DUI

Question 1

An officer ____ make an enforcement stop as soon as reasonable suspicion has been established

Answer 1

Should

Question 2

Hazardous Areas that CHP officers should not be conducting DUI investigations are:

Answer 2

• Front of drinking establishment
• front of subjects residence with gathering of family or friends
• area with history of being source of racial strife and rioting
• within sight of large gathering
• working traffic lane
• between vehicles

Question 3

In order to ensure lawful detention when moving subject, One of the following must occur:

Answer 3

• Attempt to gain subjects consent to move

- evaluate facts present at the time

Question 4

FSTS _____ be conducted after arrest in order to gather additional evidence to support prosecution

Answer 4

May

Question 5

DS 367 or DS 367M _____ be completed for every subject arrested for DUI regardless of BAC

Answer 5

Shall

Question 6

True or false

Section 40300.5 applies to a moped, even if motor is not running

Answer 6

True

Question 7

If minor under ____ years of age is passenger in vehicle of person arrested for DUI, officers SHALL request enhancement of 23572(a)

Answer 7

14

Question 8

Officers may include charge of 273a(b) PC - (child endangerment) when driver is arrested for DUI and person under ____ years of age is passenger

Answer 8

18

Question 9

Officers are justified in entering residence of fleeing suspect to prevent destruction of evidence if have PC to believe all the following conditions exist:

Answer 9

• DUI driver
• DUI is an element of crime being investigated
• driver is at home
• time between crime and arrest is brief enough that evidence of BAC is still present
• BAC is in danger of imminent destruction (dissipation/additional consumption)

Question 10

Court requires Knock and notice and consideration of method of entry or use of force to be commensurate with the _____ of crime committed

Answer 10

Severity

Question 11

Commercial driver SHALL be ordered out of service for 24 hrs if BAC of .01 or more can be determined by:

Answer 11

• Evidentiary chemical test

- circumstantial evidence (PAS, admission of driver of # of drinks, tile of drinks, and signs/symptoms

Question 12

Placing driver out of service does not

Mean vehicle tied up for 24 hrs but May be:

Answer 12

• parked at scene where it can accommodate larger vehicle
• released to company rep or responsible party
• passenger if passenger has not consumed alcohol, properly licensed, and owner/carrier approves

Question 13

When driver has been ordered out of service and stopped again within 24 hours, officer should cite driver for

Answer 13

2800 VC - failure to obey lawful order

Question 14

Legal guardian/parent knowingly permits child under 18 to consume alcohol/ controlled substance at home is guilty of misdemeanor if following occurs:

Answer 14

• result of consumption at home and child or other underage is .05 or greater or under influence of substance
• parent knowingly permits child or underage person to drive after leaving home
• underage person is found to have caused crash

Question 15

21221.5 makes it a ______ for anyone to operate motorized scooter upon hwy while DUI

Answer 15

Misdemeanor

Question 16

Implied consent does not apply to:

Answer 16

• person arrested for attempted DUI

- person arrested for DUI bicycle and DUI motorized scooter

Question 17

The department has determined unavailability should be narrowly defined by statutory exemptions such as:

Answer 17

• person taking anti coagulants for heart condition
• having hemophilia
• test is restricted due to arrestees hospitalization

Question 18

Juveniles fall within provisions of 23612 and ____ legally consent to drawing of blood in compliance with implied consent without parental permission

Answer 18

May

Question 19

If parent of juvenile interferes and directs/causes juvenile not be too submit to chemical tests, following shall apply:

Answer 19

• if juvenile selects blood and parents refuse to sign, May constitute refusal unless juvenile takes another test
• if juvenile selects breath or urine, and failure to take test because of parental influence shall be construed as refusal

Question 20

Blood specimens shall be retained minimum period of ____ year from date of collection

Answer 20

1

Question 21

Only approved urine sample for BAC analysis is sample collected no sooner than ____ minutes after first completely voiding the bladder

Answer 21

20

Question 22

Urine specimens shall be retained for periods of ___ year from date of collection

Answer 22

1

Question 23

23140 violations will only no result in force blood draw when crash results in _____ of person and arrest for felony vehicular manslaughter

Answer 23

Death

Question 24

Score of hearing for admin per se:

Answer 24

Reasonable cause, lawful arrest, chemical test result or refusal, and to determine whether action should be upheld based on preponderance of evidence/lack of

Question 25

Ways of Handling inappropriate or irrelevant questions in admin per se:

Answer 25

- if officer believes exceeds scope should object on basis of relevancy - if over ruled officer should request clarification for overrule - if question still exceeds scope office should request recess and contact supervisor - thereafter, officer shall request taped copy and submit to area commander for resolution

Question 26

CHP 202J logs for PAS shall be retained at area office for _____ years plus the current year from date of last test on log

Answer 26

2

Question 27

Accuracy of PAS is checked every ___ calendar days or ___ tests (whichever comes first)

Answer 27

10 or 150

Question 28

Decision to establish checkpoint, site, and procedures must be established by

Answer 28

Supervisory law enforcement personnel and not by an officer in the field

Question 29

A _____ formula must be used to determine witch vehicles will be stopped

Answer 29

Neutral

Question 30

Division shall approve checkpoint operational plans submitted by concerned area(s) at least ____ week prior to scheduled date(s) of operation

Answer 30

1

Question 31

Operational plans for checkpoints shall be kept on file by area for minimum period of ___ years plus the current year, in event needed for court cases

Answer 31

2

Question 32

Operational plans for checkpoints shall address following:

Answer 32

- date, hours, location - contingency plans, to include identification of alternate location on event safety considerations prevent operation in intended location

Question 33

Checkpoints should normally operate for periods of ____ to _____ hours

Answer 33

4 to 6

Question 34

The average time a vehicle should spend in a lane at a checkpoint should not normally exceed ____ minutes

Answer 34

3

Question 35

Vehicles ____ not be stopped on a discretionary basis

Answer 35

Shall

Question 36

Team leaders are responsible for completing a CHP ____ for each checkpoint conducted

Answer 36

205

Question 37

Copies of a CHP 205 for checkpoints shall be forwarded within ___ hours of conclusion of operation

Answer 37

48

Question 38

Areas are required to provide a printed news release to media ____ hours prior to checkpoint operations

Answer 38

48

Question 39

At least ___ warning signs shall be used when setting up checkpoint

Answer 39

6

Question 40

The mere presence of a drug alone while using preliminary drug screening machine is not ____ cause to arrest for DUI

Answer 40

Sufficient

Question 41

A person can test positive for a drug or combination of drugs during PSD and ___ be under influence

Answer 41

Not

Question 42

The department does not conduct ____ oral guild confirmation testing for drugs

Answer 42

Secondary

Question 43

If collection kit for PDD contains a colored silica package and it is _____ or _____, it was exposed to moisture and shall be discarded

Answer 43

Black or dark green

Question 44

For location based PSD programs, testing must occur within ____ hours from time of collection

Answer 44

4

Question 45

Persons required to have an ignition interlock device should have a restriction printed on their

Answer 45

Driver license

Question 46

If driver is unable to start the vehicle after ____ attempts an officer should examine IID for signs of tampering

Answer 46

3

Question 47

If driver is cited or arrested for tampering with IID device, officer should take IID for evidence only if

Answer 47

Device can be easily removed without damaging vehicle