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HPM 70.4 DUI > DUI > Flashcards

DUI Flashcards

1
Q

An officer ____ make an enforcement stop as soon as reasonable suspicion has been established

A

Should

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2
Q

Hazardous Areas that CHP officers should not be conducting DUI investigations are:

A
  • Front of drinking establishment
  • front of subjects residence with gathering of family or friends
  • area with history of being source of racial strife and rioting
  • within sight of large gathering
  • working traffic lane
  • between vehicles
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3
Q

In order to ensure lawful detention when moving subject, One of the following must occur:

A
  • Attempt to gain subjects consent to move

- evaluate facts present at the time

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4
Q

FSTS _____ be conducted after arrest in order to gather additional evidence to support prosecution

A

May

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5
Q

DS 367 or DS 367M _____ be completed for every subject arrested for DUI regardless of BAC

A

Shall

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6
Q

True or false

Section 40300.5 applies to a moped, even if motor is not running

A

True

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7
Q

If minor under ____ years of age is passenger in vehicle of person arrested for DUI, officers SHALL request enhancement of 23572(a)

A

14

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8
Q

Officers may include charge of 273a(b) PC - (child endangerment) when driver is arrested for DUI and person under ____ years of age is passenger

A

18

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9
Q

Officers are justified in entering residence of fleeing suspect to prevent destruction of evidence if have PC to believe all the following conditions exist:

A
  • DUI driver
  • DUI is an element of crime being investigated
  • driver is at home
  • time between crime and arrest is brief enough that evidence of BAC is still present
  • BAC is in danger of imminent destruction (dissipation/additional consumption)
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10
Q

Court requires Knock and notice and consideration of method of entry or use of force to be commensurate with the _____ of crime committed

A

Severity

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11
Q

Commercial driver SHALL be ordered out of service for 24 hrs if BAC of .01 or more can be determined by:

A
  • Evidentiary chemical test

- circumstantial evidence (PAS, admission of driver of # of drinks, tile of drinks, and signs/symptoms

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12
Q

Placing driver out of service does not

Mean vehicle tied up for 24 hrs but May be:

A
  • parked at scene where it can accommodate larger vehicle
  • released to company rep or responsible party
  • passenger if passenger has not consumed alcohol, properly licensed, and owner/carrier approves
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13
Q

When driver has been ordered out of service and stopped again within 24 hours, officer should cite driver for

A

2800 VC - failure to obey lawful order

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14
Q

Legal guardian/parent knowingly permits child under 18 to consume alcohol/ controlled substance at home is guilty of misdemeanor if following occurs:

A
  • result of consumption at home and child or other underage is .05 or greater or under influence of substance
  • parent knowingly permits child or underage person to drive after leaving home
  • underage person is found to have caused crash
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15
Q

21221.5 makes it a ______ for anyone to operate motorized scooter upon hwy while DUI

A

Misdemeanor

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16
Q

Implied consent does not apply to:

A
  • person arrested for attempted DUI

- person arrested for DUI bicycle and DUI motorized scooter

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17
Q

The department has determined unavailability should be narrowly defined by statutory exemptions such as:

A
  • person taking anti coagulants for heart condition
  • having hemophilia
  • test is restricted due to arrestees hospitalization
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18
Q

Juveniles fall within provisions of 23612 and ____ legally consent to drawing of blood in compliance with implied consent without parental permission

A

May

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19
Q

If parent of juvenile interferes and directs/causes juvenile not be too submit to chemical tests, following shall apply:

A
  • if juvenile selects blood and parents refuse to sign, May constitute refusal unless juvenile takes another test
  • if juvenile selects breath or urine, and failure to take test because of parental influence shall be construed as refusal
20
Q

Blood specimens shall be retained minimum period of ____ year from date of collection

A

1

21
Q

Only approved urine sample for BAC analysis is sample collected no sooner than ____ minutes after first completely voiding the bladder

A

20

22
Q

Urine specimens shall be retained for periods of ___ year from date of collection

A

1

23
Q

23140 violations will only no result in force blood draw when crash results in _____ of person and arrest for felony vehicular manslaughter

A

Death

24
Q

Score of hearing for admin per se:

A

Reasonable cause, lawful arrest, chemical test result or refusal, and to determine whether action should be upheld based on preponderance of evidence/lack of

25
Q

Ways of Handling inappropriate or irrelevant questions in admin per se:

A
  • if officer believes exceeds scope should object on basis of relevancy
  • if over ruled officer should request clarification for overrule
  • if question still exceeds scope office should request recess and contact supervisor
  • thereafter, officer shall request taped copy and submit to area commander for resolution
26
Q

CHP 202J logs for PAS shall be retained at area office for _____ years plus the current year from date of last test on log

A

2

27
Q

Accuracy of PAS is checked every ___ calendar days or ___ tests (whichever comes first)

A

10 or 150

28
Q

Decision to establish checkpoint, site, and procedures must be established by

A

Supervisory law enforcement personnel and not by an officer in the field

29
Q

A _____ formula must be used to determine witch vehicles will be stopped

A

Neutral

30
Q

Division shall approve checkpoint operational plans submitted by concerned area(s) at least ____ week prior to scheduled date(s) of operation

A

1

31
Q

Operational plans for checkpoints shall be kept on file by area for minimum period of ___ years plus the current year, in event needed for court cases

A

2

32
Q

Operational plans for checkpoints shall address following:

A
  • date, hours, location
  • contingency plans, to include identification of alternate location on event safety considerations prevent operation in intended location
33
Q

Checkpoints should normally operate for periods of ____ to _____ hours

A

4 to 6

34
Q

The average time a vehicle should spend in a lane at a checkpoint should not normally exceed ____ minutes

A

3

35
Q

Vehicles ____ not be stopped on a discretionary basis

A

Shall

36
Q

Team leaders are responsible for completing a CHP ____ for each checkpoint conducted

A

205

37
Q

Copies of a CHP 205 for checkpoints shall be forwarded within ___ hours of conclusion of operation

A

48

38
Q

Areas are required to provide a printed news release to media ____ hours prior to checkpoint operations

A

48

39
Q

At least ___ warning signs shall be used when setting up checkpoint

A

6

40
Q

The mere presence of a drug alone while using preliminary drug screening machine is not ____ cause to arrest for DUI

A

Sufficient

41
Q

A person can test positive for a drug or combination of drugs during PSD and ___ be under influence

A

Not

42
Q

The department does not conduct ____ oral guild confirmation testing for drugs

A

Secondary

43
Q

If collection kit for PDD contains a colored silica package and it is _____ or _____, it was exposed to moisture and shall be discarded

A

Black or dark green

44
Q

For location based PSD programs, testing must occur within ____ hours from time of collection

A

4

45
Q

Persons required to have an ignition interlock device should have a restriction printed on their

A

Driver license

46
Q

If driver is unable to start the vehicle after ____ attempts an officer should examine IID for signs of tampering

A

3

47
Q

If driver is cited or arrested for tampering with IID device, officer should take IID for evidence only if

A

Device can be easily removed without damaging vehicle

HPM 70.4 DUI (1 decks)

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