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Rowe's updated Flashcards > HPM 70.4 - DUI > Flashcards

HPM 70.4 - DUI Flashcards

1
Q

Presumptive Limit Laws

A

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.

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2
Q

3 Phase process of DUI detection?

A

VPP
1. Vehicle in Motion
2. Personal Contact
3. Pre-Arrest Screening

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3
Q

3 Test Battery

A

HGN
Walk and Turn
One Leg Stand

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4
Q

HGN stimulus position distance?

A

12-15 inches

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5
Q

Distinct Nystagmus at Max Deviation - hold stimulus at extreme position for at least ___ seconds

A

4 seconds

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6
Q

How many validated clues for HGN?

How many do you need?

A

6 clues

Need 4 of the 6

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7
Q

In HGN, if you display at least 4 of the 6 clues, there is a %__ chance the subject is over .10 BAC

A

77% for HGN

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8
Q

How many validated clues for Walk and Turn?

How many do you need?

A

8 clues

Need 2 of the 8

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9
Q

% reliability for Walk and Turn?

How many clues do you need?

A

68% of subjects with 2 of the 8 clues will be over .10 BAC

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10
Q

__% of subjects who exhibit at least ____ out of the ____ clues for One Leg Stand will have a BAC at or above .10%.

A

65%

2 out of the 4 clues

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11
Q

CVC section for driver in a commercial vehicle with BAC of .04% or more

A

23152 (D) VC

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12
Q

CVC section for driver with BAC over .04% while driving when a passenger for hire is a passenger in the vehicle (RIDESHARE)

A

23152 (E)

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13
Q

CVC for driving under influence or any drug

A

23152 (F)

any Freaking drug

and 11550(a) HSC

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14
Q

CVC for driving under combined influence of alcohol AND drug

A

23152 (G)

“Grouped together”

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15
Q

If driver is supposed to have IID installed but does not, what can you cite for?

A

23247(e) VC
and
14601.2 VC

Vehicle may be impounded per 14602.6 a1 VC

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16
Q

DUI Checkpoints - Areas shall submit operational plans to division for approval at least _______ prior to the checkpoint.

A

1 week before

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17
Q

DUI checkpoints - The average time a vehicle spends in the line SHOULD NOT normally exceed _________ minutes.

A

3 mins

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18
Q

DUI checkpoints - areas are required to provide a press release to the media _____ hours prior to the checkpoint

A

48 hours prior

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19
Q

At least ____ warning, signs shall be used when setting up a sobriety checkpoint

A

at least 6 signs

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20
Q

_______ 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.

A

Title 17

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21
Q

PAS results should not differ each other by more than ____%

A

.02 %

2 minutes in between tests

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22
Q

How often are PAS devices required to be checked?

Every ____ calendar days or ____ tests.

A

Every 10 calendar days OR
150 tests

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23
Q

CVC for under 21 year old to have BAC over .01%

A

23136 VC

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24
Q

CVC for person under 21 to have a BAC over .05%

A

23140 VC

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25
Q

A driver may request a DMV hearing within ___ days of the issuance of the DS 367 to show that the suspension is not justified

A

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

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26
Q

Can a juvenile arrested for DUI LEGALLY consent to the drawing of their blood in compliance with Implied Consent?

A

Yes! Without parental permission.

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27
Q

Alcohol is a drug that acts on the ________ nervous system as a _____________

A

Central

Depressant

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28
Q

On average - a person’s BAC will drop by ____ per hour

A

.015

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29
Q

By using the 3 test battery, the reliability rate for identifying drivers with a BAC at of above the legal limit is at least __%

A

90%

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30
Q

How many alternative FSTS are recognized by the Dept?

A

5 alternatives

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31
Q

Equal Tracking : should take approximately ___ seconds from center to left to right and back to center

A

4 seconds

From center to left to right and back to center

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32
Q

Pupil Size : should take _______ seconds

A

4-5 seconds

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33
Q

Lack of Smooth Pursuit : Should take ________ seconds to extreme left and ______ seconds back to center

A

2 seconds
2 seconds

Do for each eye twice

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34
Q

Onset of Nystagmus prior to 45 degrees : Go at speed that would take approximately ____ seconds to reach 45 degree angle

A

4 seconds to reach 45 angle

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35
Q

What is considered to be the most SENSITIVE psychophysical FST?

A

Walk and Turn

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36
Q

Driving under influence of cannabis - CVC?

A

23152(f) VC

Any FFFing drug

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37
Q

a DS 367 shall be completed for every subject arrested for DUI, regardless of their __________

A

BAC

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38
Q

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?

A

DL shall not be taken

Pink copy of DS 367 shall not be served

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39
Q

CVC for a drug ADDICT driving a vehicle

A

23152(c) VC

CCCCCCCCCCCCCan’t drive

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40
Q

Child endangerment charge in a DUI case?

A

273a (b) PC - misdemeanor

273a (a) PC - felony

41
Q

CHP form - Certificate of Release from Custody

A

CHP 103

42
Q

Commercial driver with BAC of 0.01% but less than 0.04%, the officer shall do what?

  1. Issue driver a ________
  2. Advise the driver _______
  3. Note this in their _______
A
  • Issue a 215 for violation of 34506.3 VC - “Failure to comply with CHP regulations. BAC 0.01% or greater. Out of service for 24 hours”
  • Advise driver out of service for 24 hours
  • Note this in their record of duty status (RODS) log book
43
Q

The 0.01% or more BAC in a commercial driver can be determined by

A
  1. Chemical test
  2. PAS test, admission by driver
  3. Submit 202 report explaining circumstances
44
Q

The 0.01% or more BAC in a commercial driver can be determined by

A
  1. Chemical test
  2. PAS test, admission by driver
  3. Submit 202 report explaining circumstances
45
Q

Section ________VC makes it illegal for a person under 21 to have a BAC of 0.01% or greater, as measured by a PAS TEST or other chemical test, to drive a vehicle

A

23136 VC

46
Q

Section _______ VC makes it illegal for a person under 21 who has a BAC of 0.05% or greater to drive a vehicle.

A

23140 VC

47
Q

Section ________ VC makes it illegal for a person on DUI PROBATION to have a BAC of 0.01% or more, as measured by PAS or chemical test

A

23154 VC

48
Q

Per section _________ VC, a person who drives a vehicle is deemed to have given consent to chemical testing for purposes of determining alcoholic content if legally arrested for suspicion of DUI

A

23612 VC

IMPLIED CONSENT

49
Q

Any person under the age of 21 OR on probation for DUI, is deemed to have given their consent to a _______

A

PAS test or chemical test

50
Q

Under 21 - if PAS is refused or PAS results are over 0.01%, driving privilege will be suspended for ____________

A

1-3 years

51
Q

Under 21 - if PAS reading is 0.05% or greater (and not over 0.08%) the officer should _____________

A

Issue a 215 for violation of 23140 VC

52
Q

Under 21 - if PAS reading is between 0.01-0.04%, the officer should ______________-

A

Issue a 215 for violation of 23136 VC

53
Q

Driver on DUI probation - if PAS reading is 0.01% or greater (and not over 0.08%) the officer should ______________

A

Issue a 215 for violation of 23154 VC

54
Q

Officers SHOULD NOT or SHALL NOT cite a under 21 person for both 23136 and 23140?

A

SHALL NOT

55
Q

Tow authority for DUI probation violation?

A

22651 (h)(2) VC

56
Q

Driver on DUI Probation. Over 0.01% but not under influence:

  1. Cite?
  2. Take DL?
  3. DS367?
  4. Order not to drive?
  5. Can driver/vehicle be released to passenger?
  6. Can you store vehicle?
A
  1. SHOULD cite for 23154 VC
  2. SHALL take the DL
  3. SHALL give order not to drive again with alcohol
  4. MAY release driver/vehicle to licensed passenger
  5. MAY store vehicle for 22651(H)(2) VC
57
Q

Bicycle DUI VC is ________

Doesn’t count as a motor vehicle, so refusal of chemical test doest NOT apply

However, 40300.5 (involved in TC) does apply

A

21200.5 VC

Officer shall advise arrestee they are entitled to, but not required, to take a chemical test of breath/blood

Ensure security of bike (take to office, jail, etc)

DO NOT TOW THE BIKE

58
Q

Does implied consent apply to a bike DUI?

A

No

59
Q

Can officers paraphrase implied consent admonishment?

A

Yes

But if it results in refusal, officer is required to read the refusal section verbatim

60
Q

For alcohol only and drug only DUI arrest, urine test is no longer an option UNLESS

A

BOTH breath and blood are unavailable

61
Q

REFUSALS:

  1. If there are no prior DUI convictions within 10 years =
  2. If refusal occurs within 10 years of a DUI conviction =
  3. If refusal occurs within 10 years of 2 ore more DUI’s =
A
  1. one year suspension
  2. 2 year suspension
  3. 3 year suspension
62
Q

Juveniles fall within the provisions of 23612 (Implied Consent) and may legally consent to the drawing of blood WITHOUT __________________

A

Parental permission

63
Q

If parent of juvenile interferes and causes juvenile not to submit to a chemical test:

If juvenile selected blood test, and parents refuse to sign hospital form, can this constitute a refusal under implied consent?

A

Yes, it may.

Unless the juvenile takes another test

64
Q

If juvenile has selected a breath test, is parental permission required?

A

No - and failure to take the test because of parental influence shall be constituted as a refusal under Implied Consent

65
Q

If a DUI arrestee requires medical treatment and is transported to a medical facility, what chemical test choice do they have?

A

Their choice is limited to those tests available at the medical facility

Limited test advisement is on back of DS 367

66
Q

The collection and testing of blood, breath and urine samples to determine alcohol content must comply with ___________

A

Title 17 of CCR

67
Q

Persons afflicted with _____________ are exempt from the blood test requirements.

A

Hemophilia

Also people taking an anticoagulant

68
Q

A minimum of ___ ml of blood will be drawn for a blood test

A

3 ml

69
Q

Blood specimens shall be retained for a minimum period of _____ year(s) from date of collection.

A

1 year

70
Q

If blood test is unavailable for a drug DUI, a suspect shall submit to a _______ test

A

Urine

71
Q

Urine test for alcohol: Void the bladder and then collect sample after ____ minutes

A

20 minutes

For drugs, use first voided sample for the test

72
Q

Urine specimens shall be retained for a period of _____ year(s) from date of collection.

A

1 year

73
Q

Breath samples must be BAC’s within ____% of each other

A

.02%

74
Q

During 15 minutes of observations, are senses other than sight sufficient?

A

Yes

75
Q

VC for Trombetta advisement

A

23614 VC

“breath machines don’t retain a sample of your breath. You can provide another sample that can be later tested, etc”

76
Q

Forced / non-consensual blood draws:

These elements must exist:

  • Shall be obtained pursuant to a valid search warrant signed by magistrate
A
  • Sample must one drawn by a medically qualified person in a REASONABLE and MEDICALLY approved manner
  • The test is incidental to a lawful arrest
  • There is reasonable belief that evidence of alcohol/drugs will be found in the sample

*****The force used is limited to that amount which is reasonable and necessary to obtain the same and is not DISPROPORTIONATE to the need.

77
Q

The ____ test should not be offered as an option in any refusal case.

A

Urine

(unless they are exempt from blood test due to hemophilia or taking anticoagulant)

78
Q

Arresting officer SHOULD or SHALL obtain supervisory approval before the arrestee is physically compelled to submit to a blood draw

A

SHALL

Supervisor SHOULD be present.

79
Q

Chemical test costs - paid for by the __________ in which the arrest is made

A

City / county

80
Q

The _____ amendment protects against self-incrimination

A

5th Amendment

81
Q

The use of excessive force in obtaining a forced-blood drawn will make it __________-

A

Inadmissible (People vs. Kraft)

82
Q

Do officers seize out of state Driver Licenses?

A

No - only California DL’s

83
Q

Admin Per Se license suspension:

A

If chemical tests results are .08% or more, the DL suspension will be for 4 months

OR one year for one or more DUI convictions within 7 years

84
Q

Driver may request a DMV hearing within ____ days of the issuance of the DL suspension order to show that the suspension is not justified

A

within 30 days

Request must be within 10 days of service.

85
Q

Admin Per Se provisions only apply to BAC levels or refusals…. they do not apply to DUI of ________-

A

drugs

86
Q

The DS 367 shall be completed for which DUI arrests?

A

All of them

87
Q

Civil subpoena CHP form?

A

CHP 90

OT duty code is 51

88
Q

Does Title 17 also apply to PAS?

A

Yes

89
Q

PAS samples can’t differ more than _____

A

.02

90
Q

How many minutes in between PAS samples?

A

2 minutes

91
Q

DUI checkpoints must be approved b Division at least how long before the checkpoint?

A

One week prior

92
Q

DUI checkpoint - the average time a vehicle spends in the lane should not normally exceed ___ minutes

A

3 minutes

93
Q

DUI Checkpoint:

If the driver’s only offense is that of 12500aVC, their vehicle SHOULD or SHALL not be impounded

A

SHALL NOT

until the end of the checkpoint

94
Q

CHP 205 - DUI Checkpoint Activity - shall be sent to Division within ___ hours of checkpoint

A

48 hours

95
Q

Specific locations of DUI checkpoints shall not be released sooner than __ hours before the checkpoint starts

A

2 hours before

96
Q

At least ___ warning signs shall be used at DUI checkpoint

A

at least 6

97
Q

202-DRE’s are kept for ______ years

A

4 years

98
Q

If a driver is required to have an IID installed and there is no IID installed in the vehicle, the driver should be cited for violation of these 2 sections:

Car may be impounded per 14602.6(a)(1) VC

A

23247(e) VC

14601.2 VC

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