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
When do you offer them a urine test?
only when both breath and blood are unavailable
the arrestee suffers from hemophilia
the arrestee uses an anticoagulant for a heart condition
Do juveniles fall within the provision's of 23612 (implied consent) without the permission of a parent?
YEs, no parental permission needed
What if a parent refuses to sign a hospital release allowing a blood test?
If they won't take a breath test, it's considered a refusal
When would 23612 VC (implied consent) not apply to a suspect who refuses to sign a medical release for a blood draw at a hospital?
If the waiver contains liability wavier from civil or criminal action stemming from their actions.
However, it does not preclude the test at another facility
Who is exempt from a blood test? What proof is required?
A person with hemophilia and person afflicted with a heart condition and using a anticoagulant
there word is proof enough
How long shall blood and urine specimens be retained?
What needs to happen before a urine same can be taken?
the bladder must be voided at least 20 minutes before the test
What needs to happen before a breath test can be takeN?
at least 15 minute observation to make sure there they didn't vomit, eat, drink, or smoke
If a subject refuses a blood test, must a urine test be offered before forcing blood? What if it is a combo, and they give a breath
They still must take a blood test (unless they meet the exempt requirement)
When would a a forced blood draw apply to 23140 VC?
Only when there was a t/c that resulted in a death and and the person was going to be charged with 191.5 pc (Felony manslaughter)
What sections does forced blood apply too?
23152, 23153, 23152/23550, 23152/23550.5 and or/ 191.5 (23140 w/ 191.5 pc)
Should or shall the supervisor permission be requested before a forced blood draw (NTP)? Must they be present?
Shall be approved, and the should be present?
Can a forced blood draw be done without a warrant?
It shouldn't unless it's impossible due to exigent circumstances. if it's not obtained the area must ensure a good faith effort was made to obtain one and its attempts were documented in the arrest report.
When do you take someone's license under admin per se?
dui .08 or greater, dui .04 or greater for commercial, or refusal of 23152, 23153, 23140, under 21 with bac of .01 or greater, or dui probation with bad of .01 or greater, or under 21 and refused a pas test while suspected of having a BAc of .01 or greater. Aps only applies to bac levels and refusals. they do not apply to due of drugs.
Does an officer have to tell a person over 21 they are not required to take a pas test?
Shall tell them, doesn't apply to under 21 who are suspected of violating zero tolerance.
How often shall a pas device be checked?
every 10 days or 150 tests, whatever is first
how long do the pas CHP 202J logs need to be retained for?
two years plus the current from the last test on the log
How long before a DUI checkpoint shall the ops plan be submitted to division for approval?
at least one week prior
How long shall ops plans be kept on file by the area?
minimum of two years plugs the current calendar year.
What uniform item is required for DUI checkpoints?
what is the team leader of a dui checkpoint required to report after the operation?
# of cars that went through checkpoint
# of arrests
and problems encountered
How long is the average time a vehicle should be spend a dui checkpoint?
should not exceed 3 minutes
how long should the screening be for each car in the dui checkpoint?
should to take more than 30 seconds
verbals should be given for of what at DUI check points?
mechanical violations, unless immediate safety hazard
A car can't be towed at a dui checkpoint for 14602.6 for what violations?
12500 a VC.
every reasonable attempt should be made to release the car. if it has to be towed for 22551 p, the attempts to release it should be documented on 180. This only applies to 12500 a vc, not driving while suspended.
What form is required after a dui check point by a team leader. what time frame?
CHP 205 shall be sent to division and RPS within 48 hrs.
what is the time frame that the DUI operation shall be announced to the media?
48 hrs prior to op
specific checkpoint locations shall not be released sooner than 2 hours
What shall area try to obtain in regards to the dui checkpoints? where shall they be kept?
Any copies of articles publicizing the checkpoint. they shall be filed with the op's plan.
How many warning signs are required, and what must they say?
at least 6.
Two (sobriety/driver license checkpoint ahead)
one (sobriety/driver license checkpoint)
one (Stop ahead)
one (left/right lane closed ahead)