HPM 70.4 Flashcards
(True/False) Alcohol is a drug that acts on the sensory nervous system.
False Central Nervous System
Once the alcohol enters the stomach, it begins to enter the blood through a process known as absorption. One very important fact that pertains to alcohol absorption is that it_____________ _____________ in order to move from the stomach to the blood.
Does not have to be digested
Needs to be digested
Does not have to be digested
Food in the stomach does or does not affect the absorption rate.
True: Does
False: Does not
True: Does
On the average, a person’s blood alcohol concentration, after reaching peak value, will drop by approximately _______ per hour. For example, if the person reaches a maximum BAC of 0.15, it will take approximately ______hours for the person to eliminate all of the alcohol.
.01, 15
.015, ten
.02, 7.5
.02, 7.5
There may be an attempted change of drivers while the vehicle is still in motion. If both parties had physical control of the vehicle as the vehicle was in motion and both drivers are found to be under the influence, both should be taken into custody and charged with DUI.
True
False
True
The FSTs (field sobriety tests) ___________ conducted after arrest in order to gather additional evidence to support prosecution as FSTs are not considered testimonial in nature.
Shall not be
May be
Should not
May be
The questions contained on page 2 of the CHP 202, Driving Under the Influence Arrest – Investigation Report, ______ asked without a Miranda admonition during an investigative detention. However, if the driver is placed under arrest, the officer ______ advise the driver of the Admonition of Rights prior to asking any questions intended to solicit incriminating statements.
Shall be, may
May be, shall
May be, may
Shall be, shall
May be, shall
In People v. Bennett, (1983) 139-Cal.App.3d 767, the courts ruled FST’s violated a person’s Fifth Amendment rights and caused a person to be placed in a position of self-incrimination.
True
False
False
The Preliminary Alcohol Screening (PAS) Device ________utilized in conjunction with FSTs or the alternative FSTs listed in this chapter. Except for unusual circumstances, the PAS device ____________utilized after the administration of primary and/or alternative FSTs.
Shall be, should be
Should be, shall be
May be, shall be
Should be, shall be
Welfare and Institutions Code 625.6 prohibits a minor 17-years of age or younger from waving their Miranda Rights prior to consulting with legal counsel.
True
False
True
(True/False) 7 drug categories are (PG 3-1-3-2)
CNS Depressant, CNS Stimulant, Narcotic Analgesics, Dissociative Anesthetics, Cannabis, Hallucinogens and Inhalants.
True
Section 23152(c) CVC states it is unlawful for a person who is addicted to the use of any drug to drive a motor vehicle. What is the exception to this law? (pg 3-6, 3, f,5)
23152 (c) shall not apply to a person who is participating in an approved narcotic treatment program.
What is the preferred chemical test for detecting any drug influence? (Pg 3-6, e)
Blood
Breath
Urine
Saliva
Blood
What is the most commonly abused dissociative anesthetic? (3-8, 5, a)
PCP
Weed
Fentynal
Cocaine
PCP
The Administrative Per Se (APS) law allows on the suspension or revocation of a person’s DL based upon a specific blood alcohol concentration (BAC) of ___% or more for persons 21 yrs. or older, ___% for persons driving a vehicle requiring a commercial DL, ___% for persons under 21yrs. or on probation for DUI?
.08 / .04 / .01 (pg. 4-4, sect 4 a)
Regardless of whether an APS action is applicable based upon an arrestee’s BAC or refusal, an officer should / or shall complete a DS 367 or DS 367M for every arrest?
shall
Officers may include a misdemeanor charge of section 273a(b)P.C. whenever a person is arrested for a violation of section 23152 VC and a person under the age of ___ is a passenger in the vehicle.
18
Q. Section 23582 VC provides that any person who drives a vehicle during the commission of 23152 VC, ___ mph or more over the maximum on a freeway, or ___ mph or more over the posted speed limit on any street or highway shall receive an additional penalty enhancement of 60 days.
30/20
A DUI arrestee with an injury requiring extended stay in a hospital shall… What area the 5 possible procedures for dealing with the arrestee?
Post an officer at the hospital to guard until released for booking
Book arrestee into a hospital jail ward
Release the arrestee to custody of a deputy/ officer authorized to accept custody (not hospital security staff) and arrange for absentee booking at appropriate jail.
Cite and Release
Release arrestee per 849(b)(4) PC, and complaint to be filed (pg 4-9, sect c 1)
When citing and releasing for DUI a responsible person should or shall be requested to sign a CHP 202F. If the responsible person refuses to sign the form write _____. The arrestee should or shall be booked whenever the responsible person is not willing to sign the form.
Shall / “refused” in the signature box / should
commercial driver found to have a BAC of ___% shall be placed out of service for how long?
0.01% for 24 hours
Section _____VC makes a conviction of 23152 VC a felony if the offense occurs within ___ years of 3 or more DUI related convictions?
23550/ 10 years
Give 3 examples of when notification Alcoholic Beverage Control (ABC) would be appropriate?
Anytime a minor is arrested for an alcohol related offense
Anytime officers detect a pattern of individuals involved in alcohol related crashes identify the same establishment as the location where they were served alcohol.
Anytime an impaired driver in a fatal or other high-profile crash identifies the specific establishment where they were served. (pg 4-35, sect 16 b 2 abc)
Implied consent does not apply to which of the following?
While under the influence of an alcoholic beverage and/or drug
Persons arrested for DUI bicyle or motorized scooter
While under age 21, with a blood alcohol concentration (BAC) of 0.01 percent or greater
Persons arrested for attempted DUI
While on probation for DUI, with a BAC of 0.01 percent or greater
Persons arrested for DUI bicyle or motorized scooter
Persons arrested for attempted DUI
All persons lawfully arrested for a violation of Section 23152 or 23153 CVC shall be given one of the following admonishments relative to the implied consent law
Formal Chemical Test Admonishment
Informal Chemical Test Admonishment.
Limited Test Advisement.
All of the above
All of the above
An arrestee’s refusal to respond to questions regarding which test they will take, when requested by the officer, constitutes a refusal of chemical tests. (t/f)
True
Breath samples shall be collected only after the arrestee has been under continuous observation for at least 15 minutes. Observation by senses other than sight are sufficient during the 15-minute observation period. (T/F)
True
When obtaining a urine sample for suspected alcohol impairment, the subject must first completely void the bladder prior to providing a sample. (T/F)
True
Alcohol - The only approved urine sample for BAC analysis is a sample collected no sooner than 20 minutes after first completely voiding the bladder. The time the bladder was first voided, as well as the time the approved sample is obtained, shall be recorded.
Drug- If the presence of drugs is suspected, an initial urine void is not required. The first urine sample should be retained for drug analysis. *******
iological specimens shall be retained for a minimum period of _____ from date of collection ?
3 years
2 years
6 months
1 year
1 year
The arresting officer _____ obtain supervisory approval prior to the arrestee being physically compelled to submit to a blood draw.
May
Should
Shall
Shall
Administrative Per Se applies to any person who drives a motor vehicle, whether or not the driver is a California resident. (T/F)
True
The driver may request a DMV hearing within ____ days of the issuance of the driver license Suspension/Revocation Order to show that the suspension or revocation is not justified.
15
30
45
60
30
The original DS 367 or DS 367M Officer’s Statement page, DMV’s copy (white) of the DS 367 or DS 367M Administrative Per Se Suspension/Revocation and Temporary Driver License, the violator’s California driver license (if available), and a copy of the breath test results are forwarded to DMV within ________ days.
5 Business days
5 calendar days
15 business days
15 calendar days
5 Business days
If the violator submitted to a blood or urine test, the chemical test results shall be forwarded to DMV using the DS 367A, Supplement to Officer’s Statement Blood/Urine Test Results, or the Department of Justice or County Forensics Chemical Test Results Certification within _________.
5 Business days
5 calendar days
15 business days
15 calendar days
15 calendar days
The arresting officer ______ advise the violator their California driver license will be confiscated, and they will be issued a temporary driver license endorsement. (May/Should/Shall)
Shall
The violator _________ be told to call the telephone number listed on the second pink copy of the DS 367 or DS 367M if they have any questions regarding the APS action. (may/should/shall)
Should
What Vehicle Code section authorizes law enforcement to administer a PAS device during a DUI investigation?
A: 23152(a) VC
B: 23612 VC
C: Title 17 California Code of Regulations
D: 23140 VC
B: 23612 VC
Title 17 does not apply to PAS devices.
A: True
B: False
True
The use of PAS devices constitutes a search or seizure within the meaning of the Fourth Amendment.
A: True
B: False
True
The accuracy of the PAS device is checked every days or tests (whichever comes first) by the Area/Division PAS device coordinator.
A: five business / 50
B: 10 business / 50
C: 10 calendar / 150
D: 30 calendar / 150
C: 10 calendar / 150
Who is responsible for the decision to establish a sobriety check point, the selection of the site and the procedures for the check point operation?
a) Officer
b) Supervisor
c) Division
d) None of the above
Suerpvisor
Areas shall prepare operational plans for each checkpoint and submit plans to their Division so they may be approved at least _____ before the scheduled date of operation.
a) One Week
b) 10 Days
c) 14 days
d) 30 days
a) One Week
How is it decided to stop a vehicle at a DUI check point?
a) Neutral Formula
b) Every Vehicle Gets Stopped
c) Only Red Cars
a) Neutral Formula
Sobriety/driver license checkpoint teams will usually be comprised of what personnel?
One Sergeant and enough officers to effectively operate the check point.
(True/False) For most mechanical violations found during a sobriety check point, a verbal warning should be given.
True
During a Sobriety/Driver License checkpoint can a vehicle be impounded for Section 14602.6 CVC if the driver’s only offence is a violation of Section 12500 CVC?
No
During a grant funded Sobriety/Driver License checkpoint, the CHP 215 and CHP 415, Daily Field Record, shall contain what?
a) Name of Check Point
b) Special Code
c) Name of officers working
d) All of the above
b) Special Code
Team leaders are responsible for completing a ______ for each Sobriety/Driver License checkpoint conducted?
a) CHP 101
b) CHP 105
c) CHP 205
d) CHP 805
c) CHP 205
Prior to conducting a Sobriety/Driver License check point, Areas are required to provide a press release to the media _______ prior to the checkpoint operations.
a) 16 hours
b) 24 hours
c) 36 hours
d) 48 hours
d) 48 hours
At least ____ warning signs shall be used when setting up a Sobriety/Driver License checkpoint.
a) 1
b) 3
c) 5
d) 6
d) 6
Does implied consent or admin per se apply to boating under the influence?
Yes
Yes, when licensed under the Harbors and Navigation Code (HNC)
Yes, when over 21 years of age
No
No
The legal BAC for a minor under 21 to operate a motorized vessel or manipulate water skis?
None, .01% or greater is an infraction
None, .01% or greater is a misdemeanor
Under 0.05% BAC is an infraction
Above 0.05% BAC in a misdemeanor
None, .01% or greater is an infraction
What HPM can the Boating under the influence manual be located?
70.4 – Driving under the influence enforcement manual
100.67 – Law enforcement assistance and interjurisdictional operations
100.69 – General law enforcement policy manual
GO 43.4 – National - LEO assistance and other enforcement issue
70.4 – Driving under the influence enforcement manual
True/False- The purpose of the DRE program is to increase the effectiveness of the Department and allied agencies in detecting and removing drug-impaired drivers from the highways, ultimately minimizing the loss of life, personal injury, and property damage. Furthermore, this will ensure safety and service to the public as they utilize the roadways.
True
What unit is the OPI for the DRE program?
Enforcement Planning
Impaired Driving Section
CHP Academy
None
Impaired Driving Section
All field certification sites should be staffed with a minimum of ______
DRE instructors
4
3
1
2
2
o comply with these guidelines, Area commanders shall designate a ________________as the Area DRE coordinator who will act as a liaison with the Division.
Supervisor
Manager
Uniformed Officer
Civilian
Uniformed Officer
Area offices are to maintain copies of the 202DRE for what length of time?
4 years
2 years
5 years
1 year
4 years
What is the minimum length of a commitment to serve as a DRE?
3 years
1 year
2 years
2 years
A DRE Instructor shall have a minimum of ________ years experience as a DRE?
3
2
4
1
2
True/False- A DRE who has decertified cannot recertify without going through the entire DRE course and receiving a minimum score of 80 percent.
False
True/False- PDS tests take the place of Advanced Roadside Impaired Driving Enforcement training or Drug Recognition Experts.
False
Training for the use of the PDS device is the job of what unit?
Academy DUI Unit
Impaired Driving Section
Research and Planning
Area Coordinator
Impaired Driving Section
The PDS collects what type of sample for analyzation?
Blood
Breath
Oral Fluid
Urine
Oral Fluid
How often is an operator required to accuracy check the PDS?
a) Once a shift at the start of the shift
b) Once a shift at the end of the shift
c) At the start and end of shift
c) At the start and end of shift
True/False- To ensure a sample collection complies with current law, PDS testing will generally either be conducted prior to arrest when the subject provides free and voluntary consent (refer to paragraph 6.d. of this chapter for additional information); or post arrest after the
officer has provided a Miranda Warning (which can be found on the CHP 202, Driving Under the Influence Arrest-Investigation Report) and the subject has waived
their right against self-incrimination.
True
Generally speaking who should be the person collecting the sample for the PSD?
Arresting Officer
Suspect
Medical Professional
None of the above
Suspect
True/False- Lost, stolen, damaged, or destroyed PDS devices shall be reported pursuant to the procedures contained in Highway Patrol Manual 11.2, Materials Management Manual, Chapter 8, Equipment. Additionally, the reporting command shall notify IDS via e-mail at
PAS-PDS@chp.ca.gov
True
