HPM 70.4 - DUI Enforcement Manual

Question 1

For a violation of section 23136 VC (under 21 .01 BAC or higher), what documentation is an officer required to complete?

Answer 1

1. Take possession of CDL
2. complete a DS 367 or DS 367M officers statement
3. CHP 215

Question 2

Does an officer complete a CHP 215 for a violation of 23136 VC?

Answer 2

Yes

Should

Question 3

Are suspects arrested for DUI on a bicycle (21200.5 VC) required to take a chemical test?

Answer 3

No

Question 4

What suspects are exempt from taking forcible blood withdrawals

Answer 4

Hemophiliacs, persons with heart conditions and persons taking anticoagulants.

Question 5

How often should PAS devices be calibrated?

Answer 5

Every 10 calendar days or 150 tests (whichever comes first)

Question 6

If a suspect is going to be cited and released for a DUI, what should the suspect and responsible person be admonished of?

Answer 6

The arrestee is not to drive a motor vehicle until he/she is no longer under the influence, or they may again be subject to arrest. The arrestee is responsible for his/her own actions, and the arrestee is being released to the responsible party.

Question 7

The DUI checkpoint team leader should at a minimum be the rank of a ____________.

Answer 7

Sergeant

Commander may allow OIC

Question 8

What are some conditions that prevent a subject from being eligible for the “cite and release” program.

Answer 8

1. Prior DUI conviction,
2. Being under the influence of drugs,
3. violent or aggressive behavior,
4. being a danger to himself or others.

Question 9

If a juvenile agrees to take a blood test and the parent refuses to sign the hospital form, does this constitute a refusal?

Answer 9

It may unless the juvi takes another test.

Question 10

I parental permission required for a juvenile to take a breath or urine test?

Answer 10

No

Question 11

Are press released required for DUI checkpoints?

____ hours notice is required.

Answer 11

48 hours prior. Specific checkpoint location shall not be released sooner than two hours prior to the checkpoint start time.

Question 12

Including the PAS test, the Department utilizes ______ FST’s for determination of sobriety?

Answer 12

9

Question 13

When should operational plans for DUI checkpoints be submitted for approval and to whom?

Answer 13

To division one week before scheduled date.