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HPM 70.4 DUI Manual > HPM 70.4 > Flashcards

HPM 70.4 Flashcards

1
Q

Alcohol is a drug that acts on the central nervous system as a _______

A

depressant

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2
Q

California Presumptive Law:

What are the BAC levels and their presumed affects:

A

.01-.04 presumed not DUI
.05-.07 No presumtion, may man not be DUI
.08 or more Presumed to be DUI

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3
Q

If more than one occupant of a vehicle has any control of that vehcile while it is in motion and are determined to be under the influence, those occupants ____ be arrested for DUI

A

may

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4
Q

Officers ____ ask a series of pre-FST questions without advising the individual their ________. These are designed to illicit information in order to assist the officer in determining the subject’s sobriety

A

may

Miranda Rights

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5
Q

If used during the evaluation, the CHP202S shall….

A

be attached to subsequent the arrest report

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6
Q

NHTSA has instituted 3 standardized field sobriety tests, they are?

A

Horizantal Gaze Nystagmus
Walk and Turn
One-Leg-Stand

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7
Q

In addition to the SFST’s, the Dept recognized ___ alternate FST’s that can be used. Others may also be used with the approval of ______

A

5

the local district attorney’s office

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8
Q

HGN is a type of neural Nystagmus. It is the most ___ and ____ FST for determiningh alcohol influence. In addition to alcohol it will indicate the presence of ____, _____,and other depressants

A

accurate and reliable

PCP
Inhalants

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9
Q

HGN has ____ validated clues. Each clue counted once for each eye. ____ out of the 6 clues shows a 77 precent probability that the subject is a ._____ BAC or more.

A

6
4
.10 BAC

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10
Q

Walk and Turn has two stages to the test, what are they?

A

The instruction stage and the walking stage.

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11
Q

The walk and turn FST has a combined 8 clues, if the subject displays ___ of the clues, there is a 68 percent probability the subject has a BAC of .10 or more

A

2

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12
Q

One leg stand has 4 clues, ____ out of the 4 clues shows the subject has a 65 percent prob of being a .10 or more

A

2

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13
Q

The _____ FST’s, due to their scientific validation, should be used whenever possible.

A

Standardized

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14
Q

The PAS should be given in combination with other FST’s whenever possible. It ____ be the ____ test given.

A

shall

last

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15
Q

FST’s should be administered in all cases escept when….

A

in the officer’s opinion it is impractical

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16
Q

Barbiturates and Tranquilizers are a part of which drug class

A

CNS depressants

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17
Q

When CNS depressants are suspected, the ____ is the preferred test.

A

blood

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18
Q

Methamphetamine, cocaine, amphetamines are CNS ______

A

stimulants

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19
Q

Powdered opium,morphine, codeine, Darvon, heroin, and OXY are examples of _______

A

Narcotic Analgesics

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20
Q

It is a violation of section _____ for anyone addicted to the use of any drug to drive a motor vehicle, this shall not apply to anyone participating in an approved narcotic treatment program

A

23152(c) VC

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21
Q

A violation of section 23222(b)VC and passengers / peds in possesion of less than 28.5 grams of marijuana is a Misd and shall ______

A

be cited and released

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22
Q

The primary enforcement section for being under the influence of peyote / mescaline as ped or passenger is _____… the effects varies between hallucinogens

A

647(f)PC

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23
Q

The prefered chemical test for inhalants is ____

A

urine

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24
Q

Officers ____ investigate all incidents of suspected DUI drivers and ____ physically arrest all persons in violation of section 23152/23153 VC. Officer shall complete a _____ whenever a person is arrested for DUI

A

shall
shall
CHP202

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25
Q

Application of _____ statutes apply to all vehicles up on highways and elsewhere (ex. fireroads, state parks, rest areas, public property, private property)

A

DUI

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26
Q

Admin Per Se: APS allows for the suspension or revocation of the driver priviledge of anyone over 21 with a BAC of __ or more, __ or more for a commercial license, and _____ for under 21

A

.08
.04
zero tolerance

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27
Q

DMV proceedures: Offficers are required to submit at ____ or _____ for every DUI arrest regardless of their BAC

A

DS367 or DS367M

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28
Q

When a subject is arrested for DUI drugs only, a DS367 is still required and the subject’s CDL is ______

A

not confiscated and the pink copy is not provided.

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29
Q

DUI of alcohol and/or drugs regardless of BAC is section

A

23152(a) VC

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30
Q

DUI with a BAC of .08 % or more is section

A

23152(b)VC

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31
Q

It is unlawful for a drug addict to drive a vehicle is section

A

23152(c)VC

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32
Q

It is unlawful to drive a commercial vehicle with a BAC of .04 or greater is section

A

23152(d)VC

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33
Q

DUI on any drug (new section) is

A

23152(e)VC

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34
Q

DUI combination of alcohol and any drug is section (new section)

A

23152(f) VC

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35
Q

DUI not committed in an officer’s presence is per authority….

A

40300.5 VC

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36
Q

Applicable 40300.5 VC sub-sections allowing officers to arrest DUI’s occuring not in their presence:

A

(a) -involved in a traffic collision
(b) -in or about a vehicle blocking the road
(c) -person will not be apprehended unless immediately arrested.
(d) -person may cause injury or damge to property unless immediately arrested.
(e) -person may destroy or conceal evidence or the crime unless immediately arrested.

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37
Q

23572(a)VC is an enhancement for 23152 VC when a driver is arrested with a minor under the age of _____

A 
14 years
(note: 273(a)PC  may be charged if anyone willfully places a minor in a situation that may cause great body injury or death).
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38
Q

23582 VC is an enhancement for 23152 VC when a DUI driver is observed ______

A

30 mph or more over max, prima facie, or posted speed limit.

20 mph over any other street.

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39
Q

23558 VC is an enhancement for 23152 VC when a DUI driver involved in a TC and _____

A

causes bodily injury to more that one person.

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40
Q

If a DUI is involved in a TC and is hospitalized, there are several options the handling officer has to handle a misd. arrest, these include:

A

-post an officer at the hospital and wait for DUI’s release, then book
-book DUI into hospital jail ward.
-cite and release.
-request a complaint to be filed.
(note: with each option, ensure all ID and evidence is collected properlly.
note #2: if a felony, it may be the area’s protocal to contact an on-duty magistrate or DA prior to releasing.)

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41
Q

Warrantless DUI in a residence: If a subject flees from the scene and enters a residence, an officer may enter that residence without a warrant as long as the officer has probable cause to believe the following:

A
  • driver is DUI
  • DUI is an element of the crime being investigated.
  • driver is in the residence
  • the time is brief enough that it is believed the alcohol is still in the blood.
  • BAC is in danger of imminent destruction.
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42
Q

True or False: Section 853.6 PC gives officers the authority to release a DUI driver with the signing of a 215 and not be held liable for any additional damage or injury that driver may cause if they decide to drive again.

A

True

43
Q

If a DUI is to be cited and released, the following shall occur after the chemical test is provided:

A
  • DUI shall be checked for warrants
  • officer shall issue a 215
  • the responsible person taking the DUI shall have their names placed in the violation section of the 215
  • the “booking required” box shall be checked on the 215
  • the responsible person shall be issued a 202F and have it signed. If they are unwilling to sign the form, the DUI will be booked.
44
Q

CCR requires that officers place commercial drivers out of service for ____ if they are determined to have a BAC of ____ or more

A

24 hours

.01

45
Q

If a commercial driver has a BAC of .04 or more, the provisions of implied concent _____
23152(d) VC

A

shall be enforced

46
Q

If a commercial driver is determined to have a BAC of .01 and under .04, the officer shall issue a 215 for :

A

“34506.3VC, failure to comply with CHP regulations-BAC of .01 percent or greater-out of service of 24 hours”

47
Q

If arresting a driver for 23152(d) VC, it shall be handled as anyother DUI arrest. This will be done after placing the driver…..

A

out of service for 24 hours.

48
Q

A driver under the age of 21 with a BAC .01 or more is guilty of section _____ and shall submit to a PAS. If a PAS is not available they will be offered _____

A

23136VC

blood, breath, or urine

49
Q

A driver under the age of 21 with a BAC of .05 or more is guilty of section

A

23140VC

50
Q

A driver on probation for DUI and stopped driving with a BAC of .01 is guilty of section

A

23154VC

51
Q

When an officer encounters a driver who is on probation or is under 21 and suspects that driver has consumed alcoholic beverage, a thorough investigation_____be conducted.

A

shall

52
Q

After conducting a DUI investigation and the completion of a PAS test at .01 or more, if a driver is suspected of violating section 23136VC, 23140VC, or 23154 VC that has been confirmed through CLETS and the driver is not under the influence the officer should

A

issue a CHP215 for the appropirate charge and complete a DS367.

53
Q

If a driver is in violation of sections 23136 or 23140 and the officer decides to tow the vehicle, the appropriate section for the tow is

A

22651(h)2VC

54
Q

If a driver under the age of 21 is ordered not to drive again due to violating an applicable DUI law and found to be driving later with alcohol in their system, the driver may receive a cite for…

A

2800 VC

55
Q

If an officer is performing a DUI investigation and does not have a PAS, that officer should…

A

request one from a beat partner or a supervisor

56
Q

At the conclusion of FST’s and the driver refuses to provide a PAS sample after being told of the PAS admonishment, the officer shall….

A

read the back of the DS367 verbatim.

57
Q

In authorizing the release of a juvi (under 18) after an arrest for DUI, the supervisor should consider takning one or more of the following actions:

A
  • release to a parent or gaurdian or other responsible adult
  • provide transportation home
  • take reasonable steps to ensure that the juvi will not drive again.
58
Q

Section 23550VC makes a 23152 conviction a felony if the offense occurs within _____ years of 3 or more DUI related convictions.

A

10

Note: this section allows officers to arrest for this felony section even if the officer believes this to be true.

59
Q

If a subject is arrested for felony DUI and refuses to submit to a chemical test, that subject ____ be physically compelled to take a test if the arrestee meets the criteria regarding nonconsensual testing.

A

may

60
Q

Section 23550.5VC makes any conviction of a DUI a felony if that convictions occurs within _____ years of a previous felony DUI conviction or ____ after a previous specified vehicular manslaughter conviction

A

10

anytime

61
Q

Section ________ makes it a misd for anyone to ride a bicycle on a highway while under the influence

A

21200.5VC

62
Q

Section ______ makes it a misd for anyone to ride a motorized scooter on a highway while under the influence.

A

21221.5VC

63
Q

Admin per se _____ apply to bicycle DUI’s. Arrestees ____required to submit to a chemical test

A

does not

are not

64
Q

A subject arrested for DUI bike ____ be afforded the right to take a chemical test. If they are found to not be under the influence, _____ return them to the original location of the enforcement stop and give them their bike back.

A

shall

should

65
Q

When a DUI arrestee appears to be in need of medical attention, or requests medical attention, regardless whether they appear to be ill or injured, officers ____ arrange for medical exam

A

shall

66
Q

The department responsible for the commercial sale of alcohol is _____

A

ABC

67
Q

ABC should be notified when information is discovered of the illegal selling of alcohol esp to minors. Examples of this are:

A
  • Information about the illegal purchace and consumption off alcohol by minors
  • any time officers detect a pattern of individuals involved in DUI tc’s who ID the same establishment as where they were drinking.
  • anytime where the suspect in a fatal DUI tc ID’s the estabishment where they were drinking before the crash
68
Q

Implied Consent _____ apply to attempted DUI

A

does not

69
Q

Implied Consent: Officer may paraphrase this admonishment, however if this results in a refusal, the officer shall _____

A

read the admonishment verbatim.

70
Q

Implied Consent: The urine test has been eliminated from as an option except under certain conditions. These conditions are?

A
  • Both blood and breath tests are unavailable.
  • Subject has hemophilia
  • Subject takes blood thinners
71
Q

The succussful application of a CDL, applicants agree with the following condition:

A

Implied Concent, and the refusal of taking a chemical test results in a suspended license for 1,2, or 3 years.

72
Q

Alcohol DUI only: if blood and breath test is unavailable, suspect ______ submit to a urine test.

A

must

73
Q

For drug related DUI, suspects are able to take blood, breath, or urine. If breath is taken, the suspect is required to additionally take________

A

a blood or urine test as well.

74
Q

Unconscious drivers: Implied Consent states that blood ____ be taken from an unconscious driver that is incapable of refusing.

A

may

75
Q

Juvi’s fall within the scope of Implied Consent. They _____consent to taking a chemical test without a parent present. If a parent refuses to sign or allow them to sign, it will be considered ________

A

may legally

a refusal if no other test taken.

76
Q

An arrestee’s refusal to respond to questions regarding which chem test they will take constitutes ____

A

a refusal

77
Q

If arrestee declines to specify which chem test to take, the officer will choose the test to be taken. If the arrestee refuses this test, the other ______

A

remaining test will be offered. If the arrestee refuses this test, then they will be considered a refusal.

78
Q

During a urine test for alcohol only, the sample _____ be taken no sooner that ______ after the bladder is voided.

A

shall

20 minutes

79
Q

The breath test consists of two separate test that must no differ by more than_____

A

.02%

80
Q

During the breath test, the officer must continually observe the subject for _____.

A

15 minutes

Note: Officer may use all senses for this obs period.

81
Q

Unlike the PAS test, the PEBT devices may only be used in areas where ______

A

they are licensed and supported by aforensic alcohol lab

82
Q

Areas shall establish what in order for PEBT’s to be used?

A

SOP’s which address local procedures and controls

83
Q

Judicially est criteria for forced blood withdrawl focuses on the following elements:

A
  • Sample is drawn by a qualied person and in a reasonably approved medical manner.
  • Incidental to a lawful arrest.
  • Reasonable belief that alcohol will be found in the blood
  • The force used is limited and reasonable to obtain the sample.
84
Q

The Dept has 2 Non Consensual Testing programs, they are?

A

The Standard NCT Program (felony arrests)
The Enhanced NCT Program (all DUI arrests)
Note: all areas have the Standard Program, only certain areas use the Enhanced Program.

85
Q

For an area to participate in the Enhanced NCT Program, it must meet the following conditions:

A
  • Commander shall coordinate with DA
  • Coordinate with local medical facilities
  • A SOP shall be est.
  • Approval from A/C Field
86
Q

Prior to a forced blood draw, the officer _____ obtain approval from a supervisor

A

shall

87
Q

Persons exempt from force blood drawls are:

A

hemophiliacs and perons with heart problems taking anticoagulants.

88
Q

Admin Per Se applies to any person who drives a motor vehicle, whether or not the driver is CA resident. However officers _____ seize CA driver licenses.

A

shall only

89
Q

Admin Per Se conditions apply when the following are met:

A
  • refusal
  • breath test of .08 or more (both samples)
  • .04 or more on a commercial DL
  • combo of alcohol and drugs with BAC of .08 or more. Drugs only does not apply.
90
Q

Following an arrest, the DS367 shall be fowarded to DMV within ______

A

15 calendar days

91
Q

The purpose of Admin Per Se hearings is to resolve the issues involving reasonable cause, _______, _______, and to determine if the action against the subject’s CDL should be upheld

A

lawful detension/arrest

chemical test results.

92
Q

After an Admin Per Se hearing, the officer ____ request a taped copy of the hearing.

A

shall

93
Q

Frequency of PAS device calibration is?

A

10 calendar days or 150 tests, which ever comes first

94
Q

PAS devices shall be logged in and out along with the amount of tests done. PAS logs will be retained at the area for how long?

A

2 years plus the current

95
Q

The breath test is an attempt to measure the alcohol in _______. Care must be taken to elimate residual mouth alcohol before the test is conducted

A

blood of the lungs

96
Q

During a DUI check point, motorists stopped in the checkpoint should only be detain for how long?

A

only long enough to briefly question the driver and to look for signs of intoxication.

97
Q

The purpose of DUI checkpoints is to ?

A

detect and deter DUI/unlicensed drivers

98
Q

During a DUI checkpoint, officers ____ be in uniform, including _____, at all times while in view of the public

A

shall

campaign hats

99
Q

While being questioned in a check point, vehicles should not be detained for more than _____

A

3 minutes

100
Q

During a checkpoint and a driver is determined to be 12500, the officer shall attempt to find the ro or any licensed driver the ro provides. How long does the driver have to find a licensed driver to avoid the impound?

A

The vehicle will be held until the end of the detail. If no driver can be found the vehicle may be towed or safely parked and locked

101
Q

For a checkpoint, area shall provide a printed news release of the detail ____ prior to the checkpoint

A

48 hours

102
Q

Divisions ____ permit allied agencies to participate in check points as long as…..

A

may

CHP maintains the lead role in the operation

103
Q

Boating under the influence presumptive laws are the same as driving under the influence, true or false

A

true

104
Q

The commitment to serve as a DRE is for a minimum of ____

A

2 years

HPM 70.4 DUI Manual (1 decks)

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