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CHP Sgt. Study 1/2 > 70.4 DUI Manual > Flashcards

70.4 DUI Manual Flashcards

1
Q

What percent of alcohol passed directly from the stomach into the blood stream?

A

20%, the other 80% enters the small intestine where it is absorbed. (1-2, 4)

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2
Q

95 percent of alcohol consumed is eliminated how?

A

It is eliminated through chemical oxidation in the liver. (1-2, 6)

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3
Q

How much alcohol is eliminated each hour?

A

Approximately .015%. (1-2, 6)

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4
Q

What 3 FST’s are considered the most reliable to determine impairment.

A

Horizontal Gaze Nystagmus, Walk and Turn and One Leg Stand. (2-10, 6a)

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5
Q

What is the most accurate and reliable FST to determine alcohol influence?

A

Horizontal Gaze Nystagmus. (2-12, 3)

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6
Q

While performing the Horizontal Gaze Nystagmus, where should the “stimulus” be placed?

A

Approximately 12-15 inches in front of the nose and slightly above eye level. (2-12, 4a4)

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7
Q

What percentage of the population, while unimpaired, show nystagmus prior to 45 degrees?

A

4%.

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8
Q

What is necessary for an officer to make a numerical correlation between HGN and a specific blood alcohol level?

A

The officer must be able to explain scientific expertise. (very rare). (2-15, i3)

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9
Q

List the drug schedules from the most to the least dangerous.

A

Schedule 1, 2, 3, 4, 5. (3-B-1)

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10
Q

What is the preferred test for CNS depressants?

A

Blood test. (3-2, d)

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11
Q

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

A

Prior DUI conviction, Being under the influence of drugs, violent or aggressive behavior, being a danger to himself or others. (4-10, c1c)

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12
Q

What is required on the CHP 215 when a subject is cite and released?

A

The responsible person’s name and driver’s license number shall be placed in the violations section. (4-12, 3a)

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13
Q

Should the booking required box be checked for a subject that is cite and released?

A

Yes, DUI is a recordable offense. (4-12, 3b)

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14
Q

What is required in the arrest report for a subject that was cite and released?

A

It should state the subject was cite and released, the name of the person released to and where the release took place. (4-13, 7)

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15
Q

Explain Admin Per Se for commercial drivers.

A

If BAC is .01% or greater the driver is placed out of service for 24 hours. PAS test is O.K., implied consent does not apply. .04% or greater is a violation of 23152/3(d) and Implied Consent does apply. Admin Per Se (taking DL etc) only applies if BAC is .08% or greater. (4-14)

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16
Q

What enforcement action is taken when a commercial driver is found to have a BAC of .01% but less than .04%?

A

The driver is to be cited for 34506.3 VC, place out of service for 24 hours and note the out of service on the log book. (4-15, b)

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17
Q

What enforcement action should be taken for a driver that was placed out of service and was stopped again?

A

The driver should be cited for 2800 VC. (4-16, d)

18
Q

What enforcement action should be taken for a driver violating the .01% BAC (Zero Tolerance) law?

A

It is a civil penalty so the DL should be taken and a DS367M should be issued. (4-18, d1a)

19
Q

If a minor driver (under 21) is not suspected of DUI, may implied consent be invoked for zero tolerance if a PAS device is not reasonably available?

A

Only if the driver is suspected of violation 23140 VC, or if the driver is taken into custody for a separate offense or if the driver is involved in a collision and is transported to a medical facility that offers chemical testing. (4-19, 2c)

20
Q

How should violations of Sections 23136/13388 (zero tolerance) be documented on the officer’s CHP 415?

A

In sections 1 and 2 under Category W with a Headquarters code of 011. (4-21, e)

21
Q

When should a minor (under 21) be taken into custody for violations of section 23140 VC?

A

Never, 23140 is an infraction. (4-21, 11a)

22
Q

Does a violation of 23140 apply on private property?

A

No, 40300.5 does not apply to 23140, however, the driver may be cited if involved in a traffic collision and 23140 was a contributing factor in the collision. (4-21, 11b)

23
Q

May implied consent be invoked for a violation of 23140?

A

Yes, 23140 may also be cited when only a PAS test is used. (4-21, 11c)

24
Q

May implied condent be invoked for drivers of bicycles or motorized scooters?

A

No. (4-29, 14a)

25
Q

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

A

It may, unless the juvi takes another test. (5-5, b3a)

26
Q

Is parental permission of a juvi required for a breath or urine test?

A

No. (5-5, b3b)

27
Q

If a subject agrees to take a blood test, but refuses to sign the hospital form, is this considered a refusal?

A

Not if the form contains a waiver of liability against the hospital from civil or criminal actions. (5-6, e2a)

28
Q

What paramedics are excluded from performing blood withdrawals?

A

Employees from any fire department. (5-8, e3)

29
Q

What is the minimum amount of blood that should be collected for blood samples?

A

A minimum of 3 millimeters. (5-8, 4)

30
Q

May a blood test be forcibly obtained for a misdemeanor DUI?

A

Yes, if the Area is on the “enhanced nonconsensual chemical testing” list and as long as both breath and blood tests were available and the arrestee refused both. The urine test did not have to be offered. If for drugs only, the arrestee must have refused to take the blood, breath, and urine test. (5-19, 4ab)

31
Q

What makes a person exempt from the forced blood withdrawals?

A

Persons who are hemophiliacs, or who have heart conditions and are using prescribed anticoagulant. A statement from the arrestee is enough to prevent forced withdrawal.

32
Q

Explain how to respond to what the officer believes to be inappropriate questions during a DMV Hearing.

A

The officer should first object. If overruled the officer should request clarification of the decision (for the record) and if the officer continues to believe it is inappropriate the officer should respectfully request a recess and consult a supervisor. After the hearing the officer shall request a taped copy of the hearing and submit it to the Area commander for resolution. (6-9, h1234)

33
Q

How often shall PAS devices be checked for accuracy?

A

Every 10 days or 150 tests, whichever comes first. (7-2, c2a2)

34
Q

When should operational plans for a DUI checkpoint be completed for approval?

A

They must be submitted to division so they may be approved at least one week prior to the scheduled date. (8-5, 7a)

35
Q

What is the maximum amount of time vehicles should be allowed to be in check point lanes?

A

The average time for vehicles in a lane should not exceed 3 minutes. (8-8, f)

36
Q

How long should the actual screening take?

A

Screening should not take more than 30 seconds. (8-9, 10c)

37
Q

Are press releases required while preparing for a DUI checkpoint?

A

Area’s are required to provide a printed news release to the media 48 hours prior to the checkpoint operation. Specific checkpoint location shall not be released sooner than two hours prior to checkpoint start time. (8-11, 13a1) 3

38
Q

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

A

Nine. (70.4.2.11.4)

39
Q

______ is the preferred chemical test for CNS depressant influence? It will take ______ hour(s) after ingestion before these drugs can be detected.

A

Blood, 1-2 hours. (70.4.3.2.d)

40
Q

The checkpoint coordinator should be of at least the rank of ______ to oversee operations and be available to the media.

A

Lieutenant. (70.4.8.4.b.(3)

CHP Sgt. Study 1/2 (51 decks)

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