HPM 70.4

Question 1

As a result of testing performed by the Department of Justice, it has been determined the solution may be sampled up to___________________, whichever is less.

Answer 1

50 times or a maximum of four weeks

Question 2

The PAS devices shall be checked for accuracy every _________, whichever occurs first, and calibrated when the accuracy check indicates calibration is required.

Answer 2

ten calendar days or 150 tests

Question 3

The logs shall be retained at the Area office for __________________, from the date of the last test on the log

Answer 3

two years plus the current year

Question 4

All persons, 21 years of age or older, subject to a PAS device test _____ be admonished prior to the test. The officer shall either read verbatim or informally admonish

Answer 4

shall

Question 5

This admonishment __________ apply to zero tolerance violations

Answer 5

does not

Question 6

Tobacco smoke _____ be blown into any PAS device. The smoke will damage the fuel cell.

Answer 6

shall not

Question 7

Team members___ be in full uniform, including campaign hats, at all times while in public view.

Answer 7

shall

Question 8

The average time a vehicle spends in the lane should not normally exceed____ minutes.

Answer 8

three

Question 9

Team leaders should attempt to assign at least ____ officer as an observer on the passenger side of the lane (personnel permitting) to check on all vehicle occupants in the vehicles being stopped for screening.

Answer 9

one

Question 10

Team leaders are responsible for completing a ___ for each checkpoint conducted.

Answer 10

CHP 205

Question 11

At least ____ warning signs shall be used when setting up a sobriety checkpoint:

Answer 11

six

Question 12

For misdemeanor BUI-related violations, information (verbal or otherwise) obtained from a “commissioned, warrant, or petty officer” of the USCG who _____ observed the offense may provide the “sole basis for establishing the necessary reasonable cause” to make an arrest

Answer 12

directly

Question 13

(c) Officers shall only take blood from an unconscious BUI offender ___ they secure a valid search warrant in accordance with local procedures.

Answer 13

after

Question 14

Implied consent does not apply to:

Answer 14

(1) Persons arrested for attempted DUI (Section 664 Penal Code [PC]/Section 23152 CVC).
(2) Persons arrested for Section 21200.5 CVC (DUI Bicycle) or Section 21221.5 CVC (DUI Motorized Scooter).

Question 15

b. In 1998, Senate Bill (SB) 1890 revised Section 23612 CVC regarding Implied Consent procedures by eliminating the urine test option for alcohol-only DUI cases except where the breath and blood test are unavailable.

Answer 15

both

Question 16

The courts ruled that in order to make a lawful warrantless entry for a misdemeanor or felony DUI arrest in a residence, an officer must have probable cause to believe all the following conditions exist:

Answer 16

(1) The driver is under the influence.
(2) Driving under the influence is an element of the crime being investigated.
(3) The driver is at home.
(4) The time between the crime and arrest is brief enough that evidence of the blood alcohol level is still present.
(5) The blood alcohol evidence is in danger of imminent destruction (by dissipation or additional consumption).

Question 17

The judicially established criteria for maintaining the admissibility of forcibly seized blood samples, for the investigation of any crime, focuses on the following elements:

Answer 17

(a) The sample is drawn by a medically qualified person in a reasonable and medically approved manner.
(b) The test is incidental to a lawful custodial arrest.
(c) There is a reasonable belief that evidence of alcohol or drugs will be found in the sample.
(d) The force used is limited to that amount which is reasonable and necessary to obtain the sample, and is not disproportionate to the need.