HPM 70.4 Driving Under the Influence Enforcement Manual Flashcards
Pursuant to Section 23610(a) VC, what are the presumption limits of being under the influence?
- Less than .05% = presumed not UI
- .05% or more, but less than .08% = no presumption
- .08% = presumed UI
What are the three phase processes that CHP uses to detect and evaluate DUI drivers?
- Phase one - Vehicle in Motion
- Phase two - Personal Contact
- Phase three - Pre-Arrest Screening
What shall officers do, who elect to utilize the CHP 202S?
SHALL tape the original to an 8 1/2 x 11 inch sheet of paper and attach it to the arrest report.
What does the department utilize to assist an officer in identifying impaired drivers?
the three test battery referred to as standardized field sobriety tests or SFSTs, and the PAS device
The department recognizes five alternative FSTs and accepts that additional FSTs may be given if approved by who?
local DAs
SFST’s (Three Test Battery) consists of?
- HGN
- Walk and Turn - Most sensitive psychophysical test
- One-Leg-Stand - psychophysical test
What is the PAS
Preliminary Alcohol Screening
What are the 5 alternative FST’s?
- Romberg Balance
- Finger to Nose
- Hand pat
- Finger Count
- Alphabet (verbal/written)
Whenever possible, a DRE MAY/SHOULD/SHALL evaluate anyone suspected of being under the influence of drugs?
SHOULD
Administrative Per Se (APS) Provisions allows administrative suspension/revocation of a persons driving privilege under the following conditions:
- Over 21 years: BAC of .08% or greater or refusal to submit to a chemical test (alcohol or drugs)
- Over 21 years commercial: BAC of .04% or greater or refusal to submit to test
- Under 21 years - Zero Tolerance: BAC of .01% or greater or refusal to submit to chemical/PAS test (alcohol or drugs)
What occurs if drug DUI and/or under .08% BAC?
license shall not be confiscated nor shall the pink copy of the DS 367 or DS 367M be served
23152(e)?
misdemeanor to drive a vehicle with a BAC of .04% or greater when a passenger for hire is a passenger in the vehicle at the time of the offense
23152(f)?
DUI drug influence only
23152(g)?
DUI combined influence of any alcoholic beverage and drug
Pursuant to 40300.5 VC - if any of the following exists:
- The person is observed by an officer “in or about” a vehicle obstructing the roadway
- The person is involved in a traffic accident (applies to private property T/C’s)
- The person will not be apprehended unless immediately arrested
- The person may cause injury to him or herself or damage property unless immediately arrested
- The person may destroy or conceal evidence fo the crime unless immediately arrested
What are the available options when making a misdemeanor DUI arrest?
- upon concurrence of a supervisor, post an officer or officers at the hospital to guard and subsequently book the arrestee upon his/her release
- Book the arrestee into a hospital jail or ward
- release the arrestee into the custody of a deputy/officer which is authorized to accept custody of prisoners. Arrange for an absentee booking at the appropriate booking facility
- Cite and release the arrestee by having him/her sign a CHP 215 (only if the Area has a Cit and Release Policy)
- Upon concurrence of a supervisor, release the arrestee pursuant to Section 849(b)(1) PC and issue a CHP 103, Certificate of Release from Custody