HPM 70.4 DUI Manual Flashcards
Area commanders are responsible for determining if the needs of the area dictate requesting a Cite and Release Program for misdemeanor DUI arrestees. What considerations should be given to cite and release program before establishing written guidelines?
a. Extended travel to jail facilities
b. Areas with limited personnel resources or isolated geographic locations.
c. Booking facility refusal
c. Hospitalization
d. All of the above
d. All of the above
a. Extended travel to jail facilities
b. Areas with limited personnel resources or isolated geographic locations.
c. Booking facility refusal
c. Hospitalization
d. All of the above
The Area Commander (Should/ Shall) meet with the district attorney(s) and court(s) regarding criteria for individuals not eligible for release, such as the following: Prior DUI convictions, being under the influence of drugs, Violent or aggressive behavior, and being in danger to himself/ herself or others.
Shall meet
Commanders should ensure that contact is initiated with their local ABC field office to determine appropriate contacts and preferred methods of communication. All of the following are situations that warrant notification to ABC so that they can conduct a follow up investigation following a CHP DUI arrest except:
a. Anytime a minor is arrested for an alcohol related offense
b. anytime officers detect a pattern of individuals involved in alcohol related traffic accidents who identify the same establishment as the location where they were served alcohol.
c. Anytime an impaired driver in a fatal (or other high profile) traffic collision identifies the specific drinking establsihment where they were served alcohol.
d. Anytime a minor is in possession of alcohol and the identity of the establishment where they purchased the alcohol.
e. All of the above
a. Anytime a minor is arrested for an alcohol related offense
b. anytime officers detect a pattern of individuals involved in alcohol related traffic accidents who identify the same establishment as the location where they were served alcohol.
c. Anytime an impaired driver in a fatal (or other high profile) traffic collision identifies the specific drinking establsihment where they were served alcohol.
d. Anytime a minor is in possession of alcohol and the identity of the establishment where they purchased the alcohol.
e. All of the above
The judicially established criteria for maintaining the admissibility of forcible seized blood samples, for the investigation of any crime, focuses on which of the following elements?
a. The sample id drawn by a medically qualified person in a resonable and medically approved manner.
b. The test is incidental to a lawful custodial arrest.
c. There is reasonable belief the evidence of alcohol or drugs will be found in the sample.
d. The force used is limited to that amount which is reasonably and necessary to obtain the sample, and is not disproportionate to the need.
e. All of the above
e. All of the above
a. The sample id drawn by a medically qualified person in a resonable and medically approved manner.
b. The test is incidental to a lawful custodial arrest.
c. There is reasonable belief the evidence of alcohol or drugs will be found in the sample.
d. The force used is limited to that amount which is reasonably and necessary to obtain the sample, and is not disproportionate to the need.
e. All of the above
Which of the following are an Area commanders responsibilities for compliance of a Non-consensual testing program?
a. Ensuring that Area personnel are trained regarding the operation of the program.
b. Monitoring the general effectiveness of the program
c. Reporting operational problems to Division.
d. Reporting quarterly on the program by memorandum to Division no later than the tenth (10th) of the following month for the first year of operation.
e. Submitting the program plan too AC Field.
All but e.
a. Ensuring that Area personnel are trained regarding the operation of the program.
b. Monitoring the general effectiveness of the program
c. Reporting operational problems to Division.
d. Reporting quarterly on the program by memorandum to Division no later than the tenth (10th) of the following month for the first year of operation.
A copy of the breath test results are forwarded to DMV within ______ business days and blood or urine test, the chemical test results shall be forwarded to DMV using the DS367A, Supplement to Officer’s Statement Blood/Urine Test Results, or the Department of justice or county forensics Chemical Test Results certification within _____ Calendar days.
a. 15 and 30
b. 20 and 30
c. 5 and 15
d. 10 and 15
c. 5 and 15
Can an area Commander conduct a checkpoint that does not comply with the operation directives?
a. No
b. Yes
c. Yes, must be coordinated prior to notification requirements
d. Yes, with approval from AC Field
e. Yes, with approval from the Division Commander
d. Yes, with approval from AC Field
Checkpoint sites shall be based on alcohol and drug related traffic collisions experience or on past DUI activity. What statistical data is used to select these locations?
a. SWITRS
b. Support Services Section
c. Area information
d. All of the above
d. All of the above
SFST’s: (2-10)
The three tests battery consists of:
HGN
Walk and turn
One leg stand
WALK AND TURN: (2-17)
Walk and Turn- based on scientific research, the WAT SFST is considered to be the most sensitive Psychophysical test.
T/F
True
PAS DEVICE: (2-21)
Except for unusual circumstances, the PAS device SHALL be the ____ FST given for a subject.
last
COMMERCIAL VEHICLE DUI: (4-15) Section 23152(d) and 23153(d) VC make it unlawful for any person to drive a commercial vehicle with a BAC of \_\_\_ percent or greater.
.04
COMMERCIAL VEHICLE DUI: (4-16)
2. Section 1213.(c) of title 13, CCR, adopted per section 34501 and 35401.15 CVC, requires officers to place operator of a commercial vehicle __________ for a period of 24 hours when a driver is found to have a BAC of .01 or greater. (.01 but less than .04)
OUT OF SERVICE (OOS)
DUI LAWS: (4-19)
Section 23136-
Section 23140
Section 23154 -
Section 23136- under 21 - BAC .01
Section 23140 - under 21 - BAC .05 or greater
Section 23154 - Probation DUI - .01 or greater
DUI- (4-25)
Section 23550 CVC makes a conviction for section 23152CVC punishable as a felony if the offense occurs within ___ years or ____ or more DUI related convictions.
10 years
3 or more
