HPM 70.4 Flashcards
What is the California Presumptive-Limit Law?
.01 to .04 presumed that the person was not under the influence of an alcoholic beverage.
.05 to .07 presumed may or may not be
.08 or more presumed to be under the influence.
FSTs SHOULD BE ADMINISTERED IN ALL CASES EXCEPT WHEN, IN THE OFFICER’S OPINION, IT IS IMPRACTICAL. True or false?
True
Officers shall consider all the relevant evidence, including the results of the PAS test, in determining whether to place a driver out-ofservice. The PAS readings shall not be rounded off to the nearest
hundredth. For example, a reading of 0.009 percent shall/shall not be interpreted as 0.01 percent.
shall not be
When the driver is found to have a BAC of 0.01 percent but less than 0.04 percent, the officer shall issue a CHP 215 for a violation of Section 34506.3 CVC, failure to comply with CHP regulations, BAC of 0.01 percent or greater, placing the driver out-of-service for __ _____.
24 hours
An investigation shall result in an arrest for Section 23152(d) or 23153(d) CVC when the officer has reasonable cause to believe the driver’s BAC is 0.__percent or greater.
0.04 % or greater
Sections 23154, 23136, and 23140 CVC are punishable as ___________.
infractions.
Section 23140 CVC makes it unlawful for a person under the age of 21 who has a BAC of 0.__ or greater to drive a vehicle.
.05
Section 23154 CVC makes it unlawful for a person on probation for DUI who has a BAC of 0.__ percent or greater, as measured by a PAS test or other chemical test, to drive a vehicle.
0.01
Section 23136 CVC makes it unlawful for a person under the age of 21 who has a BAC of 0.__ percent or greater, as measured by a PAS test or other chemical test, to drive a vehicle.
.01
Pursuant to Section 191.5 PC, gross vehicular manslaughter while intoxicated includes a violation of Section ____ CVC.
23140
What vehicle code section/authority can you use to store a vehicle after citing 23136 or 23154 CVC?
22651 (h) (2)
A code”_“in the disposition column under the “conviction section” of the Driver History Inquiry from the DMV will indicate a prior DUI conviction which was reduced to reckless driving (Section 23103 CVC pursuant to Section 23103.5 CVC). These are commonly referred to as “wet reckless” priors.
“R”
Section 23550.5 CVC provides that a DUI conviction (Section 23152 or 23153 CVC) occurring within ___ years of a prior felony DUI conviction or any time after a specified vehicular manslaughter conviction is punishable as a felony.
ten
MISSOURI V. MCNEELY (2012) 133 S. Ct. 98 (11-1425). Although the court declined to establish rules regarding warrantless blood testing, exigent circumstances (beyond the mere dissapation of evidence in the arrestee’s blood) may allow for a warrantless blood draw.
The court cited the advancement of technology, especially in the area of electronic communications, as a primary reason officers should be required to obtain a search warrant prior to conducting compelled testing.
Areas shall prepare checkpoint operational plans as described in paragraph 8. of this chapter and submit plans to their Division so they may be approved at least ___ week prior to the scheduled date of operation.
one
