HPM 70.4 Driving Under the Influence Enforcement Manual

Question 1

Pursuant to Section 23610(a) VC, what are the presumption limits of being under the influence?

Answer 1

1. Less than .05% = presumed not UI
2. .05% or more, but less than .08% = no presumption
3. .08% = presumed UI

Question 2

What are the three phase processes that CHP uses to detect and evaluate DUI drivers?

Answer 2

1. Phase one - Vehicle in Motion
2. Phase two - Personal Contact
3. Phase three - Pre-Arrest Screening

Question 3

What shall officers do, who elect to utilize the CHP 202S?

Answer 3

SHALL tape the original to an 8 1/2 x 11 inch sheet of paper and attach it to the arrest report.

Question 4

What does the department utilize to assist an officer in identifying impaired drivers?

Answer 4

the three test battery referred to as standardized field sobriety tests or SFSTs, and the PAS device

Question 5

The department recognizes five alternative FSTs and accepts that additional FSTs may be given if approved by who?

Answer 5

local DAs

Question 6

SFST’s (Three Test Battery) consists of?

Answer 6

1. HGN
2. Walk and Turn - Most sensitive psychophysical test
3. One-Leg-Stand - psychophysical test

Question 7

What is the PAS

Answer 7

Preliminary Alcohol Screening

Question 8

What are the 5 alternative FST’s?

Answer 8

1. Romberg Balance
2. Finger to Nose
3. Hand pat
4. Finger Count
5. Alphabet (verbal/written)

Question 9

Whenever possible, a DRE MAY/SHOULD/SHALL evaluate anyone suspected of being under the influence of drugs?

Answer 9

SHOULD

Question 10

Administrative Per Se (APS) Provisions allows administrative suspension/revocation of a persons driving privilege under the following conditions:

Answer 10

1. Over 21 years: BAC of .08% or greater or refusal to submit to a chemical test (alcohol or drugs)
2. Over 21 years commercial: BAC of .04% or greater or refusal to submit to test
3. Under 21 years - Zero Tolerance: BAC of .01% or greater or refusal to submit to chemical/PAS test (alcohol or drugs)

Question 11

What occurs if drug DUI and/or under .08% BAC?

Answer 11

license shall not be confiscated nor shall the pink copy of the DS 367 or DS 367M be served

Question 12

23152(e)?

Answer 12

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

Question 13

23152(f)?

Answer 13

DUI drug influence only

Question 14

23152(g)?

Answer 14

DUI combined influence of any alcoholic beverage and drug

Question 15

Pursuant to 40300.5 VC - if any of the following exists:

Answer 15

1. The person is observed by an officer “in or about” a vehicle obstructing the roadway
2. The person is involved in a traffic accident (applies to private property T/C’s)
3. The person will not be apprehended unless immediately arrested
4. The person may cause injury to him or herself or damage property unless immediately arrested
5. The person may destroy or conceal evidence fo the crime unless immediately arrested

Question 16

What are the available options when making a misdemeanor DUI arrest?

Answer 16

1. upon concurrence of a supervisor, post an officer or officers at the hospital to guard and subsequently book the arrestee upon his/her release
2. Book the arrestee into a hospital jail or ward
3. 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
4. Cite and release the arrestee by having him/her sign a CHP 215 (only if the Area has a Cit and Release Policy)
5. 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

Question 17

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:

Answer 17

1. Upon concurrence of a supervisor, contact the on-call magistrate and request the arrestee be released on his/her own recognizance (OR)
2. release via 849(b)(1) PC and issue a CHP 103, with concurrence of supervisor

Question 18

Area commanders MAY/SHOULD/SHALL adopt a Cite and Release Program for misdemeanor DUI arrestees

Answer 18

MAY

Question 19

After chemical testing, the arresting officer will determine if the arrestee is to be booked or cited and released. Following factors should be considered:

Answer 19

1. Does the arrestee have proper identification?
2. what is the likelihood the arrestee will appear in court?
3. Is a person available to assume responsibility for the subsequent behavior of the arrestee?
4. photograph and/or thumb print should be taken of the arrestee
5. All arrestees shall be checked for warrants through CLETS and NCIC

Question 20

For possible violations of 23152(d), or 23153(d), or 213.1(c) CCR, the following procedure shall apply:

Answer 20

• 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

Question 21

If it is determined that the BAC is under .04, the following shall apply:

Answer 21

• 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

Question 22

Areas participating in the Nonconsensual Chemical Testing (NCT) program and/or the DUI Cit and Release Program shall follow what?

Answer 22

departmental and Area policies and procedures when arresting commercial drivers pursuant to Section 23152(d) or 23153(d) CVC

Question 23

Sections 23154, 23136, and 23140 VC are punishable as infractions pursuant to Section 40000.1 VC, as such what must occur?

Answer 23

Offense must occur in an officer’s presence. 40300.5 VC not applicable because its not a misdemeanor

Question 24

Pursuant to Section 23136(c)(1) CVC, any person under the age of 21 years who drives a motor vehicle is deemed what?

Answer 24

to have given their consent to a PAS test or other chemical test for the purpose of determining the presence of alcohol

Question 25

Pursuant to Section 23612 CVC, a person who drives a motor vehicle is deemed what?

Answer 25

to have given consent to chemical testing for purposes of determining alcoholic content if lawfully arrested for Sectino 23140 CVC

Question 26

Officer SHALL or SHALL NOT cite a subject for violations of both Section 23136 and 23140 VC

Answer 26

SHALL NOT

Question 27

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?

Answer 27

a Felony

Question 28

Bicycles are not included within the definition of a motor vehicle and therefore what does not apply?

Answer 28

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**

Question 29

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?

Answer 29

arrange for a medical examination

Question 30

What does Implied Consent not apply to?

Answer 30

1. Attempted DUI (664 PC/23152 VC) 2. DUI Bicyclist (21200.5 VC) and DUI Motorized Scooter (21221.5 VC)

Question 31

Informal Admonishment: The officer may paraphrase the requirements of 23612 VC. If this informal admonishment results in refusal, what occurs?

Answer 31

The officer is then required to read the admonition verbatim (from either the DMV DS 367 or DMV Ds 367 Spanish)

Question 32

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?

Answer 32

the medically qualified person refused to withdraw the sample.

Question 33

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

Answer 33

SHOULD

Question 34

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?

Answer 34

The chemical test admonition may or may not be given, depending upon the driver's degree of impairment

Question 35

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?

Answer 35

WITHOUT

Question 36

If a parent of a juvenile interferes or directs the juvenile not to submit to a chemical test, the following shall apply:

Answer 36

1. 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 2. 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

Question 37

Some medical facilities require arrestees to sign what?

Answer 37

consent or medical treatmetn form

Question 38

If the arrestee selects a blood test but refuses to sign the form, the following will apply:

Answer 38

- 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

Question 39

Nonconsensual testing was substantially revised in the Supreme Court decision of Missouri v. McNeely (11-1425).

Answer 39

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

Question 40

The judicially established criteria for maintaining the admissibility of forcibly seized blood samples, for the investigation of any crime, focuses on the following elements:

Answer 40

1. The sample is drawn by a medically qualified person in a reasonable and medically approved manner 2. The test is incidental to a lawful custodial arrest. 3. There is a reasonable belief that evidence of alcohol or drugs will be found in the sample. 4. the force used is limited to that amount which is reasonable and necessary to obtain the sample, and is not disproportionate to the need.

Question 41

What are the three (3) clues for Horizontal Gaze Nystagmus?

Answer 41

1 - Lack of smooth pursuit. 2 - Distinct and sustained nystagmus at maximum deviation. 3 - Onset of nystagmus prior to 45 degrees.