HPM 70.4

Question 1

What are the 3 phases that DUI drivers are detected and evaluated through?

Answer 1

1. Vehicle in Motion
2. Personal Contact
3. Pre-Arrest Screening

Question 2

Officers who elect to use the 202S ______ attach it to the arrest report.

May
Can
Should
Shall

Answer 2

Shall

Question 3

How many Departmentally-approved FSTs are there? What are they?

Answer 3

9

HGN, WaT, OLS, Finger to Nose, Romberg, Hand Pat, Finger Count, Alphabet, PAS

Question 4

If a commercial vehicle driver’s BAC is .04 or greater, officers _____ invoke the provisions of the Implied Consent Laws.

Shall
Should
May
Can

Answer 4

Shall

Question 5

T/F: Section 40300.5 is applicable for sections 23136 and/or 23140.

Answer 5

False

** both are infractions and, therefore, must occur in the officer’s presence.

Question 6

T/F: Section 23140 VC May be enforced without a chemical or PAS test.

Answer 6

False

It shall ONLY be enforced when corroborated by a chemical or PAS test.

Question 7

Bicycles are not included within the definitions of a motor vehicle and therefore, Section ______ VC is not applicable. However, the provisions of Section ______ VC do apply.

13353, 40300.5
40300.5, 13353

Answer 7

13353 (implied consent), 40300.5 (DUI involved in an accident)

Question 8

Who are exempt from having to take a blood test by statute when arrested for DUI?

Answer 8

Persons taking anticoagulants OR who are hemophiliacs are exempt

Question 9

T/F: Admin Per Se applies to ANY person driving a motor vehicle in California, whether or not the driver is a California resident.

Answer 9

True

• remember to only seize Ca driver’s licenses and issue the pink copy of the 367 in all instances *

Question 10

The DS 367, violator’s DL, and the breath test results shall be forwarded to DMV within _______ .

5 business days
5 calendar days
10 business days
10 calendar days

Answer 10

5 business days

Question 11

The accuracy of a PAS device is checked every _______ or ______ tests, whichever comes first.

10 calendar days, 100 tests
15 calendar days, 150 tests
10 calendar days, 150 tests
15 calendar days, 100 tests

Answer 11

10 calendar days or 150 tests

Question 12

PAS calibration logs shall be kept at the office for _________.

Answer 12

2 years PLUS the current year

Question 13

The decisions surrounding a sobriety checkpoint, from the location to the procedures used, MUST be established by _______ , and NOT by ________ .

Answer 13

Supervisory personnel and NOT from an officer in the field.

Question 14

T/F: Implied Consent/Admin per Se laws apply to boating under the influence.

Answer 14

False, they both do NOT apply.