HPM 70.4 Flashcards
Alcohol is a drug that acts on the central nervous system as a _______
depressant
California Presumptive Law:
What are the BAC levels and their presumed affects:
.01-.04 presumed not DUI
.05-.07 No presumtion, may man not be DUI
.08 or more Presumed to be DUI
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
may
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
may
Miranda Rights
If used during the evaluation, the CHP202S shall….
be attached to subsequent the arrest report
NHTSA has instituted 3 standardized field sobriety tests, they are?
Horizantal Gaze Nystagmus
Walk and Turn
One-Leg-Stand
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 ______
5
the local district attorney’s office
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
accurate and reliable
PCP
Inhalants
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.
6
4
.10 BAC
Walk and Turn has two stages to the test, what are they?
The instruction stage and the walking stage.
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
2
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
2
The _____ FST’s, due to their scientific validation, should be used whenever possible.
Standardized
The PAS should be given in combination with other FST’s whenever possible. It ____ be the ____ test given.
shall
last
FST’s should be administered in all cases escept when….
in the officer’s opinion it is impractical
Barbiturates and Tranquilizers are a part of which drug class
CNS depressants
When CNS depressants are suspected, the ____ is the preferred test.
blood
Methamphetamine, cocaine, amphetamines are CNS ______
stimulants
Powdered opium,morphine, codeine, Darvon, heroin, and OXY are examples of _______
Narcotic Analgesics
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
23152(c) VC
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 ______
be cited and released
The primary enforcement section for being under the influence of peyote / mescaline as ped or passenger is _____… the effects varies between hallucinogens
647(f)PC
The prefered chemical test for inhalants is ____
urine
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
shall
shall
CHP202
Application of _____ statutes apply to all vehicles up on highways and elsewhere (ex. fireroads, state parks, rest areas, public property, private property)
DUI
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
.08
.04
zero tolerance
DMV proceedures: Offficers are required to submit at ____ or _____ for every DUI arrest regardless of their BAC
DS367 or DS367M
When a subject is arrested for DUI drugs only, a DS367 is still required and the subject’s CDL is ______
not confiscated and the pink copy is not provided.
DUI of alcohol and/or drugs regardless of BAC is section
23152(a) VC
DUI with a BAC of .08 % or more is section
23152(b)VC
It is unlawful for a drug addict to drive a vehicle is section
23152(c)VC
It is unlawful to drive a commercial vehicle with a BAC of .04 or greater is section
23152(d)VC
DUI on any drug (new section) is
23152(e)VC
DUI combination of alcohol and any drug is section (new section)
23152(f) VC
DUI not committed in an officer’s presence is per authority….
40300.5 VC
Applicable 40300.5 VC sub-sections allowing officers to arrest DUI’s occuring not in their presence:
(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.
23572(a)VC is an enhancement for 23152 VC when a driver is arrested with a minor under the age of _____
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).
23582 VC is an enhancement for 23152 VC when a DUI driver is observed ______
30 mph or more over max, prima facie, or posted speed limit.
20 mph over any other street.
23558 VC is an enhancement for 23152 VC when a DUI driver involved in a TC and _____
causes bodily injury to more that one person.
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:
-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.)
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:
- 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.
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.
True
If a DUI is to be cited and released, the following shall occur after the chemical test is provided:
- 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.
CCR requires that officers place commercial drivers out of service for ____ if they are determined to have a BAC of ____ or more
24 hours
.01
If a commercial driver has a BAC of .04 or more, the provisions of implied concent _____
23152(d) VC
shall be enforced
If a commercial driver is determined to have a BAC of .01 and under .04, the officer shall issue a 215 for :
“34506.3VC, failure to comply with CHP regulations-BAC of .01 percent or greater-out of service of 24 hours”
If arresting a driver for 23152(d) VC, it shall be handled as anyother DUI arrest. This will be done after placing the driver…..
out of service for 24 hours.
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 _____
23136VC
blood, breath, or urine
A driver under the age of 21 with a BAC of .05 or more is guilty of section
23140VC
A driver on probation for DUI and stopped driving with a BAC of .01 is guilty of section
23154VC
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.
shall
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
issue a CHP215 for the appropirate charge and complete a DS367.
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
22651(h)2VC
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…
2800 VC
If an officer is performing a DUI investigation and does not have a PAS, that officer should…
request one from a beat partner or a supervisor
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….
read the back of the DS367 verbatim.
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:
- 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.
Section 23550VC makes a 23152 conviction a felony if the offense occurs within _____ years of 3 or more DUI related convictions.
10
Note: this section allows officers to arrest for this felony section even if the officer believes this to be true.
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.
may
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
10
anytime
Section ________ makes it a misd for anyone to ride a bicycle on a highway while under the influence
21200.5VC
Section ______ makes it a misd for anyone to ride a motorized scooter on a highway while under the influence.
21221.5VC
Admin per se _____ apply to bicycle DUI’s. Arrestees ____required to submit to a chemical test
does not
are not
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.
shall
should
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
shall
The department responsible for the commercial sale of alcohol is _____
ABC
ABC should be notified when information is discovered of the illegal selling of alcohol esp to minors. Examples of this are:
- 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
Implied Consent _____ apply to attempted DUI
does not
Implied Consent: Officer may paraphrase this admonishment, however if this results in a refusal, the officer shall _____
read the admonishment verbatim.
Implied Consent: The urine test has been eliminated from as an option except under certain conditions. These conditions are?
- Both blood and breath tests are unavailable.
- Subject has hemophilia
- Subject takes blood thinners
The succussful application of a CDL, applicants agree with the following condition:
Implied Concent, and the refusal of taking a chemical test results in a suspended license for 1,2, or 3 years.
Alcohol DUI only: if blood and breath test is unavailable, suspect ______ submit to a urine test.
must
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 blood or urine test as well.
Unconscious drivers: Implied Consent states that blood ____ be taken from an unconscious driver that is incapable of refusing.
may
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 ________
may legally
a refusal if no other test taken.
An arrestee’s refusal to respond to questions regarding which chem test they will take constitutes ____
a refusal
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 ______
remaining test will be offered. If the arrestee refuses this test, then they will be considered a refusal.
During a urine test for alcohol only, the sample _____ be taken no sooner that ______ after the bladder is voided.
shall
20 minutes
The breath test consists of two separate test that must no differ by more than_____
.02%
During the breath test, the officer must continually observe the subject for _____.
15 minutes
Note: Officer may use all senses for this obs period.
Unlike the PAS test, the PEBT devices may only be used in areas where ______
they are licensed and supported by aforensic alcohol lab
Areas shall establish what in order for PEBT’s to be used?
SOP’s which address local procedures and controls
Judicially est criteria for forced blood withdrawl focuses on the following elements:
- 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.
The Dept has 2 Non Consensual Testing programs, they are?
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.
For an area to participate in the Enhanced NCT Program, it must meet the following conditions:
- Commander shall coordinate with DA
- Coordinate with local medical facilities
- A SOP shall be est.
- Approval from A/C Field
Prior to a forced blood draw, the officer _____ obtain approval from a supervisor
shall
Persons exempt from force blood drawls are:
hemophiliacs and perons with heart problems taking anticoagulants.
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.
shall only
Admin Per Se conditions apply when the following are met:
- 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.
Following an arrest, the DS367 shall be fowarded to DMV within ______
15 calendar days
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
lawful detension/arrest
chemical test results.
After an Admin Per Se hearing, the officer ____ request a taped copy of the hearing.
shall
Frequency of PAS device calibration is?
10 calendar days or 150 tests, which ever comes first
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?
2 years plus the current
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
blood of the lungs
During a DUI check point, motorists stopped in the checkpoint should only be detain for how long?
only long enough to briefly question the driver and to look for signs of intoxication.
The purpose of DUI checkpoints is to ?
detect and deter DUI/unlicensed drivers
During a DUI checkpoint, officers ____ be in uniform, including _____, at all times while in view of the public
shall
campaign hats
While being questioned in a check point, vehicles should not be detained for more than _____
3 minutes
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?
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
For a checkpoint, area shall provide a printed news release of the detail ____ prior to the checkpoint
48 hours
Divisions ____ permit allied agencies to participate in check points as long as…..
may
CHP maintains the lead role in the operation
Boating under the influence presumptive laws are the same as driving under the influence, true or false
true
The commitment to serve as a DRE is for a minimum of ____
2 years
