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2024-2025 SSG 69 > HPM 70.4 Driving Under the Influence Enforcement Manual > Flashcards

HPM 70.4 Driving Under the Influence Enforcement Manual Flashcards

1
Q

Officers shall complete a CHP , Driving Under the Influence Arrest- Investigation Report, in accordance with this manual; General Order (GO) 100.39, CHP 202, Driving Under the Influence Arrest-Investigation Report, and CHP , Arrest-Investigation Report; and GO 100.91, Search and Seizure Policy. 4-3, (c)

A

202

216

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2
Q

The forms documenting incidents which bring people under APS provisions, and which the Department of Motor Vehicles (DMV) uses to seek administrative suspensions/revocations, are the or . 4-4, (b)

A

DS367

DS367M

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3
Q

If a minor under 14 years of age is a passenger in the vehicle of a person arrested for Section 23152 CVC, officers
request in the Recommendations section of the CHP 202 that the enhanced penalty provided by Section 23572(a) CVC be imposed on the arrested person
upon a conviction of Section 23152 CVC. 4-7, (c)(1)

A

SHALL

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4
Q

If it appears that the arrestee will be required to stay in the hospital for an extended period of time, the officer shall ensure __ _______ __ _______ ______ for later prosecution (e.g., chemical test and statements) 4-9, (c)

A

ALL EVIDENCE IS LAWFULLY OBTAINED

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5
Q

Officers shall not normally cite and release a misdemeanor DUI arrestee from the scene of the arrest until after gathering the to support the arrest, and after ensuring the arrestee
continue to drive (e.g., someone is able to accept responsibility of the arrestee and meets the criteria listed in paragraph 8.d.[1][b] of this chapter). 4-12, 2(b)

A

NECESSARY EVIDENCE

WILL NOT

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6
Q

The responsible person shall be requested to sign a CHP , Driving Under the Influence Cite and Release Admonishment. If the responsible person refuses to sign the form, write “refused” in the signature box. The form be retained and attached to the DUI report. 4-15, (6)

A

202F

SHALL

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7
Q

A driver shall be ordered - - for 24 hours if the driver is found to have 0.01 percent or more, by weight, of alcohol in their blood. 4-18, (c)

A

OUT-OF-SERVICE

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8
Q

If the officer does not have a PAS device in their possession, the officer request a PAS device from an adjoining beat partner or their supervisor. If a PAS device is still not available, officers shall follow their regarding invoking the provisions of Implied Consent and transporting a violator to a chemical testing facility. 4-23, 6(a)

A

SHOULD

AREA’S SOP

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9
Q

If the driver has a suspended or revoked license, the officer shall take possession of the license, complete a , Verbal Notice by Peace Officer, and submit these documents separately to the DMV. 4-24, 8(d)

A

DL 310

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10
Q

In authorizing any release of a juvenile (under 18 years of age) after an arrest for DUI, the
should consider taking one or more of the following actions when feasible:
a) Release the juvenile to a parent, guardian, or other responsible adult.

b) Provide transportation for the juvenile to their residence or other suitable place of safety.

c) Take reasonable steps to ensure the juvenile will not drive. 4-26, 4(a)(b)(c)

A

SUPERVISOR

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11
Q

If a person is determined not to be under the influence of alcohol and/or drugs after the chemical testing, the arresting officer notify their supervisor of the situation. With the supervisor’s approval, the person may be released. Upon release, if no further enforcement is to be taken, a
shall be issued as provided in HPM 100.68, Chapter 2. 4-25, 9(d)

A

SHALL

CHP 103

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12
Q

Implied consent apply to: (1) Persons arrested for attempted DUI (Section 664 Penal Code[PC]/Section 23152 CVC), (2) Persons arrested for Section 21200.5 CVC (DUI Bicycle) or Section 21221.5 CVC (DUI Motorized Scooter).5-3, 1(d)

A

DOES NOT

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13
Q

If the arrestee indicates they will not submit to a chemical test or fails to respond to the officer’s admonition, they be informed failure to submit to and complete a chemical test result in their driving privilege being suspended/revoked.5-5, 1

A

SHALL

WILL

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14
Q

Section 23612(a)(5) CVC states a blood sample be taken from any driver arrested for DUI who is unconscious or otherwise in a condition rendering the subject incapable of refusal, unless the medically qualified person refuses to withdraw the sample. 5-6, 6

A

MAY

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15
Q

By statute, persons taking anticoagulants and hemophiliacs are from submitting to the blood test. 5-6, 4

A

EXEMPTED

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16
Q

Upon request of the person tested, and as soon as practicable, the officer state the results of the breath test to the subject. 5-14, 7

A

SHALL

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17
Q

A , Request for Blood Sample, or locally approved form, should be prepared and delivered to a person authorized to withdraw blood in every instance where blood samples are obtained by a request from a member of the Department. 5-15, 5(c)

A

CHP 233

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18
Q

The force used is limited to that amount which is
and to obtain the sample, and is not disproportionate to the need. 5-19, 4(d)

A

REASONABLE/ NECESSARY

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19
Q

The arresting officer shall obtain ________ prior to the arrestee being physically compelled to submit to a blood draw. The approving supervisor, if readily available, _____ be present during the procedure. 5-23, 6

A

SUPERVISORY APPROVAL

SHOULD

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20
Q

shall be used when forcibly removing a blood sample from the subject, and care should be taken to guard against injuries to the subject or the officers involved. 5-24, g (2)

A

SOUND PROFESSIONAL JUDGMENT

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21
Q

Areas shall ensure that blood and urine samples are delivered to the forensic laboratories in a timely manner in order to provide sufficient time for laboratory analysis. The Area commander shall coordinate with the local prosecutors and forensic laboratories to ensure the chemical test results are obtained in a timely manner and that the chemical test results are forwarded to DMV within ____ ___ ___. 6-6, 4c

A

15 calendar days

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22
Q

(Handling inappropriate or Irrelevant questions) If after the hearing officer’s explanation or ruling the officer continues to believe the question is ______, the officer should respectfully request a recess. During the recess, officers should contact an Area supervisor for further guidance. In turn, Area supervisors may contact Impaired Driving Section (IDS), via telephone, at (916) 843-4360 and/or the Office of Legal Affairs, at (916) 843-3110, for clarification. 6-11, 6, h(3)

A

inappropriate

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22
Q

Subpoena DS __ Form. The DS ___ is used by DMV when subpoenaing an officer for a hearing. This form is used by both DMV and the defendant. Therefore, it is incumbent upon the supervisor accepting the subpoena to ensure which entity is serving the subpoena. This can be accomplished by verifying the on behalf of section of the form. If the subpoena is being served by DMV, it will be documented as such in the on behalf of section. If the subpoena is served by the defendant, it will be so documented. 6-8, 6, e(2)

A

501

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23
Q

The accuracy of the PAS device is checked every ___ calendar days or ___ tests (whichever comes first) by the Area/Division PAS device coordinator. 7-4, 2, c., (2)(a)2

A

ten, 150

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24
Q

Area commanders shall discuss the Department’s policy and procedures concerning the utilization of PAS devices as a DUI-related enforcement tool with local district attorneys and court(s). Commanders are encouraged to meet with local ______ _____ to discuss admissibility of PAS device results. Commanders who need additional background information may contact IDS for assistance. 7-9, 6., a. (3)

A

district attorneys

25
Q

Preliminary Alcohol Screening Devices. The Department uses three models of PAS devices. They are: The Lifeloc FC20, The Intoximeters Alco-Sensor IV Black Dot (4797) software version, The Intoximeters Alco-Sensor ____. 7-10 & 7-11, 7., a. (1) to (3)

A

FST

26
Q

THEORY OF OPERATION. The PAS devices utilized by the Department contain a fuel cell sensor and a sampling system. When activated, the sampling system draws a small portion of the deep lung breath sample into the fuel cell for analysis. The fuel cell is a porous disk coated with a thick layer of platinum black on both faces and saturated with an ______. The cell is supported at its outer edge in the fuel cell case. When the breath sample is drawn across the top surface of the cell, the alcohol is quickly absorbed and is subsequently converted to acetic acid plus electrons. The resulting electric current is converted to a BAC and digitally displayed. 7-11, 8.

A

electrolyte

27
Q

CHP___, Preliminary Alcohol Screening (PAS) Device Out/In Usage Log. A CHP ___, Preliminary Alcohol Screening (PAS) Device Out/In Usage Log, shall be completed whenever a PAS device is checked out or in. The number of tests performed with the device shall be recorded on the CHP ___. Officers shall note any operational problems that cannot be resolved on the CHP ___ and contact their Area PAS device coordinator as soon as practical. 7-11, 9., b.

A

202J

28
Q

The CHP 202J shall be retained at the Area office for ___ years plus the current year, from the date of the last test on the log. 7-12, 9., b. (3)

A

two

29
Q

The decision to establish a sobriety checkpoint, the selection of the site, and the ______ for the checkpoint operation must be established by supervisory law enforcement personnel, and not by an officer in the field. 8-4, 4., f. (1)

A

procedures

30
Q

Checkpoint sites shall be based on alcohol- and drug-related impaired driving traffic collision experience, or on past DUI arrest activity. Statistical information on the locations of alcohol- and drug-related impaired driving traffic collisions are available through the ______ ______ ______ ______ ______. Data from Support Services Section, or local statistics, may be used to evaluate high DUI arrest activity locations. These statistics, coupled with officer/motorist safety factors, shall be considered in selecting sites for sobriety/driver license checkpoint operations. Sobriety/driver license checkpoints shall not be situated on freeways or on highways where traffic speed or other conditions would pose an unreasonable threat to motorists or members of the sobriety/driver license checkpoint team. 8-7, 7., a.

A

Statewide Integrated Traffic Records System

31
Q

Areas shall prepare operational plans for each checkpoint and submit plans to their Division so they may be approved at least ____ ____ before the scheduled date of operation. Copies of a previous plan may be used, with a new cover memorandum, if the checkpoint is in a location previously used and there are no substantial changes to the roadway configuration. 8-7 & 8-8, 8., a.

A

one week

32
Q

Operational plans shall be kept on file by the Area for a ____ period of two years plus the current year, in the event they are needed for court cases. 8-8, 8., a. (2)

A

minimum

33
Q

Team members shall be in full uniform, including ____ ____, at all times while in public view. Members in Areas authorized to wear cold weather uniform items may do so on checkpoint duty in conformance with Area and Division policies. 8-9, 9., b.

A

campaign hats

34
Q

Sobriety/driver license checkpoint teams should normally operate for periods of ___ __ ___ hours. The team leader may discontinue operations at any time for safety reasons. 8-9, 10., a.

A

four to six

35
Q

Areas are required to provide a press release to the media __ ____prior to the checkpoint operations. To assist Area commanders with this requirement, a sample checkpoint press release is included in Annex B of this chapter. Notifications shall include general information outlining date(s), time(s), and geographical areas where checkpoint operations will occur. No paid advertisements will be authorized. 8-13, 15., a.

A

48 hours

36
Q

Warning signs shall be located in such a manner as to adequately warn motorists that they are approaching a sobriety/driver license checkpoint. NOTE: At least ___ warning signs shall be used when setting up a sobriety checkpoint: Two signs shall read SOBRIETY/DRIVER LICENSE CHECKPOINT AHEAD; one sign shall read SOBRIETY/DRIVER LICENSE CHECKPOINT; one sign shall read STOP AHEAD; one sign shall read STOP; and one sign shall warn of LEFT/RIGHT LANE CLOSED AHEAD. Employees should be advised to wear protective gloves while setting up the signs. This is necessary to ensure injuries do not occur from handling the signs and support mechanisms. 8-15, 17., d.

A

six

37
Q

What is this definition: “A person is under the influence if, as a result of drinking or consuming an
alcoholic beverage and/or taking a drug, their mental or physical abilities are so
impaired that they are no longer able to drive a vehicle with the caution of a sober
person, using ordinary care, under similar circumstances.” HPM 70.4 (P.1-3)

A

Under the influence

38
Q

Alcohol has to be digested in order to be absorbed into the blood? HPM 70.4 (P.1-4)

A

False

39
Q

When the brain senses that food is in the stomach, it commands a muscle at the base of the stomach to constrict and cut off the passage to the small intestine. The muscle is called the _________. HPM 70.4 (P.1-4)

A

Pyloric Valve

40
Q

On the average, a person’s blood alcohol concentration, after reaching peak value, will drop by approximately _____ per hour. HPM 70.4 (P.1-5)

A

0.015

41
Q

________________ coordinates, facilitates, and teaches SFST and DUI training courses statewide. Any CHP or allied agency DRE/SFST instructor seeking to hold an SFST course should contact them in order to obtain Commission on Peace Officer Standards and Training (POST) course numbers and other required information. HPM 70.4 (P.2-3)

A

Impaired Driving Section

42
Q

The Standardized Field Sobriety Test (SFST), the Advance Roadside Impaired Driving Enforcement (ARIDE) and Drug Recognition Evaluator (DRE) course manuals can be found on which group’s website? HPM 70.4 (P.2-3)

A

National Highway Traffic Safety Administration

43
Q

If, after contacting a driver, in a potentially hazardous area, and reasonable suspicion exists that the driver may be DUI, the officer _____ remove the driver from the hazardous area to a safe location and conduct the FSTs. HPM 70.4 (P.2-5)

A

May

44
Q

An officer contacted a possible DUI suspect in a hazardous location and the suspect refused consent to be relocated to a safer location for further investigation. The officer placed the suspect under arrest for DUI and then transported them off the freeway and conducted field sobriety tests without providing a Miranda admonition. Did the officer improperly gather evidence? HPM 70.4 (P.2-6)

A

No

45
Q

The CHP 202S, DUI Field Evaluation Notes, is an optional tool designed to assist with documenting signs of impairment observed by an officer during a DUI investigation. Officers who complete the CHP 202S _____ either attach a copy to their report or incorporate all of their notes recorded on the CHP 202S into the narrative of their report.

A

Shall

46
Q

When performing the Hand Pat Test, the suspect will: HPM 70.4 (P.2-7)

A

Move only the top hand, in 180 degrees rotation, and increase their speed as their count progresses

47
Q

The suspect should perform the Hand Pat Test a minimum of ____ seconds, but no more than ____ seconds. HPM 70.4 (P.2-8)

A

10, 15

48
Q

During the Finger Count Test, the suspect is instructed to complete how many sets? HPM 70.4 (P.2-9)

A

Three

49
Q

The administration of an FST does not constitute an unlawful detention. Following a detention, FSTs based upon a reasonable suspicion that the driver is under the influence do not violate the Fourth Amendment. The administration of an FST does not constitute an unlawful detention. Following a detention, FSTs based upon a reasonable suspicion that the driver is under the influence do not violate the Fourth Amendment. This is all supported by which of the following case law? HPM 70.4 (P.2-11)

A

People vs. Bennett (1983)

50
Q

A Preliminary Drug Screening (PDS) device ____ be used to gain additional evidence of suspected drug use. Except for unusual circumstances, the PDS device ____ only be utilized after all FSTs have been completed and the Preliminary Alcohol Screening (PAS) device has been utilized. (HPM 70.4 P.2-12)

A

May, shall

51
Q

The following all the field sobriety tests that appear on the CHP 202S. HPM 70.4 (P.2-13)

A

HGN, Walk and Turn, One Leg Stand, Modified Romberg, Finger to Nose, and PAS

52
Q

CNS Depressants will generally lower the subject’s heartrate and blood pressure. HPM 70.4 (P.3-3)

A

True

53
Q

Which code should be used for passengers/pedestrians when under the influence of a controlled substance? HPM 70.4 (P-3-4)

A

Section 11550(a) of the California Health and Safety Code

54
Q

When documenting injection sites in a report, use the following term: HPM70.4 (P.3-8)

A

Puncture Wound

55
Q

When documenting marijuana cases, If the individual officer has been trained and exposed to cannabis and its properties, it is acceptable to describe its odor as a cannabis odor and not an odor resembling cannabis. The same concept applies to cannabis possession cases. There is no need to describe the contraband as a green leafy substance resembling cannabis. HPM 70.4 (P.3-11)

A

True

56
Q

When _________ influence is suspected, officers should attempt to secure a blood sample as soon as possible. This generally occurs after the arrest, but before the DRE examination. HPM 70.4 (P.3-11)

A

Cannabis

57
Q

Which two drug categories exhibit the most similar signs? HPM 70.4 (P.3-14)

A

CNS Stimulants and Hallucinogens

58
Q

When writing a report and trying to substantiate a Section 381 PC charge, it is necessary to articulate the following: HPM 70.4 (P.3-15)

A

A person’s intent to use inhalants for intoxication purposes

59
Q

The Controlled Substance Act sets forth the criteria by which controlled drugs are scheduled. The schedule with the highest potential for abuse, has no accepted medical purpose, and lack of accepted safety under medical supervision is known as which schedule? HPM 70.4 (P. 3-23)

A

Schedule I

60
Q

New chemical substance that is formed when the original drug taken comes in contact with enzymes and/or other reactor in the bloodstream. HPM 70.4 (P.3-29)

A

Metabolite

61
Q

Synesthesia is defined as: HPM 70.4 (P.3-30)

A

Mixing of sensory perception

2024-2025 SSG 69 (16 decks)

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