70.4 DUI Manual Flashcards
What percent of alcohol passed directly from the stomach into the blood stream?
20%, the other 80% enters the small intestine where it is absorbed. (1-2, 4)
95 percent of alcohol consumed is eliminated how?
It is eliminated through chemical oxidation in the liver. (1-2, 6)
How much alcohol is eliminated each hour?
Approximately .015%. (1-2, 6)
What 3 FST’s are considered the most reliable to determine impairment.
Horizontal Gaze Nystagmus, Walk and Turn and One Leg Stand. (2-10, 6a)
What is the most accurate and reliable FST to determine alcohol influence?
Horizontal Gaze Nystagmus. (2-12, 3)
While performing the Horizontal Gaze Nystagmus, where should the “stimulus” be placed?
Approximately 12-15 inches in front of the nose and slightly above eye level. (2-12, 4a4)
What percentage of the population, while unimpaired, show nystagmus prior to 45 degrees?
4%.
What is necessary for an officer to make a numerical correlation between HGN and a specific blood alcohol level?
The officer must be able to explain scientific expertise. (very rare). (2-15, i3)
List the drug schedules from the most to the least dangerous.
Schedule 1, 2, 3, 4, 5. (3-B-1)
What is the preferred test for CNS depressants?
Blood test. (3-2, d)
What are some conditions that prevent a subject from being eligible for the “cite and release” program.
Prior DUI conviction, Being under the influence of drugs, violent or aggressive behavior, being a danger to himself or others. (4-10, c1c)
What is required on the CHP 215 when a subject is cite and released?
The responsible person’s name and driver’s license number shall be placed in the violations section. (4-12, 3a)
Should the booking required box be checked for a subject that is cite and released?
Yes, DUI is a recordable offense. (4-12, 3b)
What is required in the arrest report for a subject that was cite and released?
It should state the subject was cite and released, the name of the person released to and where the release took place. (4-13, 7)
Explain Admin Per Se for commercial drivers.
If BAC is .01% or greater the driver is placed out of service for 24 hours. PAS test is O.K., implied consent does not apply. .04% or greater is a violation of 23152/3(d) and Implied Consent does apply. Admin Per Se (taking DL etc) only applies if BAC is .08% or greater. (4-14)
What enforcement action is taken when a commercial driver is found to have a BAC of .01% but less than .04%?
The driver is to be cited for 34506.3 VC, place out of service for 24 hours and note the out of service on the log book. (4-15, b)
What enforcement action should be taken for a driver that was placed out of service and was stopped again?
The driver should be cited for 2800 VC. (4-16, d)
What enforcement action should be taken for a driver violating the .01% BAC (Zero Tolerance) law?
It is a civil penalty so the DL should be taken and a DS367M should be issued. (4-18, d1a)
If a minor driver (under 21) is not suspected of DUI, may implied consent be invoked for zero tolerance if a PAS device is not reasonably available?
Only if the driver is suspected of violation 23140 VC, or if the driver is taken into custody for a separate offense or if the driver is involved in a collision and is transported to a medical facility that offers chemical testing. (4-19, 2c)
How should violations of Sections 23136/13388 (zero tolerance) be documented on the officer’s CHP 415?
In sections 1 and 2 under Category W with a Headquarters code of 011. (4-21, e)
When should a minor (under 21) be taken into custody for violations of section 23140 VC?
Never, 23140 is an infraction. (4-21, 11a)
Does a violation of 23140 apply on private property?
No, 40300.5 does not apply to 23140, however, the driver may be cited if involved in a traffic collision and 23140 was a contributing factor in the collision. (4-21, 11b)
May implied consent be invoked for a violation of 23140?
Yes, 23140 may also be cited when only a PAS test is used. (4-21, 11c)
May implied condent be invoked for drivers of bicycles or motorized scooters?
No. (4-29, 14a)
