressant, other than alcohol is:
23152(e)
CNS stimulant highs generally last (# to #) minutes with cocaine, (# to #) hours with amphetamines, and (#) hours with methamphetamines
5 to 90
4 to 8
12 hours
As a reminder, pupils will range in size from (#) mm to (#) mm, depending on lighting conditions
3.0-6.5, stimulants will be greater than 6.5
The DUI section for CNS stimulants is:
23152(e)
Physical effects for a Narcotic Analgesic typically will become evident within (# to #) minutes after ingestion
15 to 30
It may take (# to #) hours after ingestion before these narcotic analgesics can be detected in the blood.
four to six
T/F
The effects of Dissociative anesthetics (pcp, ketamine, DXM) can generally be felt within 1 to 5 minutes after ingestion, and reach their peak in about 15 to 30 minutes, and generally last 4 to 6 hours, but can last longer.
True
T/F
The Dissociative anesthetics user will generally have an elevated heart rate above 90 BPM; elevated blood pressure, above 140/90.
True
T/F
If the individual officer has been trained and exposed to marijuana and its properties, it is acceptable to describe its odor as a marijuana odor and not an odor resembling marijuana. The same concept applies to marijuana possession cases. There is no need to describe the contraband as a green leafy substance resembling marijuana.
True
Officers (shall/should) investigate all incidents involving suspected DUI drivers and (shall/should) physically arrest all persons in violation of Section 23152/23153
Shall
Shall
T/F
Despite an arrestee’s specific BAC or refusal, Section 13380 CVC requires an officer to submit a sworn report to DMV for every DUI arrest
True
When establishing and articulating the elements to support a DUI arrest pursuant to Section 40300.5 (c), (d), and (e) CVC, officers must clearly articulate and document the facts regarding the likelihood that:
the arrested person was the driver
If a minor under 14 years of age is a passenger in the vehicle of a person arrested for Section 23152 CVC, officers (shall/should/may) request in the Recommendations section of the CHP 202 that the enhanced penalty
Shall
Officers (shall/should/may) 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 18 years of age is a passenger in the vehicle.
May
T/F
Releasing an individual pursuant to Section 849(b)(4) PC does not preclude the later filing of a criminal complaint, but it does prevent officers from subsequently arresting the individual when they are released from the hospital.
False, does not prevent an officer from making an arrest upon release
T/F
In cases in which a subject evades arrest and flees into a residence, officers are justified in entering the residence in order to prevent the destruction of evidence.
True
A photograph and/or thumb print (shall/should) be taken of the arrestee to avoid identity problems in court
Should
T/F
For cite and release DUI cases, a CHP 194, Fingerprint Notification/Verification, is required
True
The arrested person (shall/should) be booked whenever a responsible person is not willing to sign the cite and release DUI admonishment form
Should
T/F
Implied Consent applies to a driver being placed out-of-service solely for a violation of Section 1213.1(c) CCR (commercial driver BAC .01-.04, out of service 24 hours).
False-implied consent does not apply, but out of service is true, .01% BAC
T/F
Circumstantial evidence, including the results of a PAS test (if available), admission by the driver of how much they had to drink and at what time, an odor of an alcoholic beverage emitting from their breath, bloodshot eyes, FSTs, etc., may be considered when determining if a commercial driver has a BAC of .01 or greater.
True
T/F
Officers shall submit a report on a CHP 202 articulating the circumstances of the violation for commercial driver with a BAC of .01-.04%
True
T/F
In regards to a commercial driver, Section 23152(d) or 23153(d) CVC shall always be used when the driver has a BAC of 0.04 percent or greater (this includes BACs of 0.08 percent or greater)
True
T/F
if an officer has reasonable cause to believe a person is in violation of Section 23136 CVC, the officer shall request the person take a PAS test to determine the presence of alcohol IF a PAS device is “immediately available
True
For 23136, If a PAS device is not immediately available, the officer (shall/should/may) request the person submit to a chemical test of their blood, breath or urine.
May
T/F
Section 40300.5 CVC is applicable to Sections 23154, 23140, and 23136 CVC
False, is not
T/F
Implied consent for chemical testing applies to 23136, 23140, and 23154.
False, pas only for 23136, chemical for 140 or 154
T/F
Pursuant to Section 191.5 PC, gross vehicular manslaughter while intoxicated includes a violation of Section 23140 CVC
True
In cases of 23136, 23140, and 23154, the driver (shall/should/may) be admonished that they are required to submit to a PAS test
Shall
In cases of 23136, 23140, and 23154, when the officer believes the driver is in violation, the officer (shall/should/may) issue a CHP 215 for the respective violation
Should
T/F
Depending upon the location and time of the enforcement contact, the driver and vehicle may be released to a licensed passenger (if under the age of 21 and has not consumed any alcohol, or if over the age of 21 and is not under the influence), released to a parent or guardian, removed from the scene and taken to a safe place, or the driver may be allowed to call for a ride, etc.
True
T/F
Upon receipt of chemical test results indicating a person under arrest for DUI and on probation for DUI or a minor’s BAC is 0.01 percent or greater, the person may, depending on the local district attorney’s charging policy, also be charged with a violation of Section 23154, 23136, or 23140 CVC in addition to the DUI sections.
True, but 136 and 140 cannot be doubled up
If a person is determined not to be under the influence of alcohol and/or drugs after the chemical testing, the arresting officer (shall/should) notify their supervisor of the situation
Shall
In authorizing any release of a juvenile (under 18 years of age) after an arrest for DUI, the supervisor should consider taking one or more of the following actions when feasible:
A) Release the juvenile to a parent, guardian, or other responsible adult.
B) Provide transportation for the juvenile to their residence or other suitable place of safety.
C) Take reasonable steps to ensure the juvenile will not drive
When an officer arrests a subject for DUI and the officer has reasonable cause to believe that the subject has three or more convictions within the last ten years for DUI or (wet) reckless driving, the officer (shall/should/may) arrest for Section 23152 (a), (b), (c), (d), (e), or (f) CVC as a felony.
Shall
T/F
Officers shall run a driver license status check via CLETS on all DUI offenders before booking.
True
T/F
In cases where the subject is arrested for misdemeanor Section 23152 CVC and a complaint is to be filed with the prosecuting attorney for felony DUI, the report should be handled as a felony with a felony case number being assigned.
False, should be handled as a misdemeanor with no felony case number assigned
Upon an arrest for Section 23152 or 23153 CVC, if the officer has reasonable cause to believe that the arrestee has a prior felony DUI conviction within the previous ten years, or a specified prior manslaughter conviction, the officer (shall/should/may) charge the arrest as a felony per Section 23550.5 CVC.
Shall
T/F
Bicycles are not included within the definition of a motor vehicle, therefore the provisions of Section 40300.5 CVC, DUI Involved in an Accident, do not apply.
False, not being a motor vehicle means implied consent does not apply, but 40300.5 still does
In re bike, motorized scooter, motorized board DUI:
Officers (shall/should/may) advise arrestees that they are entitled to (but are not required to) take a chemical test of their blood or breath, if they so desire
Shall
T/F
The recognized presumptive blood alcohol limit of 0.08 percent does not apply to Sections 21200.5, 21221.5, or 21296 CVC.
True
T/F
The officer may paraphrase the requirements of Section 23612 CVC, being careful to tell the arrestee they have the choice of submitting to a blood or breath test (urine test, when applicable) or refusing
True
In 2012, Assembly Bill 2020 revised Section 23612 CVC regarding chemical testing procedures in drug-related DUI cases by eliminating the urine test option except under the following circumstances:
(1) Both the breath and blood tests are unavailable.
(2) The arrestee suffers from hemophilia.
(3) The arrestee uses an anticoagulant for a heart condition.
T/F
Juveniles fall within the provisions of Section 23612 CVC and may legally consent to the drawing of blood in compliance with the Implied Consent law without parental permission.
True
T/F
In regards to a waiver of liability form which absolves the hospital in any way from civil or criminal action stemming from its actions, the subject does not have to sign, and such refusal to sign shall not be construed as a refusal under the provisions of Section 23612 CVC
True. Proceed to another facility if possible
T/F
If the form contains no waiver of liability clause, but contains pertinent medical information or other general data, the subject’s refusal to sign also shall not be construed as a refusal to comply with the provisions of Section 23612 CVC
False, in this case, shall be considered a refusal
T/F
The identity and integrity of the sample shall be maintained from the time of collection through analysis, reporting, and adjudication.
True
A minimum of (#) milliliters of blood will be collected to permit duplicate determinations
3
T/F
Blood and urine specimens shall be retained for a minimum period of one year from date of collection, or until the case is adjudicated. Early adjudication of the case will wave this requirement.
True
False, does not waive the requirement
T/F
An arrestee may arrange for a chemical test in addition and subsequent to any such test administered at the direction of a peace officer, at his or her own expense.
True
T/F
All evidential testing, including PEBT/EPAS devices, must be incidental to lawful arrest, and all of the provisions of implied consent law shall apply to PEBT.
True
T/F
All persons arrested and submitting to a PEBT at the scene of the arrest, need not be handcuffed during administration of the test
False, All persons arrested on a charge requiring incarceration shall be handcuffed during administration of the test, 70.6
PEBT testing (shall not/should not) be conducted on freeways or in other locations which may adversely affect traffic or threaten officer safety.
Should not
The Area shall request approval, through channels, from: , before utilizing PEBT devices
Assistant Commissioner, Field (ACF)
The court concluded the reasonableness of a warrantless blood test must be determined on a: _______ __ ________. basis taking into account the: _______ __ ___ _______________.
case by case
totality of the circumstances
The judicially established criteria for maintaining the admissibility of forcibly seized blood samples, for the investigation of any crime, focuses on the following 4 elements:
(a) The sample is drawn by a medically qualified person in a reasonable and medically approved manner.
(b) The test is incidental to a lawful custodial arrest.
(c) There is a reasonable belief that evidence of alcohol or drugs will be found in the sample.
(d) The force used is limited to that amount which is reasonable and necessary to obtain the sample, and is not disproportionate to the need.
Any Non-Consensual blood sample shall be obtained pursuant to a _____ ______ _______ , signed by the ___________ __________, or the _______ ______________ (beyond the mere dissipation of alcohol in the blood) documented in the arrest report.
valid search warrant
appropriate magistrate
exigent circumstances
T/F
If a Non-Consensual blood draw is executed, the refusing party is no longer subject to the enforcement of the implied consent consequences (i.e., suspension, revocation etc.)
False, still a refusal and not relieved of implied consent
Areas shall seek approval from their local: ________ ________ and _________ ___________ ______ prior to participating in NTP.
district/city attorney
ACF
At the request of ACF, who shall review the request (memo) and supporting documents (sample sop, sample warrant template, etc) submitted by an area in support of a NCT program? A) Office of Legal Affairs B) Academy DUI Unit C) Research and Planning Section D) Special Projects Section
C) Research and Planning Section
T/F
Included in the NCT program are persons arrested for a violation of Sections 23140, but not 23136.
True; however section 23140 CVC violations will only result in a forcible blood draw when a traffic collision results in the death of a person and an arrest for felony vehicular manslaughter (Section 191.5 PC).
The arresting officer (shall/should) obtain supervisory approval prior to the arrestee being physically compelled to submit to a blood draw. The approving supervisor, if readily available, (shall/should) be present during the procedure
Shall
Should
T/F
The use of excessive force in obtaining a sample will NOT make it inadmissible.
False, The use of excessive force in obtaining a sample WILL make it inadmissible.
T/F
APS applies to any person who drives a motor vehicle, whether or not the driver is a California resident. However, a peace officer shall only seize California driver licenses
True
Admin per se applies if the subject submits to a breath test which shows a BAC of 0.08 percent or greater, for (at least one/both) breath samples
Must be both
T/F
Admin per se applies if the subject submits to a blood or urine test and the officer reasonable believes that the BAC is 0.08 percent or greater.
True
APS provisions only apply to BAC levels or refusals; they do not apply to DUI of drugs. Therefore, if the subject is arrested solely for DUI of drugs, then APS proceedings cannot be instituted, unless:
1) The subject refuses to submit to a chemical test to determine his/her blood alcohol content, or;
2) Upon consenting to a breath test, the subject refuses a blood test or urine test as required by the drug admonition contained on the DS 367 or DS 367M.
the original DS 367 or DS 367M Officer’s Statement page, DMV’s copy (white) of the DS 367 or DS 367M Administrative Per Se Suspension/Revocation and Temporary Driver License, the violator’s California driver license (if available), and a copy of the breath test results are forwarded to DMV within (#) (buisiness/working/calendar) days.
5 business days
blood or urine test results shall be forwarded to DMV using the DS 367A with (#) (business/working/calendar) days
15 calendar days
T/F
Regardless of the blood/urine chemical test results, all test results shall be forwarded to DMV.
True
(1) The arresting officer (shall/should) advise the violator that his/her driver license will be confiscated and that he/she will be issued a temporary driver license endorsement.
(2) The violator (shall/should) be told to call the telephone number listed on the pink copy of the DS 367 or DS 367M if he/she has any questions regarding the APS action.
Shall
Should
When subpoenaed by defendant for a DMV hearing, and if overtime is accrued, this time shall also be recorded in Section Four (Overtime), using the Overtime Duty Code of (#).
51
When subpoenaed by DMV for a DMV hearing, and if overtime is accrued, this time shall also be recorded in Section Four (Overtime), using the Overtime Duty Code of (#).
02
T/F
If questions in a DMV hearing exceed the scope of the hearing, and the officer is unable to respectfully resolve the issue, Thereafter, the officer shall request a taped copy of the hearing and submit the tape to their Area command for resolution.
True
Section _____._ VC should be used as the punitive statute for an individual whose temporary driver license endorsement has expired and the Suspension/Revocation Order has taken effect, or the individual’s driving privilege was suspended by DMV as a result of an APS or Implied Consent action.
14601.5 VC
T/F
Published by the Department of Health Services, Title 15, California Code of Regulations (CCR) sets forth requirements which govern forensic alcohol analysis and breath alcohol analysis.
False, title 17
To gain admissibility, there must be a showing of either compliance with Title 17 CCR or the following three foundational elements:
Properly Functioning PAS Device
A Properly Administered Test
A Competent and Qualified Operator (Officer)
A Properly Functioning PAS Device can be established through testimony provided by the testing officer and/or Area/Division PAS coordinator regarding the following:
Lifeloc FC 20/Alco-Sensor IV PAS are listed on the NHTSA Conforming Products List of approved evidential breath testing devices
The accuracy of the PAS device is checked every ten calendar days or 150 tests by the Area/Division PAS coordinator.
A diagnostic check (“zero setting”) was performed prior to testing to ensure there was no residual alcohol in the fuel cell . This check occurs automatically when the device is activated and a sample cannot be obtained if residual alcohol is detected.
T/F
The use of PAS devices constitutes a search or seizure within the meaning of the Fourth Amendment.
True, but is no more intrusive than requesting a person perform FSTs
The CHP 202J, PAS Device Out/In Usage Log, as well as the 202K, PAS Device Calibration logs, shall be retained at the Area office for ___ years plus the current year, from:
2 years
the date of the last test on the log.
As a result of testing performed by the Department of Justice, it has been determined the PAS calibration solution may be sampled up to (#) times or a maximum of (#) weeks, whichever is less
50 times
4 weeks
This admonishment (does/does not) apply to zero tolerance violations
Does not
1) the U.S. Supreme Court ruled that a Fourth Amendment “seizure” does not occur when a vehicle is stopped at a checkpoint,
2) therefore sobriety checkpoints do not violate the Fourth Amendment.
1) false, a seizure does occur; however:
2) true, doesn’t violate the 4th amendment
Areas shall prepare checkpoint operational plans as described in Section 8 of this chapter and submit them to Division so they may be approved at least (time period) prior to the scheduled date of operation.
1 week
Checkpoint sites shall be based on alcohol and drug related _______ _________ __________ or on past ___ ______ ________.
traffic collision experience
DUI arrest activity
Divisions shall advise __________ ___________ _____ and ________ ___ ________ _______ of the dates, times, and locations of checkpoints at least (time period) in advanced.
ACF and Research and Planning Section (RPS)
48 hours in advanced
Operational plans shall be kept on file by the Area for a minimum period of:
two (2) years plus the current year
The method for determining when to change screening procedures for a DUI Checkpoint, and the procedures themselves must be listed in detail in the operational plan and (shall not/should not) be deviated from by team members.
Shall not
T/F
Hats may be removed at a checkpoint while seated in patrol vehicles or inside personnel support vehicles.
True
The team leader (shall/should) remain on site except for brief relief periods.
Shall
T/F
The average time a vehicle spends in the lane should not normally exceed:
three minutes
T/F
Vehicles shall not be stopped on a discretionary basis (e.g., due to the “looks” of the vehicle). Additionally, this would preclude stopping a vehicle when the driver exhibits obvious signs of intoxication.
False: However, this does not preclude stopping a vehicle when the driver exhibits obvious signs of intoxication or when any other violation is observed.
Optimally, screening should not take more than:
30 seconds
A sobriety/driver license checkpoint is not a _______ __________ for other types of violations
Fishing expedition
The team leader (shall/should) evaluate and approve all ___________ _______ other than DUI or driver license related.
Shall
enforcement actions
T/F
Alcoholic beverage containers alone are not sufficient grounds for further testing, but they are indicators of possible DUI violations
True
The officer who originally screens the driver (shall/should) conduct the FSTs and arrest
Should
Pursuant to Section 2814.2 California Vehicle Code (CVC), a vehicle (shall/should/may/shall not/should not) be impounded at a sobriety checkpoint for Section 14602.6 CVC, if the driver’s only offense is a violation of Section 12500 CVC
Shall not
T/F
The vehicle driven by a person only in violation 12500(a)vc, shall be released to the registered owner, provided they are a licensed driver, or to any licensed driver authorized by the registered owner to take possession of the vehicle. The registered owner, or their authorized agent, has until the end of the checkpoint to remove the vehicle.
True
T/F
If a vehicle cannot be released by the end of the checkpoint, it may be parked and locked in a secure location if a validly licensed driver can not be obtained, or the vehicle may be removed pursuant to Section 22651(p) CVC.
True
Team leaders are responsible for completing a CHP ___ for each checkpoint conducted. Originals shall be filed with the operational plan establishing the checkpoint, and copies forwarded to ________ ___ ________, as well as the appropriate _____ ________ within (time frame) of the completion of the check point.
CHP 205
to the appropriate field Division, and RPS
Within 48 hours
T/F
Specific checkpoint locations shall not be released sooner than two hours prior to the checkpoint start time.
Areas shall obtain and preserve copies of any articles, radio or TV spots publicizing the checkpoint.
True
True
T/F
Areas may provide a printed news release to the media 48 hours prior to the checkpoint operations.
False, required to provide
At least (#) warning signs shall be used when setting up a sobriety checkpoint:
6
Two signs shall read SOBRIETY/DRIVER LICENSE CHECKPOINT AHEAD; one sign shall read SOBRIETY/DRIVER LICENSE CHECKPOINT; one sign shall read STOP AHEAD; one sign shall read STOP; and one sign shall warn of LEFT/RIGHT LANE CLOSED AHEAD
It is recommended that a minimum of (#) officers are in the van during transportation of prisoners.
2
Upon request from any member of the UNCG, officers (shall/should/may) investigate instances of 655 HNC, and (shall/should/may) physically arrest all person in violation.
Shall
Shall
Per ____ HNC, Officers (shall/should/may) arrest a person, without a warrant, who has been involved in a boating accident when:
663.1 HNC
they have reasonable cause to believe the person was operating the boat while under the influence.
655(g) HNC allows indicates information provided either verbally or by other means from a ___________, _______, or ______ officer of the USCG, who ________ observed the offense may provide the sole basis for establishing the reasonable cause to make the arrest per ___ pc.
Commissioned, warrant or petty officer
Directly
836 pc
Officers may/may not make a warrant less arrest for reckless boating observed by an Officer of the USCG.
May not, not added to the legislation that allows for the same with BUI
T/F
Felony BUI violations also need to be directly observed by a USCG Officer to establish probable cause.
False, because it’s a felony, arrest may be made based upon probable cause. Direct observation not necessary
To increase the effectiveness of the Department and allied agencies in detecting and removing drug-impaired drivers from the highways, ultimately minimizing the loss of life, personal injury, and property damage. Furthermore, this will ensure safety and service to the public as they utilize the roadways.
DRE Program Goal
Division DRE Coordinators shall notify the DECP (#) days prior to the scheduled date of the recertification class
45
a copy of each CHP 202DRE shall be maintained at:
for:
The area
four years
On a quarterly basis, Areas shall provide their DRE reporting to Division within:
30 days of the end of the quarter
Required reports resulting from a DRE recertification, such as the CHP 121, Employer’s Report of Occupational Injury or Illness, and the CHP 268, Potential Civil Litigation Report, shall be completed by the:
A) the DRE recertification sergeant
B) the host area sergeant
C) the employees home area sergeant
A
following the confirmation of toxicology results, the DRE instructors shall complete and forward the IACP Drug Evaluation and Classification Certification Progress Logs (Annex C) to the DECP:
Immediately
The DRE instructor (shall/should/may) provide assistance with classroom instruction, field certifications, and biennial recertifications as requested.
Shall
Drug Recognition Evaluator certification is valid for a (time) period from the date which is dictated by the IACP’s receipt of the student’s completed IACP Drug Evaluation and Classification Certification Progress Log
two-year
MM Update
T/F
Effective immediately, chemical testing performed on a DUI suspect who is unconscious at the time of the test shall only be conducted pursuant to a search warrant absent exigent circumstances.
True
