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2024-2025 690 SSG > HPM 70.4 - Driving Under the Influence Manual > Flashcards

HPM 70.4 - Driving Under the Influence Manual Flashcards

1
Q
  1. Officers __________ investigate all incidents involving suspected DUI drivers and ________Physically arrest all persons in violation of section 23152/ 23153 VC. HPM 70.4 4-2(b)
A
  1. Officers shall investigate all incidents involving suspected DUI drivers and shall
    physically arrest all persons in violation of Sections 23152/23153. HPM 70.4 4-2(b)
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2
Q
  1. DMV DS 367 _________ be completed for every subject arrested for DUI regardless of their BAC. HPM 70.4 4-4(c)
A
  1. DS 367 or DS 367M shall be completed for every subject
    arrested for DUI (Sections 23152/23153 CVC), regardless of their BAC. HPM 70.4 4-4(c)
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3
Q
  1. Pursuant to Section 40300.5 CVC, a peace officer_____, without a warrant, arrest a person when the officer has reasonable cause to believe that the person had been driving while under the influence HPM 70.4 4-5(b)1
A
  1. Pursuant to Section 40300.5 CVC, a peace officer may, without a warrant, arrest a person when the officer has reasonable cause to believe that the person had been driving while under the influence and any of the following
    exist: HPM 70.4 4-5(b)1
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4
Q
  1. If a minor under 14 years of age is a passenger in the vehicle of a person
    arrested for Section 23152 CVC, officers shall request in the
    Recommendations section of the CHP 202 that the enhanced penalty
    provided by Section 23572(a) CVC be imposed. HPM 70.4 4-7(c)1
A
  1. If a minor under 14 years of age is a passenger in the vehicle of a person
    arrested for Section 23152 CVC, officers shall request in the
    Recommendations section of the CHP 202 that the enhanced penalty
    provided by Section 23572(a) CVC be imposed. HPM 70.4 4-7(c)1
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5
Q
  1. The ____________box on the CHP 215 should be checked for a subject who is physically arrested or cited and released for a violation of Section 23152 CVC. HPM 70.4 4-14(d)4(b)
A
  1. The “Booking Required” box on the CHP 215 should be checked
    for a subject who is physically arrested or cited and released for a
    violation of Section 23152 CVC. HPM 70.4 4-14(d)4(b)
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6
Q
  1. Officers _________ cite a subject for violations of both Sections 23136
    and 23140 CVC. HPM 70.4 4-23 4
A
  1. Officers shall not cite a subject for violations of both Sections 23136
    and 23140 CVC. HPM 70.4 4-23 4
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7
Q
  1. For violation of Sections 23136, 23140, 23154, and/or
    23152/23153 CVC, the officer ________take possession of the driver’s
    California driver license, complete a DS 367 or DS 367M, issue
    the pink copy of the DS 367 or DS 367M to the driver, submit
    these documents for processing to the DMV, and complete the
    applicable departmental reports. HPM 70.4 4-24 8(A)
A
  1. For violation of Sections 23136, 23140, 23154, and/or
    23152/23153 CVC, the officer shall take possession of the driver’s
    California driver license, complete a DS 367 or DS 367M, issue
    the pink copy of the DS 367 or DS 367M to the driver, submit
    these documents for processing to the DMV, and complete the
    applicable departmental reports. HPM 70.4 4-24 8(A)
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8
Q
  1. Officers ______ run a driver license status check via CLETS on all DUI offenders before booking. HPM 70.4 4-27 C(1)
A
  1. Officers shall run a driver license status check via CLETS on all DUI offenders before booking. HPM 70.4 4-27 C(1)
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9
Q
  1. In accordance with Area procedures and prior to booking a DUI offender,
    officers ______ attempt to determine if the arrestee has a prior qualifying felony
    conviction. Upon reasonable belief that the arrestee has a qualifying
    conviction, the officer should arrest and book the subject for either Section
    23152/23550.5 or 23153/23550.5 CVC. HPM 70.4 4-29 C(1)
A
  1. In accordance with Area procedures and prior to booking a DUI offender,
    officers should attempt to determine if the arrestee has a prior qualifying felony
    conviction. Upon reasonable belief that the arrestee has a qualifying
    conviction, the officer should arrest and book the subject for either Section
    23152/23550.5 or 23153/23550.5 CVC. HPM 70.4 4-29
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10
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). HPM 70.4 5-3 1(D)

A

Implied consent does not 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). HPM 70.4 5-3 1(D)

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11
Q
  1. The officer _____paraphrase the requirements of Section 23612 CVC, being careful to tell the arrestee they have the choice of submitting to a blood or breath test (urine test, when applicable) or refusing. HPM 70.4 5-4 2(A)(1)
A

The officer may paraphrase the requirements of Section 23612 CVC, being careful to tell the arrestee they have the choice of submitting to a blood or breath test (urine test, when applicable) or refusing. HPM 70.4 5-4 2(A)(1)

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12
Q
  1. In 1998, Senate Bill (SB) 1890 revised Section 23612 CVC regarding Implied
    Consent procedures by eliminating the urine test option for alcohol-only DUI cases except where_____ the breath and blood test are unavailable. HPM 70.4 5-4 3(B)
A

In 1998, Senate Bill (SB) 1890 revised Section 23612 CVC regarding Implied
Consent procedures by eliminating the urine test option for alcohol-only DUI cases
except where both the breath and blood test are unavailable. HPM 70.4 5-4 3(B)

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13
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. HPM 70.4 5-4 6

A

Section 23612(a)(5) CVC 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 the medically qualified person refuses to withdraw the sample.
HPM 70.4 5-4 6

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14
Q

Juveniles fall within the provisions of Section 23612 CVC and may legally
consent to the drawing of blood in compliance with the Implied Consent law
without parental permission. HPM 70.4 5-7 E(2)

A

Juveniles fall within the provisions of Section 23612 CVC and may legally
consent to the drawing of blood in compliance with the Implied Consent law
without parental permission. HPM 70.4 5-7 E(2)

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15
Q

If the arrestee agrees to submit to a chemical test but declines to specify
which one, the officer ____designate a test. HPM 70.4 5-8 F(3)

A

. If the arrestee agrees to submit to a chemical test but declines to specify
which one, the officer will designate a test. HPM 70.4 5-8 F(3)

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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. HPM 70.4 5-14 D(7)

A

Upon request of the person tested, and as soon as practicable, the officer
Shall state the results of the breath test to the subject. HPM 70.4 5-14 D(7)

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17
Q

The level or standard of bodily level or standard of bodily injury _____ be consistent with what customarily meets the felony filing criteria of the Area’s local district attorney’s office. HPM 70.4 5-21 D(3)

A

The level or standard of bodily level or standard of bodily injury must be consistent with what customarily meets the felony filing criteria of the Area’s local district attorney’s office. HPM 70.4 5-21 D(3)

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18
Q

The arrestee______ be admonished that refusal to voluntarily submit to,
or complete, a chemical test of their choice will result in the forcible
withdrawal of a blood sample, and will result in a mandatory license
suspension pursuant to Sections 13353 CVC HPM 70.4 5-24 4(b)

A

The arrestee shall be admonished that refusal to voluntarily submit to,
or complete, a chemical test of their choice will result in the forcible
withdrawal of a blood sample, and will result in a mandatory license
suspension pursuant to Sections 13353 CVC HPM 70.4 5-24 4(b)

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19
Q
  1. Blood samples ____ not be withdrawn from persons who are
    hemophiliacs, or who have a heart condition and are using a prescribed
    anticoagulant HPM 70.4 5-24 H(1)
A

Blood samples SHALL not be withdrawn from persons who are
hemophiliacs, or who have a heart condition and are using a prescribed
anticoagulant HPM 70.4 5-24 H(1)

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20
Q

A person is under the influence if, as a result of drinking or consuming an alcoholic beverage and/or taking a drug, their _____ or _____ 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, 1-3, 2(a)

A

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, 1-3, 2(a)

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21
Q

As opposed to other drugs, the relationship between BAC and _______ is known, predictable, and always progressive (additive). HPM 70.4, 1-3, 3(b)

A

As opposed to other drugs, the relationship between BAC and impairment is known, predictable, and always progressive (additive). HPM 70.4, 1-3, 3(b)

22
Q

In 1967, the CALJIC 971 jury instruction added ________ ________ to the determination of being under the influence. It was this recognition of the importance of “mental” capability for safe driving that led to the adoption of 0.08 percent BAC per se legislation. HPM 70.4, 1-4, 3(b)

A

In 1967, the CALJIC 971 jury instruction added mental impairment to the determination of being under the influence. It was this recognition of the importance of “mental” capability for safe driving that led to the adoption of 0.08 percent BAC per se legislation. HPM 70.4, 1-4, 3(b)

23
Q

To determine if a person is under the influence, an officer must consider the ______ of the circumstances. HPM 70.4, 1-7, 8(c)

A

To determine if a person is under the influence, an officer must consider the totality of the circumstances. HPM 70.4, 1-7, 8(c)

24
Q

Any observations that indicate a person may be _______ ___ _______ must be documented on the CHP 202, Driving Under the Influence Arrest – Investigation Report. HPM 70.4, 1-7, 8(c)

A

Any observations that indicate a person may be under the influence must be documented on the CHP 202, Driving Under the Influence Arrest – Investigation Report. HPM 70.4, 1-7, 8(c)

25
Q

If there was at that time less than ____ percent, by weight, of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of an alcoholic beverage at the time of the alleged offence. HPM 70.4, 1-7, 9(a)

A

If there was at that time less than 0.05 percent, by weight, of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of an alcoholic beverage at the time of the alleged offence. HPM 70.4, 1-7, 9(a)

26
Q

Likewise, an officer is ______ in arresting a subject with a BAC below 0.08 percent if they meet the definition of under the influence. HPM 70.4, 1-8, 9(b)

A

Likewise, an officer is justified in arresting a subject with a BAC below 0.08 percent if they meet the definition of under the influence. HPM 70.4, 1-8, 9(b)

27
Q

All CHP officers shall attend ARIDE training within ____ year(s) after completing their one-year probationary period. HPM 70.4, 2-4, 3(c)(2)

A

All CHP officers shall attend ARIDE training within one year after completing their one-year probationary period. HPM 70.4, 2-4, 3(c)(2)

28
Q

If both parties had ______ ______ of the vehicle as the vehicle was in motion and both drivers are found to be under the influence, both should be taken into custody and charged with DUI. HPM 70.4, 2-4, 4(b)

A

If both parties had physical control of the vehicle as the vehicle was in motion and both drivers are found to be under the influence, both should be taken into custody and charged with DUI. HPM 70.4, 2-4, 4(b)

29
Q

The officer should consider the totality of circumstances before moving the suspect and ensure they do not violate the suspect’s ________ _______. HPM 70.4, 2-5, 5(b)

A

The officer should consider the totality of circumstances before moving the suspect and ensure they do not violate the suspect’s Miranda Rights. HPM 70.4, 2-5, 5(b)

30
Q

If, after contacting the driver, ________ _________ exists that the driver may be DUI, the officer may remove the driver from the hazardous area to a safe location and conduct the FSTs. HPM 70.4, 2-5, 5(b)(2)(b)

A

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

31
Q

The FSTs may be conducted ______ arrest in order to gather additional evidence to support prosecution as FSTs are not considered testimonial in nature (Muniz [1990] 496 U.S. 582, 592; Bejasa [2012] 205 Cal.App.4th 26, 43.) HPM 70.4, 2-6, 5(b)(2)(c)

A

The FSTs may be conducted after arrest in order to gather additional evidence to support prosecution as FSTs are not considered testimonial in nature (Muniz [1990] 496 U.S. 582, 592; Bejasa [2012] 205 Cal.App.4th 26, 43.) HPM 70.4, 2-6, 5(b)(2)(c)

32
Q

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. HPM 70.4, 2-6, 5(c)

A

Officers who complete the CHP 202S shall either attach a copy to their report or incorporate all of their notes recorded on the CHP 202S into the narrative of their report. HPM 70.4, 2-6, 5(c)

33
Q

Due to their scientific validation, Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT), and One Leg Stand (OLS) tests are considered primary SFSTs and should be used __________ ________. HPM 70.4, 2-6, 6

A

Due to their scientific validation, Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT), and One Leg Stand (OLS) tests are considered primary SFSTs and should be used whenever possible. HPM 70.4, 2-6, 6

34
Q

The Finger Count alternate FST is also recommended by _______ as an additional test to assist an officer with a DUI investigation. HPM 70.4, 2-8, 7(d)(1)

A

The Finger Count alternate FST is also recommended by NHTSA as an additional test to assist an officer with a DUI investigation. HPM 70.4, 2-8, 7(d)(1)

35
Q

Instruct the suspect to write the English alphabet on the piece of paper. Also, instruct the suspect to _____ and ______ the paper. HPM 70.4, 2-10, 7(e)(4)(d)

A

Instruct the suspect to write the English alphabet on the piece of paper. Also, instruct the suspect to sign and date the paper. HPM 70.4, 2-10, 7(e)(4)(d)

36
Q

Proper documentation of the suspect’s refusal to cooperate may help establish a consciousness of _____ for the suspect. HPM 70.4, 2-11, 8(a)

A

Proper documentation of the suspect’s refusal to cooperate may help establish a consciousness of guilt for the suspect. HPM 70.4, 2-11, 8(a)

37
Q

Following a detention, FSTs based upon a reasonable suspicion that the driver is under the influence do not violate the ______ Amendment. HPM 70.4, 2-11, 8(b)(1)

A

Following a detention, FSTs based upon a reasonable suspicion that the driver is under the influence do not violate the Fourth Amendment. HPM 70.4, 2-11, 8(b)(1)

38
Q

The administration of an FST is not a functional equivalent of a ________ interrogation. HPM 70.4, 2-11, 8(b)(2)

A

The administration of an FST is not a functional equivalent of a custodial interrogation. HPM 70.4, 2-11, 8(b)(2)

39
Q

Field sobriety tests ______ be administered in all cases except when, in the officer’s opinion, it is impractical (e.g., when a suspect is injured and cannot perform specific FSTs due to their injuries). HPM 70.4, 2-12, 8(b)(3)(a)

A

Field sobriety tests should be administered in all cases except when, in the officer’s opinion, it is impractical (e.g., when a suspect is injured and cannot perform specific FSTs due to their injuries). HPM 70.4, 2-12, 8(b)(3)(a)

40
Q

Except for unusual circumstances, the PAS device ______ be utilized after the administration of primary and/or alternative FSTs. HPM 70.4, 2-12, 9

A

Except for unusual circumstances, the PAS device shall be utilized after the administration of primary and/or alternative FSTs. HPM 70.4, 2-12, 9

41
Q

Welfare and Institutions Code 625.6 prohibits a minor 17-years of age or younger from waving their ________ _____ prior to consulting with legal counsel. HPM 70.4, 2-12, 11

A

Welfare and Institutions Code 625.6 prohibits a minor 17-years of age or younger from waving their Miranda Rights prior to consulting with legal counsel. HPM 70.4, 2-12, 11

42
Q

Whenever possible, a DRE ______ evaluate anyone suspected of being under the influence of drugs. HPM 70.4, 3-3, 1

A

Whenever possible, a DRE should evaluate anyone suspected of being under the influence of drugs. HPM 70.4, 3-3, 1

43
Q

Central nervous system depressants that are taken in combination with alcohol will have an _______ effect on the user. HPM 70.4, 3-3, 2(a)

A

Central nervous system depressants that are taken in combination with alcohol will have an additive effect on the user. HPM 70.4, 3-3, 2(a)

44
Q

The dilated pupils of a CNS stimulant user will have a _____ reaction to light stimuli. HPM 70.4, 3-5, 3(b)(2)

A

The dilated pupils of a CNS stimulant user will have a slow reaction to light stimuli. HPM 70.4, 3-5, 3(b)(2)

45
Q

A ______ test is the preferred test for detecting CNS stimulant influence. HPM 70.4, 3-6, 3(e)

A

A blood test is the preferred test for detecting CNS stimulant influence. HPM 70.4, 3-6, 3(e)

46
Q

Cannabis influence is characterized by the rapid onset and dissipation of observable signs. Persons under the influence of cannabis will usually have ______ pupils and possible rebound dilation, an elevated heartrate above 90 BPM, and bloodshot eyes. HPM 70.4, 3-11, 6(d)

A

Cannabis influence is characterized by the rapid onset and dissipation of observable signs. Persons under the influence of cannabis will usually have dilated pupils and possible rebound dilation, an elevated heartrate above 90 BPM, and bloodshot eyes. HPM 70.4, 3-11, 6(d)

47
Q

Diagnosis of hallucinogen influence is difficult due to the fact the signs closely resemble those of CNS __________. HPM 70.4, 3-14, 7(b)

A

Diagnosis of hallucinogen influence is difficult due to the fact the signs closely resemble those of CNS stimulants. HPM 70.4, 3-14, 7(b)

48
Q

Inhalant influence reports will be very similar to alcohol influence reports because the signs are similar. To solidify the case, photographs should be taken if the abused substance is observed in the suspect’s possession. If an instrument such as a rag or plastic bag has been used to inhale the substance, that article _______ be processed as evidence. HPM 70.4, 3-15, 8(c)

A

Inhalant influence reports will be very similar to alcohol influence reports because the signs are similar. To solidify the case, photographs should be taken if the abused substance is observed in the suspect’s possession. If an instrument such as a rag or plastic bag has been used to inhale the substance, that article should be processed as evidence. HPM 70.4, 3-15, 8(c)

49
Q

A blood test is the preferred test for detecting inhalant influence. The ability to test substances such as toluene and gasoline is dependent on crime laboratory capabilities. In most cases, the crime laboratory ______ ___ ______ what substance to test for. HPM 70.4, 3-16, 8(d)

A

A blood test is the preferred test for detecting inhalant influence. The ability to test substances such as toluene and gasoline is dependent on crime laboratory capabilities. In most cases, the crime laboratory must be advised what substance to test for. HPM 70.4, 3-16, 8(d)

50
Q

Any DRE who has been trained and has access to the DRE Manager software ___ use the software to complete an electronic CHP 202DRE for each evaluation. HPM 70.4, 3-17

A

Any DRE who has been trained and has access to the DRE Manager software shall use the software to complete an electronic CHP 202DRE for each evaluation. HPM 70.4, 3-17

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