HPM 70.4 - DUI Flashcards
Presumptive Limit Laws
If under %.05, it shall be presumed that the person was not under the influence of alcool.
If over %.08, it shall be presumed that the person was under the influence.
In between .05 and .08, there is no presumption.
3 Phase process of DUI detection?
VPP
1. Vehicle in Motion
2. Personal Contact
3. Pre-Arrest Screening
3 Test Battery
HGN
Walk and Turn
One Leg Stand
HGN stimulus position distance?
12-15 inches
Distinct Nystagmus at Max Deviation - hold stimulus at extreme position for at least ___ seconds
4 seconds
How many validated clues for HGN?
How many do you need?
6 clues
Need 4 of the 6
In HGN, if you display at least 4 of the 6 clues, there is a %__ chance the subject is over .10 BAC
77% for HGN
How many validated clues for Walk and Turn?
How many do you need?
8 clues
Need 2 of the 8
% reliability for Walk and Turn?
How many clues do you need?
68% of subjects with 2 of the 8 clues will be over .10 BAC
__% of subjects who exhibit at least ____ out of the ____ clues for One Leg Stand will have a BAC at or above .10%.
65%
2 out of the 4 clues
CVC section for driver in a commercial vehicle with BAC of .04% or more
23152 (D) VC
CVC section for driver with BAC over .04% while driving when a passenger for hire is a passenger in the vehicle (RIDESHARE)
23152 (E)
CVC for driving under influence or any drug
23152 (F)
any Freaking drug
and 11550(a) HSC
CVC for driving under combined influence of alcohol AND drug
23152 (G)
“Grouped together”
If driver is supposed to have IID installed but does not, what can you cite for?
23247(e) VC
and
14601.2 VC
Vehicle may be impounded per 14602.6 a1 VC
DUI Checkpoints - Areas shall submit operational plans to division for approval at least _______ prior to the checkpoint.
1 week before
DUI checkpoints - The average time a vehicle spends in the line SHOULD NOT normally exceed _________ minutes.
3 mins
DUI checkpoints - areas are required to provide a press release to the media _____ hours prior to the checkpoint
48 hours prior
At least ____ warning, signs shall be used when setting up a sobriety checkpoint
at least 6 signs
_______ sets fourth requirements which govern forensic alcohol analysis and breath alcohol analysis. It helps increase the possibility that PAS device results will be admissible in court.
Title 17
PAS results should not differ each other by more than ____%
.02 %
2 minutes in between tests
How often are PAS devices required to be checked?
Every ____ calendar days or ____ tests.
Every 10 calendar days OR
150 tests
CVC for under 21 year old to have BAC over .01%
23136 VC
CVC for person under 21 to have a BAC over .05%
23140 VC
A driver may request a DMV hearing within ___ days of the issuance of the DS 367 to show that the suspension is not justified
Within 30 days
However, in order to receive a DMV hearing before the effective date of the suspension, the violator must request a hearing within 10 days of getting this DS 367
Can a juvenile arrested for DUI LEGALLY consent to the drawing of their blood in compliance with Implied Consent?
Yes! Without parental permission.
Alcohol is a drug that acts on the ________ nervous system as a _____________
Central
Depressant
On average - a person’s BAC will drop by ____ per hour
.015
By using the 3 test battery, the reliability rate for identifying drivers with a BAC at of above the legal limit is at least __%
90%
How many alternative FSTS are recognized by the Dept?
5 alternatives
Equal Tracking : should take approximately ___ seconds from center to left to right and back to center
4 seconds
From center to left to right and back to center
Pupil Size : should take _______ seconds
4-5 seconds
Lack of Smooth Pursuit : Should take ________ seconds to extreme left and ______ seconds back to center
2 seconds
2 seconds
Do for each eye twice
Onset of Nystagmus prior to 45 degrees : Go at speed that would take approximately ____ seconds to reach 45 degree angle
4 seconds to reach 45 angle
What is considered to be the most SENSITIVE psychophysical FST?
Walk and Turn
Driving under influence of cannabis - CVC?
23152(f) VC
Any FFFing drug
a DS 367 shall be completed for every subject arrested for DUI, regardless of their __________
BAC
When subject is arrested for alcohol and/or drug related DUI and Admin Per Se action is not applicable (BAC under .08)
Should DL be taken?
Should pink copy of DS be issued?
DL shall not be taken
Pink copy of DS 367 shall not be served
CVC for a drug ADDICT driving a vehicle
23152(c) VC
CCCCCCCCCCCCCan’t drive