HPM 70.4 - Driving Under The Influence Enforcement Manual Flashcards
When a subject is arrested for alcohol- and/or drug- related DUI and an APS action is not applicable (e.g., the arrestee’s BAC is below 0.08 percent if they are age 21 or older and/or the arrestee submits to a chemical test), only the Officer’s Statement (first page of the DS 367 or DS 367M and the second page, the Probable Cause Narrative) should be forwarded to DMV with the relevant report. The subject’s license _____ not be confiscated.
Shall
* Note: Nor shall the pink copy of the DS 367 or DS 367M (e.g., the driver’s copy of the APS Suspension/Revocation Order and Temporary Driver License) be served.
Section 23152(d) or 23153(d) CVC ______ _____ be used when the driver (commercial) has a BAC of 0.04 percent or greater (this includes BACs of 0.08 percent or greater). The officer shall first place the driver out-of-service for 24 hours, advise the driver of the out-of-service order, and note on the driver’s RODS the time and place that such order was given, then proceed to the chemical testing facility and/or jail.
Shall always
Sections 23154, 23136, and 23140 CVC are punishable as infractions pursuant to Section 40000.1 CVC. As such, these violations _____ occur in an officer’s presence. Furthermore, unlike Sections 23152 and 23153 CVC, Section 40300.5 CVC is not applicable to Sections 23154, 23140, and 23136 CVC.
Must
In 2012, Assembly Bill 2020 revised Section 23612 CVC regarding chemical testing procedures in drug-related DUI cases by eliminating the urine test option except under the following circumstances:
(1) Both the breath and blood tests are unavailable.
(2) The arrestee suffers from hemophilia.
(3) The arrestee uses an anticoagulant for a heart condition.
A limited test advisement section for arrestees who are transported to a medical facility for treatment is located on the back of the first page of the DS 367 and DS 367M. In this event, the officer _____ advise the arrestee “Since you need medical treatment, your choice is limited to (name of test). These are the only test(s) available at (name of facility).” It is a refusal when the arrestee will submit only to a test not available at the facility.
Shall
A minimum of _____ milliliters of blood will be collected to permit duplicate determinations (Title 17 CCR Section 1219[b] and Section 23158 CVC).
Three
The only approved urine sample for BAC analysis is a sample collected no sooner than _____ 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.
20
* Note: If the presence of drugs is suspected, a sample of the urine first voided should be retained for drug analysis.
Section 23614 CVC _____ be read verbatim to the person submitting to a breath test.
Shall
* Note: It is the Department’s preference that this admonishment be given after the breath test has been completed.
The arresting officer _____ obtain supervisory approval prior to the arrestee being physically compelled to submit to a blood draw. The approving supervisor, if readily available, _____ be present during the procedure. The supervisor shall ensure the conditions outlined in this chapter are complied with. Participating officers and supervisors shall also ensure that no more force or restraint than reasonably necessary is used to accomplish the procedure.
Shall / Should
APS provisions only apply to BAC levels or refusals; they do not apply to DUI of drugs.
True
A CHP 202J, PAS Device Out/In Usage Log, _____ be completed whenever a PAS device is checked out or in.
Shall
* Note: The logs shall be retained at the Area office for two years plus the current year, from the date of the last test on the log.
A CHP 202K, PAS Device Accuracy Check/Calibration Log, _____ be completed whenever a PAS device is checked for accuracy and when calibrated.
Shall
* Note: The logs for PAS devices shall be retained at the Area for two years plus
the current year, from the date of the last calibration listed on the log.
The decision to establish a sobriety checkpoint, the selection of the site, and the procedures for the checkpoint operation must be established by _____ law enforcement personnel, and not by an officer in the field.
Supervisory
Sobriety Checkpoint - Violation of 12500(a) VC: The vehicle _____ be released to the registered owner, provided they are a licensed driver, or to any licensed driver authorized by the registered owner to take possession of the vehicle. The registered owner, or their authorized agent, has until the end of the checkpoint to remove the vehicle.
Shall
