70.4 DUI Manual Flashcards
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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?
Less than .05% BAC = Presumed not DUI
.08% or greater = Presumptive
Alcohol absorption takes place in which two parts of the digestive system?
Stomach (20%) Small intestine (80%)
Which organ eliminates the most alcohol?
The liver
What are the three phases to detect and evaluate DUI? (2-2 through 2-8)
- Vehicle in motion
- Personal contact
- Pre-arrest screening
Do the questions on page 2 of the 202 have to be asked after Miranda? (2-8)
No
What are the three validated Field Sobriety Tests? (2-11)
HGN, Walk and turn, Standing on one leg
HGN is what type of Nystagmus? (2-11)
Neural-Involuntary jerking of the eyes occurring as the eyes gaze toward the side.
Which FST is the most reliable and accurate for determining alcohol influence?
HGN
Also for all other “DIP” (depressant, inhalant, PCP) drugs
What percentage of the population will have nystagmus prior to 45 degrees while un-impaired?
4%
PAS test should be given in conjunction with SFSTs and alternate FSTs in what order? (2-21)
Shall be given last.
What are the approved alternate FSTs? (2-22)
Romberg, Finger to Nose, Hand Pat, Finger Count, Alphabet
When is a DS 367 required? (4-4)
Shall be completed for every subject arrested for DUI (23152/23153 CVC) regardless of their BAC.
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)
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.
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)
23572 (a) VC
Under 21 violation of 23136 VC what test should be used? (4-19)
PAS
*MAYrequest blood, breath or urine
Under section 23140 VC, what is the range of BAC to apply? (4-20)
.05% or greater including drug combo
What is section 23154 applicable to? (4-20)
Persons on DUI probation driving with a BAC of .01% or greater.
Sections 23140, 23154, and 23136 are all infractions. Does 40300.5 apply? (4-20)
No. Must occur in Officer’s presence.
When is a PAS accuracy test required? (7-7)
Every 10 calendar days or 150 tests
What are the eight functional guidelines established by the California Supreme Court which make a sobriety checkpoint lawful?
- Supervisory level decisions in regard to establishing and selecting the site for the checkpoint
- Neutral formula - every driver, every third, very fifth, etc.
- Safety precautions - proper lighting/signs etc.
- Reasonable location
- Time & duration
- Indicia of roadblock - high visibility w/signs, lights, etc.
- Length and nature of detention
- Advanced publicity
