Flashcards in 70.4 DUI Manual Deck (59)
What is the average amount a person's BAC will drop per hour? about how much of a drink does that equal?
At what level are you presumed to NOT be under the influence (per 23610 VC)?
What shall officers do if they use a CHP 202s?
Shall tape it to a 8 1/2 by 11 piece of paper and attach it to the report.
What are the three standardized field sobriety tests? Shall they be used?
HGN, One leg Stand and Walk and Turn
They should be used as primary FST's whenever possible
FST's ________ be administered in all cases except when, in the _______ opinion, it is impractical.
AdMin Per Se applies to.....?
23152, 23136, 23140, 23154
When does a ds367 or ds367m need to be done?
any 23152 (3) arrest regardless of their BAC.
What is 23152 (d)?
DUI .04 or greater in commercial vehicle
What is 23152 (e)?
What is 23152 (f)?
DUI alcohol/ drug combo
What minor enhancements are there and must you recommend charges?
23572 (a) VC minor under 14 is an enhancement with DUI. It shall be recommended
273 a (b) PC is a misd for any person who puts a minor under 18 in circumstances where they could produce great bodily injuries. It May be recorded to be charged
If you 849 B PC somebody from the hospital, can you arrest them when they are discharged?
All cite and releases shall be checked for what prior to being released?
Warrants through clets and ncic
What shall be done done when you cite and release a DUI suspect?
have them sign 215
the responsible person's name and DL will be entered in the violation section of 215
the booking required box on 214 should be checked and a chp 194 is required.
What form needs to be completed when a suspect is cited and released for DUI? What goes in the report?
CHP 202f (DUI cite and release admonishment) shall be completed and attached to report.
responsible person shall be requested to sign it, if they refuse write "refused" in box (They shouldn't be released if nobody will sign it)
the arrest report shall include that the arrestee was cited and released, the name of responsible party, and where they were released.
What do you do if commercial driver is .01 to .03?
Cite for 34506.3 VC Failure to comply with CHP regulations
put out of service for 24 hrs and note in log book.
What happens if a commercial driver, drives again within 24 hrs after being put out of service for .01 to .03?
a 215 should be issued for 2800 vc (failure to obey lawful order). order them to comply with the out of order service. if they still don't comply, arrest them for 2800 VC per 40303 (f) VC
officer shall submit chp 202
Does implied consent apply to a driver being placed out of service for .01 to .03?
How do you establish the .01 to .03?
Pas test or chemical test if they will take it (not required).
circumstantial evidence, admission by driver of how much they had to drink, odor of alcohol, fst's, etc.
Does admin per se apply to a commercial driver for .04 or greater?
Yes, officer shall place driver out of service for 24hrs, note it log book, then process like normal DUI.
What is section 23136 VC? what is procedure for officer?
zero tolerance for person under 21. 01 or greater via pas or chemical test. If pas is unavailable, officer may request the person to do a chemical test of their pursuant to 23612 VC
Cite for 215 for the infraction and release, and do ds367,m
What is section 23140 VC? What is procedure for officer?
.05 to .07 for person under 21. 05 or greater via pas or chemical test. If pas is unavailable, officer may request the person to do a chemical test of their pursuant to 23612 VC
Cite for 215 for the infraction and release, and do ds367
What is section 23154 VC? What is procedure for officer?
.01 or greater for a person on duo probation. 01 or greater via pas or chemical test. If pas is unavailable, officer may request the person to do a chemical test of their pursuant to 23612 VC
Cite for 215 for the infraction and release and do ds 367
Does 4300.5 apply to 23136VC, 23140 VC, 23154?
NO, they are infractions, they must be committed in your presence.
23154, 23136, and 23140 shall only be enforced when the violations are corroborated by a chemical or pas test? T or F
Can you charge 23140 and 23136?
No, shall not cite for both
How many misd Dui's does it take to get a felony?
3 or more in 10 years
Does implied con set apply to DUI on bike?
No, but they shall be advised they can take a chemical test if they want and if they choose to, we must give them the chance too.
What test's shall be offered after a DUI arrest? what about if it's a combo or drug's only?
Blood or breath.
still offer blood or breath if it's a combo or drug only, but if they choose breath, they must also submit to a blood