HPM 70.4 Flashcards by Seth Preston

(True/False) Alcohol is a drug that acts on the sensory nervous system.

False Central Nervous System

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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

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Food in the stomach does or does not affect the absorption rate.

True: Does

False: Does not

True: Does

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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

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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

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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

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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

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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

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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

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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

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(True/False) 7 drug categories are (PG 3-1-3-2)
CNS Depressant, CNS Stimulant, Narcotic Analgesics, Dissociative Anesthetics, Cannabis, Hallucinogens and Inhalants.

True

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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.

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What is the preferred chemical test for detecting any drug influence? (Pg 3-6, e)
Blood
Breath
Urine
Saliva

Blood

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What is the most commonly abused dissociative anesthetic? (3-8, 5, a)
PCP
Weed
Fentynal
Cocaine

PCP

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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)

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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

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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.

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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

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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)

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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

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commercial driver found to have a BAC of ___% shall be placed out of service for how long?

0.01% for 24 hours

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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

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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)

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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

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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

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?

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

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

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

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