CPOLS DUI Flashcards
1.) The first three convictions for driving under the influence are misdemeanors. After that, if the fourth or subsequent violations occur within ____ years of separate convictions of § 23103, § 23153, or § 23152, the new offense is chargeable as a wobbler?
a. 10 years
(True or False) An intoxicated juvenile riding in the front passenger seat grabbed the steering wheel and caused the car to crash. She was “driving” the car while intoxicated?
a. True
CHP officer attempted to stop a single-occupant car he saw weaving erratically on a highway. After the officer turned on his red light, flashed his high beams, and blew his horn, the car pulled into a residential driveway and drove behind its detached garage. The officer found the car parked there with the lights on and the driver’s door open. However, about 90 seconds later, the officer saw the defendant come through the side door of the garage. He appeared to be under the influence, and there was no one else in the vicinity. Was there sufficient circumstantial evidence to establish the defendant as the driver.
The Courts found sufficient circumstantial evidence to establish the defendant as the driver
If there was at that time less than ____ percent by weight of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of an alcoholic beverage at the time of the alleged offense
a. .05 percent
If there was at that time ___ percent or more but less than ____ percent by weight of alcohol in the person’s blood, that fact shall not give rise to any presumption that the person was or was not under the influence of an alcoholic beverage, but the fact may be considered with other competent evidence in determining whether the person was under the influence of an alcoholic beverage at the time of the alleged offense
a. .05 percent
b. .08 percent
If the person submitted to a blood or urine test, the officer shall forward the blood or urine immediately to the appropriate forensic laboratory. The lab must then forward the chemical test results to the department within ____ calendar days from the date of the arrest
a. 15 calendar days
A driver chooses a blood test but then refuses to sign a hospital form indicating that he does not suffer from either of the medical conditions exempting such persons from a blood test. As a result, no blood sample can be taken. Is his conduct considered a refusal?
Yes
Chemical testing. In the case of a urine test, the test sample is one collected at least ___ minutes after the bladder has first been emptied. If the driver is unable to provide a urine sample after voiding his bladder ____ minutes earlier, the test is not complete and it is considered a refusal unless he completes one of the other tests
a. 20 minutes
b. 20 minutes
A driver’s refusal to submit to a test is not, without more, a violation of Penal Code section 148 for obstructing justice. According to the only court to address the question, allowing a section 148 violation for a refusal would result in that charge every time a driver refused. The Legislature structured Vehicle Code section ______ as the appropriate penalty for a refusal, and allowing an additional section 148 violation would undermine the legislative scheme?
a. 23577 CVC
Officer correctly instructed Lopez that she was required to undergo a blood test. Lopez did not object or refuse to take the test, and she did not resist any of the officer’s actions or directions. When the phlebotomist arrived, she voluntarily placed her arm on the table to allow her to draw the blood sample. Was Lopez’s action “consent”, even though the officer did not provide the implied consent admonitions?
Lopez consented by her actions. The fact that the officer did not provide the implied consent admonitions did not invalidate Lopez’s consent.
Trotman was involved in a head-on collision, injured severely, and taken to the hospital, where an officer who had smelled alcohol on his breath at the scene requested, just prior to surgery, a nurse to withdraw a blood sample for testing. The officer had not arrested Trotman or obtained his consent (he was conscious). Was the officers’ actions valid?
“A formal arrest of a defendant suspected of driving under the influence is not a constitutional prerequisite to the warrantless, nonconsensual seizure of a blood sample for chemical analysis.” The only requirement is that an officer has probable cause to arrest for a driving-under-the-influence offense before the sample is taken.
Administrative Per Se Law applies to any driver arrested for driving in violation of Vehicle Code section 23140, 23152, or 23153 who:
a. refuses to submit to, or fails to complete, a chemical test to determine the blood alcohol concentration (BAC) level;
b. takes a chemical test that shows, or that the officer believes will show, a BAC of .08 or more;
c. is under the age of 21 and takes a chemical test that shows, or that the officer believes will show, a BAC of .05 or more (Veh. Code, §§ 23612, 23140, 13380);
d. is under the age of 21 and (1) refuses to take or complete a PAS or other chemical test, or (2) takes a PAS or other chemical test that shows, or the officer believes will show, a BAC of .01 or more. Veh. Code 23136.
The arrestee has 30 days from receipt of the Order of Suspension to request a hearing. No stay of the suspension will be granted unless DMV cannot provide the hearing within the 30-day time period. Following notification of the results of the hearing, the driver has ____ days to request a DMV review, and 30 days to request review in a court of law?
. 15 days
It is a misdemeanor to fail to install an ignition interlock device within ___ days following notification by DMV
a. 30 days
21407.1 (b) CVC - No person shall operate an aircraft in the air or on the ground or water who has ____ percent or more, by weight, of alcohol in his or her blood?
a. .04 %
