70.4 DUI Manual

Question 1

If a person is arrested for misdemeanor driving under the influence, and is at the hospital, upon the concurrence of a supervisor, post an officer or officers at the hospital for the purpose of guarding and subsequently booking the arrestee upon their release.

True or False
this is an acceptable procedure.

Answer 1

True

Question 2

True or False

If a person is arrested for misdemeanor driving under the influence, and is at the hospital, upon the concurrence of a supervisor, release the arrestee pursuant to Section 849(b)(4) PC and issue a CHP 103, Certificate of Release from Custody.

Answer 2

True

Question 3

If a person is arrested for felony driving under the influence, and is at the hospital, upon concurrence of a supervisor, contact the on-call magistrate and request the arrestee be released on their own recognizance. In some Areas, protocol requires contacting the on-call district attorney who will then contact the on-duty magistrate.

True or False
This is an acceptable procedure.

Answer 3

True

Question 4

If a person is arrested for felony driving under the influence, and is at the hospital, upon the concurrence of a supervisor, release the arrestee pursuant to Section 849(b)(4) PC and issue a CHP 103.

True or False
This is an acceptable procedure.

Answer 4

True

Question 5

True or False

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 after the issuance of a warrant.

Answer 5

False

Question 6

In cases where officers enter a residence, the court requires “knock and notice” and consideration of method of entry or use of force to be commensurate with severity of the crime committed.

Answer 6

True

Question 7

The courts ruled that in order to make a lawful warrant less entry for a misdemeanor or felony DUI arrests in a residence, an officer must have probably cause to believe all the following conditions exist:

Answer 7

(1) The driver is under the influence.
(2) Driving under the influence is an element of the crime being investigated.
(3) The driver is at home.
(4) The time between the crime and arrest is brief enough that evidence of the blood alcohol level is still present.
(5) The blood alcohol evidence is in danger of imminent destruction (by dissipation or additional consumption).

Question 8

True or False

When a PAS device is not available, it is imperative that officers exercise sound judgment in order to ensure the reasonableness of the detention. If the officer does not have a PAS device in their possession, the officer should request a PAS device from an adjoining beat partner or their supervisor. If a PAS device is still not available, officers shall follow their Area’s SOP regarding invoking the provisions of implied consent and transporting a violator to a chemical testing facility.

Answer 8

True

Question 9

If a PAS device is not immediately available, and the driver is lawfully arrested for DUI (Section 23152 or 23153 CVC), any chemical test obtained pursuant to Section 23612 CVC (implied consent) may not be used to substantiate a zero alcohol tolerance violation.

Answer 9

False

Question 10

If a person is determined not to be under the influence of alcohol and/or drugs after the chemical testing, the arresting officer shall notify their supervisor of the situation. With the supervisor’s approval, the person may be released. Upon release, if no further enforcement is to be taken, a CHP 103 shall be issued.

Answer 10

True

Question 11

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:

Answer 11

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.

Question 12

True or False

Arrestees who refuse to voluntarily submit to a chemical test will be physically compelled to submit to a blood draw only after all the following procedural guidelines have been met:

a. A chemical test is essential to the prosecution of a criminal case.
b. The use of alcoholic beverages and/or drugs, as defined in Sections 109 and 312 CVC, is suspected.
c. The individual has been placed under arrest for any of the following violations: Sections 23140, 23152, 23152/23550, 23152/23550.5, or 23153 CVC, and/or Section 191.5(a), 191.5(b), or 192.5(a) PC.
NOTE: 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).
d. The person arrested has been given the opportunity to submit to a chemical test of their choice, as directed by law and as provided in this chapter.
e. A valid signed search warrant is obtained authorizing the seizure of the arrestee’s blood pursuant to Section 1524 PC. If obtaining a search warrant becomes impossible due to exigent circumstances (beyond the mere dissipation of evidence in the blood), all efforts made to obtain a search warrant shall be documented in the arrest report.
f. The arresting officer shall obtain supervisory approval prior to the arrestee being physically compelled to submit to a blood draw. The approving supervisor, if readily available, should be present during the procedure. The supervisor shall ensure the conditions outlined in this chapter are complied with. Participating officers and supervisors shall also ensure that no more force or restraint than reasonably necessary is used to accomplish the procedure.
g. The medically qualified person extracting the blood must consent to the procedure, notwithstanding the arrestee’s refusal or resistance. The sample shall be obtained in a reasonable and medically approved manner.
h. The Chemical Test Refusal section located on the back of the first page of the DS 367 or DS 367M shall be completed.
i. A statement should be made in the arrest report that it became necessary to forcibly remove a blood sample from the subject. The procedure used shall be articulated in the report (e.g., how the subject was secured, resistance [if any], amount of force used [if any], location from which sample was taken).

Answer 12

False

A statement SHALL be made in the arrest report that it became necessary to forcibly remove a blood sample from the subject. The procedure used shall be articulated in the report (e.g., how the subject was secured, resistance [if any], amount of force used [if any], location from which sample was taken).

Question 13

True or False

In order for a person to have refused a chemical test, the following must have occurred:

a. The arresting officer shall read verbatim the formal admonishment located on the back of the first page (Officer’s Statement) of the DS 367 or DS 367M and the arrestee shall have refused to submit to a chemical test.
b. The arrestee shall be admonished that refusal to voluntarily submit to, or complete, a chemical test of their choice will result in the forcible withdrawal of a blood sample, and will result in a mandatory license suspension pursuant to Sections 13353 CVC (implied consent) and 13353.2 CVC (Administrative Per Se).

Answer 13

True

Question 14

Blood samples shall not be withdrawn from persons who are hemophiliacs, or who have a heart condition and are using a prescribed anticoagulant (Section 23612 CVC), except for lawful forcible blood draws.

Answer 14

False

Question 15

True or False

A statement by an arrestee indicating they are subject to hemophilia or prescribed an anticoagulant is sufficient for the officer to assume that the subject qualifies for exemption. It is recommended that officers make this determination early in the arrest procedure, to assist with determining which chemical tests are applicable to the subject.

Answer 15

True

Question 16

True or False

Per HPM 70.4, an Area SOP should include the following:
a. The arresting officer shall obtain supervisory approval prior to the arrestee being physically compelled to submit to a blood draw. The approving supervisor, if readily available, shall be present during the procedure. The supervisor shall ensure the involved personnel comply with the conditions outlined in this Standard Operating Procedure and HPM 70.4.

Answer 16

False

The approving supervisor, if readily available, SHOULD be present during the procedure.

Question 17

The DS ___ is used by DMV when subpoenaing an officer for a hearing. This form is used by both DMV and the defendant. Therefore, it is incumbent upon the supervisor accepting the subpoena to ensure which entity is serving the subpoena. This can be accomplished by verifying the “on behalf of” section of the form. If the subpoena is being served by DMV, it will be documented as such in the “on behalf of” section. If the subpoena is served by the defendant, it will be so documented.

Answer 17

501

Question 18

True or False

In handling an inappropriate question during an Admin Per Se hearing, the officer should “object” to the question “on the record” on the basis of “relevancy.”

If the hearing officer “overrules” the objection and the officer still believes the question(s) are inappropriate or irrelevant, the officer should respectfully request the hearing officer provide “clarification” of his/her decision to overrule “for the record.”

If after the hearing officer’s explanation or ruling the officer continues to believe the question is inappropriate, the officer should respectfully request a recess. During the recess, officers should contact an Area supervisor for further guidance. In turn, Area supervisors may contact Research and Planning Section (RPS) (916-657-7237) and/or the Office of Legal Affairs (916-843-3110) for clarification.

Answer 18

True

Question 19

The preliminary alcohol screening section of the CHP 202, DUI Arrest – Investigation Report, page 2, shall be completed every time a PAS device is used and the subject has been arrested. Reports ___ be reviewed by a supervisor for completeness and accuracy.

Answer 19

Shall

Question 20

The decision to establish a sobriety checkpoint, the selection of the site, and procedures for the checkpoint operation ___ be established by supervisory law enforcement personnel and not by an officer in the field.

Answer 20

Must

Question 21

___ shall approve checkpoint operational plans submitted by the concerned Area(s) at least one week prior to the scheduled date(s) of operation.

Answer 21

The Division

Question 22

If a situation arises wherein an Area commander decides to conduct a checkpoint which does not comply with the operational directives, prior approval must be obtained from

Answer 22

Assistant Commissioner Field

Question 23

Checkpoint operational plans shall be kept on file by the Area for a minimum period of ___ year(s) plus the current year, in the event they are needed for court cases.

Answer 23

2

Question 24

True or False

At a checkpoint, the team leader should usually be a sergeant. Acting sergeants may be used on an exception basis with Division approval. The team leader shall designate one of the officers as an assistant team leader.

Answer 24

False

Commander Approvbal

Question 25

True or False

Team members should be in full uniform, including campaign hats, at all times while in public view.

Answer 25

False

Shall

Question 26

Sobriety/driver license checkpoint teams should normally operate for periods of ___ hours. The team leader may discontinue operations at any time for safety reasons.

Answer 26

4-6

Question 27

The average time a vehicle spends in the lane should not normally exceed ___ minutes.

Answer 27

3

Question 28

Optimally, screening should not take more than ___.

Answer 28

30 seconds

Question 29

Team leaders should attempt to assign at least one officer as an observer ___ of the lane (personnel permitting), to check on all vehicle occupants in the vehicles being stopped for screening.

Answer 29

On the passenger side

Question 30

True or False

In the event a motorist fails to comply with a screening officer’s request, such as refusing to provide their driver license, move to the FST area, or refusing to roll the window down, the screening officer shall request assistance from the team leader. The team leader shall assess the circumstances and order the appropriate enforcement action in accordance with established departmental policy.

Answer 30

True

Question 31

Team leaders are responsible for completing a CHP ___ for each checkpoint conducted.

Answer 31

205

Question 32

At the completion of each checkpoint, the team leader shall prepare copies of the CHP ___ for transmittal to the appropriate field Division, and RPS. The copies shall be forwarded (via facsimile, mail, or electronic mail) within ___ of the conclusion of the checkpoint operation.

Answer 32

205, 48 hours