70.4 DUI Manual

Question 1

According to California Presumptive Limit Law, what percentage of BAC of alcohol in a chemical blood test is it presumed a driver is not under the influence?

Answer 1

Less than .05% BAC = Presumed not DUI

.08% or greater = Presumptive

Question 2

Alcohol absorption takes place in which two parts of the digestive system?

Answer 2

Stomach (20%) 
Small intestine (80%)

Question 3

Which organ eliminates the most alcohol?

Answer 3

The liver

Question 4

What are the three phases to detect and evaluate DUI? (2-2 through 2-8)

Answer 4

1. Vehicle in motion
2. Personal contact
3. Pre-arrest screening

Question 5

Do the questions on page 2 of the 202 have to be asked after Miranda? (2-8)

Answer 5

No

Question 6

What are the three validated Field Sobriety Tests? (2-11)

Answer 6

HGN, Walk and turn, Standing on one leg

Question 7

HGN is what type of Nystagmus? (2-11)

Answer 7

Neural-Involuntary jerking of the eyes occurring as the eyes gaze toward the side.

Question 8

Which FST is the most reliable and accurate for determining alcohol influence?

Answer 8

HGN

Also for all other “DIP” (depressant, inhalant, PCP) drugs

Question 9

What percentage of the population will have nystagmus prior to 45 degrees while un-impaired?

Answer 9

4%

Question 10

PAS test should be given in conjunction with SFSTs and alternate FSTs in what order? (2-21)

Answer 10

Shall be given last.

Question 11

What are the approved alternate FSTs? (2-22)

Answer 11

Romberg, Finger to Nose, Hand Pat, Finger Count, Alphabet

Question 12

When is a DS 367 required? (4-4)

Answer 12

Shall be completed for every subject arrested for DUI (23152/23153 CVC) regardless of their BAC.

Question 13

What are the sections of 40300.5 VC that allow warrantless arrest when the officer has reasonable cause to believe that the person had been driving under the influence? (4-6)

Answer 13

a. Traffic accident
b. Observed in or about a vehicle obstructing a roadway
c. Will not be apprehended unless immediately arrested
d. Person may cause injury to himself or damage property
e. May destroy or conceal evidence of the crime.

Question 14

If a minor under 14 years old was a passenger at the time of a DUI, which enhancement shall be included in the recommendations? (4-7)

Answer 14

23572 (a) VC

Question 15

Under 21 violation of 23136 VC what test should be used? (4-19)

Answer 15

PAS

*MAYrequest blood, breath or urine

Question 16

Under section 23140 VC, what is the range of BAC to apply? (4-20)

Answer 16

.05% or greater including drug combo

Question 17

What is section 23154 applicable to? (4-20)

Answer 17

Persons on DUI probation driving with a BAC of .01% or greater.

Question 18

Sections 23140, 23154, and 23136 are all infractions. Does 40300.5 apply? (4-20)

Answer 18

No. Must occur in Officer’s presence.

Question 19

When is a PAS accuracy test required? (7-7)

Answer 19

Every 10 calendar days or 150 tests

Question 20

What are the eight functional guidelines established by the California Supreme Court which make a sobriety checkpoint lawful?

Answer 20

1. Supervisory level decisions in regard to establishing and selecting the site for the checkpoint
2. Neutral formula - every driver, every third, very fifth, etc.
3. Safety precautions - proper lighting/signs etc.
4. Reasonable location
5. Time & duration
6. Indicia of roadblock - high visibility w/signs, lights, etc.
7. Length and nature of detention
8. Advanced publicity