70.4, DUI Manual Flashcards
1
Q
During a PAS calibration what is the acceptable reading difference between tests?
A
- 010 %
70. 4, Chapter 7
2
Q
Can anyone perform a PAS calibration test?
A
No. Only properly trained Area/Division coordinator.
70.4, Chapter 7
3
Q
TRUE/FALSE: A PAS coordinator may perform a calibration prior to an accuracy check.
A
False. Accuracy check first
70.4, Chapter 7
4
Q
Who is responsible for training Area PAS coordinators?
a) Area Administrative Sergeant
b) Area Training Officer
c) Academy PAS Coordinator
d) Division PAS Coordinator
A
d) Division PAS Coordinator
70. 4, Chapter 7
5
Q
Where can a PAS device precautionary checklist and basic operating instructions be located?
a) HPM 70.4, Chapter 7
b) Back of PAS Device
c) CHP 202
d) Title 17, CCR
A
b) Back of PAS device
70. 4, Chapter 7
6
Q
What component of a PAS device can be damaged if tobacco smoke is blown into the device?
A
Fuel Cells
70.4, Chapter 7
7
Q
Two PAS breath samples must not differ by more than ____ %?
A
- 02
70. 4, Chapter 7
8
Q
TRUE/FALSE: The Paul Buzzo Act (Cigarette Littering Law) allows for PAS device mouthpieces to be discarded on the ground because they were connected to the PAS fuel cell, but are not burning when discarded.
A
FALSE
70.4, Chapter 7
9
Q
How many tests results are stored in the PAS device?
A
168
70.4, Chapter 7
10
Q
Are drivers under the age of 21 who are suspected of 23136 VC violations required to submit to a PAS test?
A
Yes.
70.4, Chapter 7
11
Q
TRUE/FALSE: PAS device tests satisfy the Implied Consent requirements for BAC testing.
A
False
70.4, Chapter 7
12
Q
PAS manufacturers must provide warranty-related repairs for how many years?
a) 1
b) 5
c) 7
d) 10
A
b) 5
70. 4, Chapter 7
13
Q
When shipping PAS device or related equipment, all devices or related components are insured for $____, except for the PAS ______, which is for $_____.
A
$500; Printer; $800
70.4, Chapter 7
14
Q
Implied consent laws do not apply to all of the following except:
a) Attempted DUI
b) DUI Bicycle
c) DUI Motorized Scooter
d) DUI Tractor
A
d) DUI Tractor
70. 4, Chapter 5
15
Q
What are the two types of Implied Consent admonishment?
A
Formal and Informal
70.4, Chapter 5
16
Q
If an arrestee refuses a chemical test after being provided the _______ Implied Consent admonishment, then the ______ admonishment must be given.
A
Informal; Formal
70.4, Chapter 5
17
Q
DUI drug/combo arrestees ___ provide a breath test, but ____ provide a blood test.
A
May; Shall
70.4, Chapter 5
18
Q
Urine tests have been eliminated in DUI cases for all the following reasons, except:
a) Both breath and blood tests unavailable
b) Arrestee suffers from hemophilia
c) Arrestee suffers from agoraphobia
d) Arrestee uses anticoagulant
A
c) Agoraphobia
70. 4, Chapter 5
19
Q
When is the Limited Test Advisement given?
A
When at a medical facility for treatment and the choice of tests is limited to those available at the medical facility.
(70.4, Chapter 5)
20
Q
Regarding Implied Consent, arrestees must be informed they do not have the right to speak with an attorney during the following parts of the chemical test process, except:
a) Before making a statement about a test
b) Before deciding which test to take
c) During administration of the test chosen
d) During the eighth time they asked to use the restroom,
A
d) Restroom
70. 4, Chapter 5
21
Q
TRUE/FALSE: Juveniles may legally consent to a chemical test without a parent present.
A
TRUE
70.4, Chapter 5
22
Q
TRUE/FASLE: If a juvenile selects a test, but because of parental influence, the juvenile fails to take the test, this can be considered a refusal.
A
TRUE, unless another test is chosen/performed.
70.4, Chapter 5
23
Q
If an arrestee agrees to a test, but doesn’t choose which one, may an officer choose the test?
A
Yes
70.4, Chapter 5
24
Q
If an arrestee agrees to a test but refuses the officers choice of tests, is it considered a refusal?
A
No, only if refuses all available test options.
70.4, Chapter 5
25
If an arrestee refuses to sign a medical facility liability waiver for treatment and the hospital will not complete a blood draw, is this considered a refusal?
No, not an implied consent refusal.
| 70.4, Chapter 5
26
Can a Fire Dept. paramedic draw blood for BAC testing purposes?
No, excluded from list of those authorized.
| 70.4, Chapter 5
27
What is the minimum retention period for blood or urine samples?
One year from date of collection.
| 70.4, Chapter 5
28
If using urine to test for drugs, must the bladder be voided?
No, use that sample.
| 70.4, Chapter 5
29
TRUE/FALSE: When observing a subject during the 15 minute period prior to a breath test, an officer must visually observe the subject the entire time.
FALSE: Senses other than sight are also acceptable per case law.
(70.4, Chapter 5)
30
Was it improper for an officer to refuse to inform the arrestee of his breath results when the arrestee asked?
Yes, must inform if asked.
| 70.4, Chapter 5
31
The CHP ____ should be prepared and delivered to the individual requested to draw the blood from an arrestee.
CHP 233, Request for Blood Sample.
| 70.4, Chapter 5
32
Only breath testing equipment approved by the _____ ______ ______ ______ ______ shall be used in California.
National Highway Traffic Safety Administration (NHTSA)
| 70.4, Chapter 5
33
What must be done before non-consensual testing occurs?
Search Warrant
| 70.4, Chapter 5
34
Forced blood draw must be drawn by ______ qualified person in a _______ and ______ approved manner.
Medical; Reasonable: Medically
| 70.4, Chapter 5
35
The force used to obtain a forced blood sample is limited to the amount ______ and _______ to obtain the sample, and is not __________ to the need.
Reasonable: necessary, disproportionate.
| 70.4, Chapter 5
36
On an empty stomach, approximately _______% of consumed alcohol is absorbed through the stomach walls.
20%
| HPM 70.4, Chapter 1
37
On an empty stomach, approximately _______% of consumed alcohol is absorbed through the small intestines.
80%
| HPM 70.4, Chapter 1
38
The _________ is the muscle at the base of the stomach that opens and constricts.
Pyloris (pyloric valve)
| HPM 70.4, Chapter 1
39
True or False: alcohol has an affinity for water.
True
| HPM 70.4, Chapter 1
40
As alcohol is distributed throughout the body, _______ tissue receives a substantial share of the distributed alcohol.
Brain
| HPM 70.4, Chapter 1
41
Approximately _______% of consumed alcohol is typically eliminated through breath, urine, sweat, and tears.
2 - 10%
| HPM 70.4, Chapter 1
42
Most consumed alcohol is eliminated through ___________.
Metabolism
| HPM 70.4, Chapter 1
43
______________ is the name of the enzyme that speeds up the reaction of alcohol with oxygen.
Alcohol dehydrogenase
| HPM 70.4, Chapter 1
44
After reaching peak value, a person's blood alcohol concentration drops by _______% per hour.
.015%
| HPM 70.4, Chapter 1
45
At what BAC level does it become difficult to control behavior, and symptoms become out-of-place for the environment?
.10%
| HPM 70.4, Chapter 1
46
What are the two contrasting effects of alcohol?
1) Depressant effect
2) Uninhibited effect
(HPM 70.4, Chapter 1)
47
True or False: it is presumed that a person is not under the influence at a level of .05% BAC.
True
| HPM 70.4, Chapter 1
48
How are BAC percentages calculated?
1) Grams of alcohol per 100 milliliters of blood; or
2) Grams of alcohol per 210 liters of breath
(HPM 70.4, Chapter 1)
49
The methods used by the CHP to detect and evaluate the impaired driver are consistent with standards established by what agency?
National Highway Traffic Safety Administration (NHTSA)
| HPM 70.4, Chapter 2
50
A driver operating a vehicle in any manner which would raise a doubt as to his or her sobriety, or other abnormal conditions, ___________ (should/shall) be stopped in order to determine the cause for the irregular driving.
Should
| HPM 70.4, Chapter 2
51
An officer may develop additional driving cues of impairment based upon his or her _____________.
Training, education, and experience
| HPM 70.4, Chapter 2
52
At what point should an officer initiate an enforcement stop on a suspected impaired driver?
As soon as reasonable suspicion has been established.
| HPM 70.4, Chapter 2
53
During initial contact with a suspect DUI driver, what three senses are used by the officer to gather evidence of alcohol and/or impairment?
1) Sight
2) Hearing
3) Smell
(HPM 70.4, Chapter 2)
54
True or False: in order to move a subject off the freeway or to a safer location to conduct a DUI evaluation, an officer must first obtain the subject's consent.
True
| HPM 70.4, Chapter 2
55
____________ FST's are designed to evaluate a person's ability to divide his or her attention.
Psychophysical
| HPM 70.4, Chapter 2
56
What are the three most reliable FST's (known as the three test battery)?
1) Horizontal Gaze Nystagmus
2) Walk and Turn
3) One-Leg Stand
(HPM 70.4, Chapter 2)
57
True or False: FST's are pass/fail tests.
False
| HPM 70.4, Chapter 2
58
Nystagmus caused by certain disorders such as brain tumors, brain damage, or certain diseases of the inner ear is known as ______________.
Pathological disorders
| HPM 70.4, Chapter 2
59
How many validated clues are there for Horizontal Gaze Nystagmus?
Six
| HPM 70.4, Chapter 2
60
Based on validated research, ________% of subjects who exhibit at least four of the possible six clues (when administered the HGN test) will have a BAC at or above .10 percent.
77 %
| HPM 70.4, Chapter 2
61
Name the six possible clues for HGN.
1) Lack of smooth pursuit in the left eye
2) Lack of smooth pursuit in the right eye
3) Distinct nystagmus at maximum deviation (left eye)
4) Distinct nystagmus at maximum deviation (right eye)
5) Angle of onset prior to 45 degrees (left eye)
6) Angle of onset prior to 45 degrees (right eye)
(HPM 70.4, Chapter 2)
62
Are officers permitted to testify to a correlation between BAC level and angle of onset during the HGN field sobriety test?
No
| HPM 70.4, Chapter 2
63
What form is used to document an officer's personal experience and training relating to HGN testing?
CHP 202C, Influence Evaluations (rolling log)
| HPM 70.4, Chapter 2
64
What is the most sensitive psychophysical FST based on scientific research?
Walk and Turn
| HPM 70.4, Chapter 2
65
Validation studies have shown that many impaired people can maintain their balance for up to 20 seconds, but seldom for up to 30 seconds for what FST?
One Leg Stand
| HPM 70.4, Chapter 2
66
The PAS device shall be the last FST given to the subject except under what circumstances?
Unusual circumstances
| HPM 70.4, Chapter 2
67
What are the five "alternative" FSTs?
1) Romberg Balance
2) Finger to Nose
3) Hand Pat
4) Finger Count
5) Alphabet
(HPM 70.4, Chapter 2)
68
Name the two methods for administering the Alphabet FST.
Verbal and written
| HPM 70.4, Chapter 2
69
What should be done if a subject refuses to perform one or more of the FSTs?
Document the significance of the test and the subject's refusal in the narrative portion of the report.
(HPM 70.4, Chapter 2)
70
True or False: an officer may elect not to administer FSTs when circumstances make it impractical to do so.
True
| HPM 70.4, Chapter 2
71
How many minutes after ingestion does it take for signs of influence to be observed?
10 to 30
| HPM 70.4, Chapter 3
72
How long do signs of influence last for someone who has ingested barbiturates?
1 to 16 hours
| HPM 70.4, Chapter 3
73
How long do signs of influence last for someone who has ingested tranquilizers?
4 to 8 hours
| HPM 70.4, Chapter 3
74
Due to similarities in symptoms, alcohol is often confused with what CNS stimulant?
Methaqualone
| HPM 70.4, Chapter 3
75
What test is the preferred test for detecting CNS depressant influence?
Blood
| HPM 70.4, Chapter 3
76
What is generally the period that a person is under the influence of cocaine?
5 to 90 minutes
| HPM 70.4, Chapter 3
77
Stimulant users often display what type of depression?
Psychological
| HPM 70.4, Chapter 3
78
The effects of heroin typically become evident within __________ minutes.
15 to 30 minutes
| HPM 70.4, Chapter 3
79
When injected, what is typically the period of influence for heroin?
4 to 6 hours
| HPM 70.4, Chapter 3
80
True or False: a DS 367 form shall be completed for every subject arrested for DUI, regardless of their BAC.
True
| HPM 70.4, Chapter 4
81
True or False: Areas shall establish applicable standard operating procedures addressing cite and release procedures.
True
| HPM 70.4, Chapter 4
82
What form shall be completed by an officer when a subject who has been arrested is subsequently released per 849(b) PC?
CHP 103, Certificate of Release from Custody
| HPM 70.4, Chapter 4
83
True or False: when a subject suspected of DUI evades arrest and flees into a residence, officers are justified in entering the residence to prevent the destruction of evidence.
True
| HPM 70.4, Chapter 4
84
All arrestees __________ (should/shall) be checked for warrants through CLETS prior to being cited and released.
Shall
| HPM 70.4, Chapter 4
85
When the driver of a commercial vehicle is found to have a BAC between .01 and .04 percent, the officer shall issue a CHP 215 for a violation of ____________.
Section 34506.3 VC (Failure to comply with CHP regulations)
| HPM 70.4, Chapter 4
86
The driver of a commercial motor vehicle shall be ordered out of service for _______ hours if the driver is found to have a BAC of .01 or greater.
24 hours
| HPM 70.4, Chapter 4
87
True or False: when the driver of a commercial motor vehicle has been ordered out of service for 24 hours due to BAC level, the vehicle may be released to a passenger who has not consumed any alcohol.
True
| HPM 70.4, Chapter 4
88
When a driver disobeys a lawful out-of-service order and is stopped again within the 24 hour timeframe, the officer shall issue a citation for ___________.
2800 VC, Failure to obey a lawful order
| HPM 70.4, Chapter 4
89
Section ____________ of the California Vehicle Code makes it unlawful for a person under the age of 21 to drive a vehicle with a BAC of .01 percent or greater.
23136 VC
| HPM 70.4, Chapter 4
90
True or False: an officer may request a person suspected of violating Section 23136 VC (BAC .01 or greater - under 21) submit to a chemical test if a PAS test is not available.
True
| HPM 70.4, Chapter 4
91
Section ____________ of the California Vehicle Code makes it unlawful for a person under the age of 21 to drive a vehicle with a BAC of .05 percent or greater.
23140 VC
| HPM 70.4, Chapter 4
92
Section ____________ of the California Vehicle Code makes it unlawful for a person on probation for DUI to drive a vehicle with a BAC of .01 percent or greater.
23154 VC
| HPM 70.4, Chapter 4
93
True or False: Sections 23154, 23136, and 23140 VC are punishable as infractions and, as such, the violations must occur in the officer's presence.
True
| HPM 70.4, Chapter 4
94
True or False: Sections 23154, 23136, and 23140 VC shall only be enforced with corroborated by a chemical test.
True
| HPM 70.4, Chapter 4
95
If a person who has been arrested for DUI is subsequently determined not to be under the influence after chemical testing, the arresting officer __________ (should/shall) notify a supervisor.
Shall
| HPM 70.4, Chapter 4
96
If an officer detects a pattern of persons involved in alcohol-related traffic collisions who have identified the same establishment as the location where they were served, the _____________ should be notified.
Department of Alcoholic Beverage Control
| HPM 70.4, Chapter 4
97
If an impaired driver involved in a fatality or other high profile traffic collision identifies the specific drinking establishment where they were served alcohol, ___________ should be notified.
Department of Alcoholic Beverage Control
| HPM 70.4, Chapter 4
98
______ ____ __ is the prompt administrative suspension of a persons driving privilege for DUI.
Admin Per Se
| HPM 70.4, Chapter 6
99
TRUE/FALSE: Admin Per Se applies to out of state drivers and allows for the seizure of out of state DLs.
Fasle: Cal only seize a CA DL.
| HPM 70.4, Chapter 6
100
Regarding Admin Per Se, a BAC of 0.08% or higher will result in a ____ month suspension, or a ___ ____ suspension if one or more prior DUI ________ within 7 years.
4. One year. Convictions.
| HPM 70.4, Chapter 6
101
A driver may request an Admin Per Se hearing within ___ days of arrest.
30
| HPM 70.4, Chapter 6
102
TRUE/FALSE: A DS 367 is not required for DUI arrests with a BAC below 0.08%.
FALSE: Completed for ALL arrests.
| HPM 70.4, Chapter 6
103
An officer Should or Shall advise a DUI arrestee their license will be confiscated and they will receive a temporary DL (pink copy)?
Shall
| HPM 70.4, Chapter 6
104
The Dept. is reimbursed for an officer's time spent at a DMV hearing only when subpoenaed by the _______?
Defendant. (Not if the DMV subpoenas.)
| HPM 70.4, Chapter 6
105
When subpoenaed by the defendant, the officer shall complete a CHP ____ form for the appearance. The form shall be completed within ___ _____.
90. 24 hours.
| HPM 70.4, Chapter 6
106
TRUE/FALSE: The PAS device is considered one of the Dept's approved FSTs.
True
| HPM 70.4, Chapter 7
107
SHOULD/SHALL: If an officer decides to use a PAS test, the officer ______ advise the person the request is to assist in determining if under the influence and that if arrested a chemical test is still required.
Shall.
| HPM 70.4, Chapter 7
108
Title ___ of the California Code of Regulations govern forensic alcohol analysis and breath alcohol analysis regarding PAS devices.
17
| HPM 70.4, Chapter 7
109
The _________ decision lists the safeguards which are necessary to establish the reasonableness of sobriety checkpoints under the 4th Amendment.
Ingersoll
| HPM 70.4, Chapter 8
110
True or False: the CHP incorporates the inspection of drivers licenses at sobriety checkpoints.
True
| HPM 70.4, Chapter 8
111
Sobriety checkpoint operational plans must be approved _________ before the scheduled date of operation.
One week
| HPM 70.4, Chapter 8
112
What is the basis for determining sobriety checkpoint sites/locations?
1) Alcohol and drug-related traffic collision experience
2) Past DUI arrest activity
(HPM 70.4, Chapter 8)
113
Sobriety checkpoint operational plans shall be kept on file by the Area for a minimum period of ______ years plus the current year.
Two years
| HPM 70.4, Chapter 8
114
True or False: officers working at a DUI checkpoint shall wear campaign hats at all times while in public view.
True
| HPM 70.4, Chapter 8
115
True or False: at a sobriety checkpoint, all types of vehicles shall be stopped for screening (including commercial vehicles and buses).
True
| HPM 70.4, Chapter 8
116
Enforcement actions at sobriety checkpoints should be limited to _________.
1) Driver license violations
2) DUI
3) Open alcoholic beverage containers
4) Serious criminal violations
(HPM 70.4, Chapter 8)
117
Team leaders (sergeants) are responsible for completing a ________ form for each checkpoint conducted.
CHP 205, Sobriety/Driver License Checkpoint Activity Report
| HPM 70.4, Chapter 8
118
Copies of the CHP 205, Sobriety/Driver License Checkpoint Activity Report shall be forwarded to Division and RPS within _______ of the conclusion of the checkpoint operation.
48 hours
| HPM 70.4, Chapter 8
119
Areas are required to provide a printed news release to the media _______ prior to the checkpoint operations.
48 hours
| HPM 70.4, Chapter 8
120
Specific checkpoint locations shall not be released sooner than ________ hours prior to the checkpoint start time.
Two hours
| HPM 70.4, Chapter 8
121
The Driving Under the Influence Reporter's Reward (DUIRR) was established to reward citizens who call/report a suspected DUI driver and that driver is arrested. The reward is in the amount of $______.
$100
| HPM 70.4, Chapter 9
122
True or False: off-duty members of the Department are eligible for a reward under the DUIRR program.
False
| HPM 70.4, Chapter 9
123
__________ approval is required in order for a CHP command to participate in the DUIRR program.
Division
| HPM 70.4, Chapter 9
124
True or False: a caller/citizen reporting a possible DUI driver can remain anonymous.
True
| HPM 70.4, Chapter 9
125
The CHP DUIRR coordinator shall notify the caller and advise him or her to collect his or her reward at a participating bank within _______ days.
Three business days
| HPM 70.4, Chapter 9
126
Section 655 of the Harbors and Navigation Code permits a peace officer to make a warrantless misdemeanor arrest for violations of intoxicated operation of any _____________.
Mechanically propelled vessel
| HPM 70.4, Chapter 10
127
What are the chemical tests that may be completed by someone arrested for boating under the influence?
Alcohol: Blood, breath, or urine
Drugs: Blood or urine
(HPM 70.4, Chapter 10)
128
True or False: since vessel operation does not require a license, "Implied Consent" and/or Administrative Per Se suspensions do not apply to boating under the influence.
True
| HPM 70.4, Chapter 10
129
True or False: boating under the influence laws apply to privately owned and/or artificially created lakes.
True
| HPM 70.4, Chapter 10
130
True or False: while investigating a non-injury boating accident believed to be caused by a BUI violation that was not witnessed by the officer or a member of the US Coast Guard, the officer does not have the authority to make the misdemeanor BUI arrest.
False (there is a BUI law similar to 40300.5 VC)
| HPM 70.4, Chapter 10
131
What are the presumptive BAC levels for BUI?
.08% for recreational vessels
.04% for commercial vessels
(HPM 70.4, Chapter 10)
132
True or False: it is an infraction for anyone under 21 years of age to operate a "motorized" vessel or manipulate waterskis with a BAC of .01 percent or greater.
True
| HPM 70.4, Chapter 10
133
True or False: a person arrested for BUI may be compelled to submit to a chemical test via a search warrant.
True
| HPM 70.4, Chapter 10
134
An officer making a BUI arrest _________ (should/shall) advise the person of his or her right to refuse a chemical test.
Shall
| HPM 70.4, Chapter 10
135
Field DRE certification managers __________ (should/shall) contact local social service agencies and invite them to attend field certifications to assist arrestees interested in obtaining social services.
Shall
| HPM 70.4, Chapter 11
136
If a DRE voluntarily requests to be removed from the DRE Program prior to completing his or her two-year obligation, how long should he or she be required to wait before being re-selected to serve as a DRE?
Three years
| HPM 70.4, Chapter 11
137
If a DRE is involuntarily removed from the DRE Program prior to completing his or her two-year obligation, how long should he or she be required to wait before being re-selected to serve as a DRE?
Trick question! (they should not be selected to serve as a DRE in the future)
(HPM 70.4, Chapter 11)
138
What are the six circumstances that are sufficient cause for a DRE to be removed and decertified from the Drug Evaluation and Classification Program (DECP)?
1) Substandard performance
2) Improper and inaccurate documentation of DRE evaluations
3) Refusing to perform DRE evaluations
4) Insufficient use of DRE skills
5) Failure to successfully complete biennial recertification
6) Any inappropriate acts on the part of the DRE that bring discredit upon the DECP
(HPM 70.4, Chapter 11)
139
What equipment is issued to a DRE?
1) Stethoscope
2) Sphygmomanometer (blood pressure cuff)
3) Pupilometer
4) Digital thermometer and covers
5) Approved penlight
(HPM 70.4, Chapter 11)
140
True or False: uniformed personnel may elect to wear the blue utility uniform during DRE field certifications.
True
| HPM 70.4, Chapter 11
141
True or False: unmarked police vehicles may be used during DRE field evaluations.
False (only marked law enforcement vehicles)
| HPM 70.4, Chapter 11
142
What code shall DREs use to document their DRE time in the beat hour summary box on the CHP 415, Daily Field Record?
DR
| HPM 70.4, Chapter 11
143
Officers ________ (should/shall) document their DRE evaluations on the CHP 100 form, Officer's Evaluation.
Shall
| HPM 70.4, Chapter 11
144
DRE evaluations are required to be conducted and documented using the ___________ evaluation process and report format.
NHTSA/IACP 12-Step
| HPM 70.4, Chapter 11
145
In what year did the CHP become the statewide Drug Evaluation and Classification Program Coordinator?
1991
| HPM 70.4, Chapter 11
146
What is the retention period for the CHP 202DRE, Drug Recognition Evaluation form?
Four years
| HPM 70.4, Chapter 11
147
Each DRE is required to successfully complete the classroom instruction and field certification process within _______ months.
Six
| HPM 70.4, Chapter 11
148
Each DRE is required to recertify by attending a(n) ___________ hour refresher course biennially.
Eight hour
| HPM 70.4, Chapter 11
