HPM 70.4 DUI

Question 1

To cite and release, what information shall you admonish the arrestee with?

Answer 1

The arresting officer shall admonish the arrestee and the responsible person of the following information:
(a) The arrestee has been arrested for DUI.
(b) The arrestee is not to drive a motor vehicle until they are no
longer under the influence, or they may again be subject to arrest.
(c) The arrestee is responsible for their own actions.
(d) The arrestee is being released to the responsible person.
(6) The responsible person shall be requested to sign a CHP 202F, Driving Under the Influence Cite and Release Admonishment. If the responsible person refuses to sign the form, write “refused” in the signature box. The form shall be retained and attached to the DUI report.
(7) The arrested person should be booked whenever a responsible person is not willing to sign the admonishment form.

Question 2

Alcohol-Only Driving Under the Influence. If arrested for alcohol-only DUI and the breath test is unavailable, a nonconsensual blood test may be administered, pursuant to a valid search warrant or exigent circumstances, when the arrestee refused to submit to a breath or blood test. The urine test ______ be offered

Answer 2

need not

Question 3

Drug-Related Driving Under the Influence. If arrested for drug-related DUI, a nonconsensual blood withdrawal may be administered where the arrestee refused to submit to a breath or blood test. If the arrestee elects a breath test, they must subsequently submit to a blood test. If they refuse to provide a blood sample, a nonconsensual blood test may be administered pursuant to a valid search warrant or exigent circumstances. The urine test ______ be offered.

Answer 3

should not

Question 4

The Department ________, when possible, in the NTP when an arrestee refuses to willingly provide a sample of their breath or blood (or urine in those cases which provide
HPM 70.4 5-20

medical justification) as required by law. Areas shall seek approval from their local district/city attorney and ACF prior to participating in NTP.

Answer 4

shall participate

Question 5

Nonconsensual Testing Program Procedures. Arrestees who refuse to voluntarily submit to a chemical test will be physically compelled to submit to a blood draw only after all the following procedural guidelines have been met:

Answer 5

(1) A chemical test is essential to the prosecution of a criminal case.
(2) The use of alcoholic beverages and/or drugs, as defined in
Sections 109 and 312 CVC, is suspected.
(3) The individual has been placed under arrest for any of the following violations: Sections 23140, 23152, 23152/23550, 23152/23550.5, or 23153 CVC, and/or Section 191.5(a), 191.5(b), or 192.5(a) PC.
NOTE: Section 23140 CVC violations will only result in a forcible blood draw when a traffic collision results in the death of a person and an arrest for felony vehicular manslaughter (Section 191.5 PC).
(4) The person arrested has been given the opportunity to submit to a chemical test of their choice, as directed by law and as provided in this chapter.
(a) The arresting officer shall read verbatim the formal admonishment located on the back of the first page (Officer’s Statement) of the DS 367 or DS 367M and the arrestee shall have refused to submit to a chemical test.
(b) 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 (implied consent) and 13353.2 CVC (Administrative Per Se).
(5)
arrestee’s blood pursuant to Section 1524 PC. If obtaining a search warrant becomes impossible due to exigent circumstances (beyond the mere dissipation of evidence in the blood), all efforts made to obtain a search warrant shall be documented in the arrest report.
NOTE: It is paramount the Area attempt to obtain a search warrant in all NTP cases. If a search warrant is not obtained, the court will weigh the legality of each nonconsensual test on a case by case basis. If a search warrant cannot be obtained, the Area must ensure a good faith effort was made and all attempts were documented in the arrest report.
(6) The arresting officer shall obtain supervisory approval prior to the arrestee being physically compelled to submit to a blood draw. The approving supervisor, if readily available, should be present during the procedure. The supervisor shall ensure the conditions outlined in this chapter are complied with. Participating officers and supervisors shall also ensure that no more
5-23 HPM 70.4
A valid signed search warrant is obtained authorizing the seizure of the
force or restraint than reasonably necessary is used to accomplish the procedure.
(7) The medically qualified person extracting the blood must consent to the procedure, notwithstanding the arrestee’s refusal or resistance. The sample shall be obtained in a reasonable and medically approved manner.
(8) The Chemical Test Refusal section located on the back of the first page of the DS 367 or DS 367M shall be completed. Refer to paragraph 3.g. of this chapter (Refusal of Chemical Tests) and Chapter 6 for additional information.
(9) A statement shall be made in the arrest report that it became necessary to forcibly remove a blood sample from the subject. The procedure used shall be articulated in the report (e.g., how the subject was secured, resistance [if any], amount of force used [if any], location from which sample was taken).

Question 6

Blood samples ______ be withdrawn from persons who are hemophiliacs, or who have a heart condition and are using a prescribed anticoagulant (Section 23612 CVC).
(2) A statement by an arrestee indicating they are subject to one of these medical conditions is sufficient for the officer to assume that the subject qualifies for exemption. It is recommended that officers make this determination early in the arrest procedure, to assist with determining which chemical tests are applicable to the subject.

Answer 6

shall not

Question 7

Commanders _____ accept responsibility for costs incurred for laboratory analysis or services related to such testing as a result of drug or DUI arrests. The county and/or city in which the arrest is made is liable for these costs.

Answer 7

shall not

Question 8

For each fine collected for each conviction of a violation of Section 23152 or 23153 CVC, _____ will be put in an account to be used exclusively for paying county or city costs for blood-alcohol and analysis or services related to such testing. This section also provides that if the account becomes exhausted, the public entity ordering a test performed shall bear the costs of the test. Based upon Sections 1463(c) and 1463(e) PC discussed below, the Department is never financially responsible for blood alcohol analysis or services, regardless of the solvency of the account.

Answer 8

$50

Question 9

Section 23140 CVC violations will only result in a forcible blood draw when a traffic collision results in the death of a person and an arrest for felony vehicular manslaughter (Section 191.5 PC).

Answer 9

true

Question 10

APS provisions ____ to BAC levels or refusals; they do not apply to DUI of drugs.

Answer 10

only apply

Question 11

The Area commander shall ensure that the original DS 367 or DS 367M Officer’s Statement page, DMV’s copy (white) of the DS 367 or DS 367M Administrative Per Se Suspension/Revocation and Temporary Driver License, the violator’s California driver license (if available), and a copy of the breath test results are forwarded to DMV within _________.

Answer 11

five business days

Question 12

hemical test results are forwarded to DMV within

15 calendar days.

Answer 12

true

Question 13

(1) The arresting officer ____ advise the violator that his/her driver license will be confiscated and that he/she will be issued a temporary driver license endorsement.
(2) The violator should be told to call the telephone number listed on the pink copy of the DS 367 or DS 367M if he/she has any questions regarding the APS action.

Answer 13

shall

Question 14

Request for a Hearing. The violator may request a hearing within 30 days of receipt of the APS Suspension/Revocation Order to show that the suspension or revocation is not justified. In order to receive an APS hearing before the effective date of the action, the violator must request a hearing within ______ of the date of service.

Answer 14

ten days

Question 15

The DS 501 is used by DMV when subpoenaing an officer for a hearing. This form is used by both DMV and the defendant. Therefore, it is incumbent upon the supervisor accepting the subpoena to ensure which entity is serving the subpoena. This can be accomplished by verifying the “on behalf of” section of the form. If the subpoena is being served by DMV, it will be documented as such in the “on behalf of” section. If the subpoena is served by the defendant, it will be so documented.

Answer 15

true

Question 16

The Department is reimbursed for an officer’s time spent at a DMV hearing only when subpoenaed by the defendant in the case. A witness fee of ____ must be deposited at the appropriate CHP office for each officer’s appearance (refer to HPM 11.1, Administrative Procedures Manual, Chapter 10 for specific details). In addition, an officer shall complete a CHP 90, Report of Court Appearance - Civil Action, when subpoenaed by the defendant. The officer shall record his/her time on the CHP 415, Daily Field Record, in Section One (Activity Time Summary, Court). If overtime is accrued, this time shall also be recorded in Section Four (Overtime), using the Overtime Duty Code of 51.

Answer 16

$150

Question 17

The Department is ______ for an officer’s time when DMV is the subpoenaing authority. The Department shall accept subpoenas from DMV and will absorb any costs associated with these hearings. A CHP 90 is not required for these subpoenas.

Answer 17

not reimbursed

Question 18

(1) Should an officer believe a particular question or line of questioning has exceeded the scope of the hearing, he/she should “object” to the question “on the record” on the basis of “relevancy.”
(2) If the hearing officer “overrules” the objection and the officer still believes the question(s) are inappropriate or irrelevant, the officer should respectfully request the hearing officer provide “clarification” of his/her decision to overrule “for the record.”
(3) If after the hearing officer’s explanation or ruling the officer continues to believe the question is inappropriate, the officer should respectfully _______. During the recess, officers should contact an Area supervisor for further guidance. In turn, Area supervisors may contact Research and Planning Section (RPS) (916-657-7237) and/or the Office of Legal Affairs (916- 843-3110) for clarification.
(4) Thereafter, officers shall request a taped copy of the hearing and submit the tape to their Area command for resolution. If an Area is unable to resolve the issue at their level, a copy of the tape and a memorandum describing the circumstances surrounding the APS hearing and subsequent efforts to resolve the matter should be forwarded to RPS through appropriate channels.

Answer 18

request a recess

Question 19

(1) The pink copy of the DS 367 or DS 367M serves as the _______. It is subject to the same class(es) and all the restrictions as on the violator’s permanent license.
(2) The temporary driver license is valid for 30 days from date of issuance (arrest), at which time the Suspension/Revocation Order takes effect and the
violator’s driving privilege is suspended. Unless the order is set-aside by the automatic administrative review, the offender will not receive a subsequent notice of the suspension.

Answer 19

temporary driver license endorsement

Question 20

2 The accuracy of the PAS device is checked every ______________ (whichever comes first) by the Area/Division PAS coordinator.
3 A diagnostic check was performed prior to testing to ensure there was no residual alcohol in the fuel cell (also referred to as “zero setting”). This check occurs automatically when the device is activated and a sample cannot be obtained if residual alcohol is detected.

Answer 20

ten calendar days or 150 tests

Question 21

The preliminary alcohol screening section of the CHP 202, DUI Arrest – Investigation Report, page 2, shall be completed every time a PAS device is used and the subject has been arrested.
(1) Reports ____ be reviewed by a supervisor for completeness and accuracy.

Answer 21

shall

Question 22

Preliminary Alcohol Screening Device Out/In Usage Log (CHP 202J). A CHP 202J, PAS Device Out/In Usage Log, shall be completed whenever a PAS device is checked out or in. The number of tests performed with the device shall be recorded on the CHP 202J, PAS Device Out/In Usage Log. Operators shall note any non-resolvable operational problems experienced with the device.

(1) The Area PAS coordinator is responsible for reviewing the report to determine if a device is subject to calibration or repair.
(2) The logs shall be retained at the Area office for _____ plus the current year, from the date of the last test on the log.

Answer 22

two years

Question 23

HPM 70.4

(1) The decision to establish a sobriety checkpoint, the selection of the site, and the procedures for the checkpoint operation ___ be established by supervisory law enforcement personnel, and not by an officer in the field.
(2) A neutral formula must be used to determine which vehicles are to be stopped, such as every third, fifth, or tenth driver, so that who is stopped is not left to the discretion of the officer in the field.
(3) Primary consideration must be given to maintaining safety for motorists and officers with proper lighting, warning signs, and clearly identifiable official vehicles and personnel.

Answer 23

must

Question 24

California Vehicle Code (CVC) Section 2814.2 requires the driver of a motor vehicle to stop and submit to a sobriety checkpoint inspection when signs and displays are posted.

Answer 24

true

Question 25

_______ shall approve checkpoint operational plans submitted by the concerned Area(s) at least one week prior to the scheduled date(s) of operation.

Answer 25

The division

Question 26

If a situation arises wherein an Area commander decides to conduct a checkpoint which does not comply with the operational directives, prior approval must be obtained from ____.

Answer 26

ACF

Question 27

Divisions shall advise ACF and Impaired Driving Section (IDS) of the dates, times, and locations of checkpoints. This will be accomplished at least ___ hours in advance of the operation by Communications Network message or e-mail.

Answer 27

48

Question 28

Operational plans shall be kept on file by the Area for a minimum period of ___ years plus the current year, in the event they are needed for court cases.

Answer 28

two

Question 29

The method for determining when to change screening procedures, and the procedures themselves must be listed in detail in the operational plan and shall not be deviated from by team members.

Answer 29

For example- during peak hours the number of cars stopped could be 1 in 10, vs during slow times 1 in 3.

Question 30

Team members ____ be in full uniform, including campaign hats, at all times while in public view

Answer 30

shall

Question 31

Sobriety/driver license checkpoint teams should normally operate for periods of ________. The team leader may discontinue operations at any time for safety reasons.

Answer 31

four to six hours

Question 32

The average time a vehicle spends in the lane should not normally exceed ________

Answer 32

three minutes

Question 33

Optimally, screening should not take more than _____________

Answer 33

30 seconds.

Question 34

Pursuant to Section 2814.2 CVC, a vehicle shall not be impounded at a sobriety checkpoint for Section 14602.6 CVC if the driver’s only offense is a violation of Section 12500 CVC. If an officer contacts a driver in violation of Section 12500(a) CVC during a checkpoint, the following provisions will apply:

(1) The officer shall make a reasonable attempt to identify the registered owner of the vehicle.
(2) The vehicle shall be released to the registered owner, provided they are a licensed driver, or to any licensed driver authorized by the registered owner to take possession of the vehicle. The registered owner, or their authorized agent, has until the end of the checkpoint to remove the vehicle.
(3) If a vehicle cannot be released by the end of the checkpoint, it may be parked and locked in a secure location if a validly licensed driver cannot be located, or the vehicle may be removed pursuant to Section 22651(p) CVC.
(4) If a citation is issued for Section 12500(a) CVC, and the vehicle is released to either a licensed registered owner, or a licensed agent of the registered owner, the officer shall document the name and license number

Answer 34

true

Question 35

Missouri vs mcneely means what for forced blood draw?

Answer 35

dui probation warrant not needed for forced blood refusals