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
All provisions for a misdemeanor DUI arrest apply to felony arrests except “Cite and Release by having the subject sign the 215.” The following provisions apply:
- Upon concurrence of a supervisor, contact the on-call magistrate and request the arrestee be released on his/her own recognizance (OR)
- release via 849(b)(1) PC and issue a CHP 103, with concurrence of supervisor
Area commanders MAY/SHOULD/SHALL adopt a Cite and Release Program for misdemeanor DUI arrestees
MAY
After chemical testing, the arresting officer will determine if the arrestee is to be booked or cited and released. Following factors should be considered:
- Does the arrestee have proper identification?
- what is the likelihood the arrestee will appear in court?
- Is a person available to assume responsibility for the subsequent behavior of the arrestee?
- photograph and/or thumb print should be taken of the arrestee
- All arrestees shall be checked for warrants through CLETS and NCIC
For possible violations of 23152(d), or 23153(d), or 213.1(c) CCR, the following procedure shall apply:
- If BAC of .01 or more, but less than .04, the officer shall issue CHP 215 for “34506.3 VC, failure to comply with CHP regulations - BAC of .01 percent or greater – out-of-service for 24 hours.” The driver shall be advised of the “24 hour out-of-service order and a notation shall be printed in the driver’s log book (if applicable) stating the time and place that the order was given. (May use PAS or evidentiary chemical test for out-of-service order).
- Prepare a CHP 202
If it is determined that the BAC is under .04, the following shall apply:
- The driver should be examined for drug impairment, Cite 23152(f) or 23153(f) VC
- the driver should be examined for impairment resulting from a combination of alcohol and drug impairment, Cite 23152(g) or 23153(g) VC
Areas participating in the Nonconsensual Chemical Testing (NCT) program and/or the DUI Cit and Release Program shall follow what?
departmental and Area policies and procedures when arresting commercial drivers pursuant to Section 23152(d) or 23153(d) CVC
Sections 23154, 23136, and 23140 VC are punishable as infractions pursuant to Section 40000.1 VC, as such what must occur?
Offense must occur in an officer’s presence. 40300.5 VC not applicable because its not a misdemeanor
Pursuant to Section 23136(c)(1) CVC, any person under the age of 21 years who drives a motor vehicle is deemed what?
to have given their consent to a PAS test or other chemical test for the purpose of determining the presence of alcohol
Pursuant to Section 23612 CVC, a person who drives a motor vehicle is deemed what?
to have given consent to chemical testing for purposes of determining alcoholic content if lawfully arrested for Sectino 23140 CVC
Officer SHALL or SHALL NOT cite a subject for violations of both Section 23136 and 23140 VC
SHALL NOT
Section 23550.5 VC provides that a DUI conviction (23152 or 23153) occurring within ten years of a prior felony DUI or vehicular manslaughter conviction is punishable as what?
a Felony
Bicycles are not included within the definition of a motor vehicle and therefore what does not apply?
Section 13353 VC (chemical test refusal). However, the provisions of 40300.5 VC (DUI involved in an accident) do apply same applies to motorized scooter
When a DUI arrestee appears to be in need of medical attention, regardless whether he/she appears to be ill or injured, officers shall do what?
arrange for a medical examination
What does Implied Consent not apply to?
- Attempted DUI (664 PC/23152 VC)
- DUI Bicyclist (21200.5 VC) and DUI Motorized Scooter (21221.5 VC)
Informal Admonishment: The officer may paraphrase the requirements of 23612 VC. If this informal admonishment results in refusal, what occurs?
The officer is then required to read the admonition verbatim (from either the DMV DS 367 or DMV Ds 367 Spanish)
Unconscious Drivers. Section 23612(a)(5) states a blood sample may be taken from any driver arrested for DUI who is unconscious or otherwise in a condition rendering the subject incapable of refusal, unless what?
the medically qualified person refused to withdraw the sample.
Whenever a person is arrested for DUI and sustains injuries resulting in impaired consciousness, a blood test MAY/SHOULD/SHALL be administered in order to comply with Section 23612(a)(5) CVC
SHOULD
The arresting officer should confer with the attending medical personnel before approaching the driver to determine the extent of injury, which medical procedures were performed, and whether a mind-altering medication was administered. Does the chemical test admonition need to be given?
The chemical test admonition may or may not be given, depending upon the driver’s degree of impairment
Juveniles fall within the provisions of Section 23612 VC and may legally consent to the drawing of blood in compliance with the Implied Consent Law with or without parental permission?
WITHOUT
If a parent of a juvenile interferes or directs the juvenile not to submit to a chemical test, the following shall apply:
- if a blood test was selected by the juvenile, and the parent refuses to sign the hospital form, this may constitute a refusal unless the juvenile takes another test
- If the juvenile has selected the breath or urine test, parental permission is not required, and failure to take the test because of parental influence shall be construed as a refusal
Some medical facilities require arrestees to sign what?
consent or medical treatmetn form
If the arrestee selects a blood test but refuses to sign the form, the following will apply:
- If the form contains a waiver of liability which absolves the hospital in any way from civil or criminal action, the subject does not have to sign, and such a refusal shall not be construed as a refusal. This does not preclude testing at another facility
Nonconsensual testing was substantially revised in the Supreme Court decision of Missouri v. McNeely (11-1425).
In essence, the court concluded a law enforcement agency must generally obtain a search warrant prior to conducting a nonconsensual chemical test in most instances, the court stated, “… the natural dissipation of alcohol in the blood stream does not constitute an exigency in every case basis taking into account the totality of the circumstances
The judicially established criteria for maintaining the admissibility of forcibly seized blood samples, for the investigation of any crime, focuses on the following elements:
- The sample is drawn by a medically qualified person in a reasonable and medically approved manner
- The test is incidental to a lawful custodial arrest.
- There is a reasonable belief that evidence of alcohol or drugs will be found in the sample.
- the force used is limited to that amount which is reasonable and necessary to obtain the sample, and is not disproportionate to the need.
What are the three (3) clues for Horizontal Gaze Nystagmus?
1 - Lack of smooth pursuit.
2 - Distinct and sustained nystagmus at maximum deviation.
3 - Onset of nystagmus prior to 45 degrees.
