HPM 70.4 - DUI Flashcards
1
Q
Presumptive Limit Laws
A
If under %.05, it shall be presumed that the person was not under the influence of alcool.
If over %.08, it shall be presumed that the person was under the influence.
In between .05 and .08, there is no presumption.
2
Q
3 Phase process of DUI detection?
A
VPP
1. Vehicle in Motion
2. Personal Contact
3. Pre-Arrest Screening
3
Q
3 Test Battery
A
HGN
Walk and Turn
One Leg Stand
4
Q
HGN stimulus position distance?
A
12-15 inches
5
Q
Distinct Nystagmus at Max Deviation - hold stimulus at extreme position for at least ___ seconds
A
4 seconds
6
Q
How many validated clues for HGN?
How many do you need?
A
6 clues
Need 4 of the 6
7
Q
In HGN, if you display at least 4 of the 6 clues, there is a %__ chance the subject is over .10 BAC
A
77% for HGN
8
Q
How many validated clues for Walk and Turn?
How many do you need?
A
8 clues
Need 2 of the 8
9
Q
% reliability for Walk and Turn?
How many clues do you need?
A
68% of subjects with 2 of the 8 clues will be over .10 BAC
10
Q
__% of subjects who exhibit at least ____ out of the ____ clues for One Leg Stand will have a BAC at or above .10%.
A
65%
2 out of the 4 clues
11
Q
CVC section for driver in a commercial vehicle with BAC of .04% or more
A
23152 (D) VC
12
Q
CVC section for driver with BAC over .04% while driving when a passenger for hire is a passenger in the vehicle (RIDESHARE)
A
23152 (E)
13
Q
CVC for driving under influence or any drug
A
23152 (F)
any Freaking drug
and 11550(a) HSC
14
Q
CVC for driving under combined influence of alcohol AND drug
A
23152 (G)
“Grouped together”
15
Q
If driver is supposed to have IID installed but does not, what can you cite for?
A
23247(e) VC
and
14601.2 VC
Vehicle may be impounded per 14602.6 a1 VC
16
Q
DUI Checkpoints - Areas shall submit operational plans to division for approval at least _______ prior to the checkpoint.
A
1 week before
17
Q
DUI checkpoints - The average time a vehicle spends in the line SHOULD NOT normally exceed _________ minutes.
A
3 mins
18
Q
DUI checkpoints - areas are required to provide a press release to the media _____ hours prior to the checkpoint
A
48 hours prior
19
Q
At least ____ warning, signs shall be used when setting up a sobriety checkpoint
A
at least 6 signs
20
Q
_______ sets fourth requirements which govern forensic alcohol analysis and breath alcohol analysis. It helps increase the possibility that PAS device results will be admissible in court.
A
Title 17
21
Q
PAS results should not differ each other by more than ____%
A
.02 %
2 minutes in between tests
22
Q
How often are PAS devices required to be checked?
Every ____ calendar days or ____ tests.
A
Every 10 calendar days OR
150 tests
23
Q
CVC for under 21 year old to have BAC over .01%
A
23136 VC
24
Q
CVC for person under 21 to have a BAC over .05%
A
23140 VC
25
A driver may request a DMV hearing within ___ days of the issuance of the DS 367 to show that the suspension is not justified
Within 30 days
However, in order to receive a DMV hearing before the effective date of the suspension, the violator must request a hearing within 10 days of getting this DS 367
26
Can a juvenile arrested for DUI LEGALLY consent to the drawing of their blood in compliance with Implied Consent?
Yes! Without parental permission.
27
Alcohol is a drug that acts on the ________ nervous system as a _____________
Central
Depressant
28
On average - a person's BAC will drop by ____ per hour
.015
29
By using the 3 test battery, the reliability rate for identifying drivers with a BAC at of above the legal limit is at least __%
90%
30
How many alternative FSTS are recognized by the Dept?
5 alternatives
31
Equal Tracking : should take approximately ___ seconds from center to left to right and back to center
4 seconds
From center to left to right and back to center
32
Pupil Size : should take _______ seconds
4-5 seconds
33
Lack of Smooth Pursuit : Should take ________ seconds to extreme left and ______ seconds back to center
2 seconds
2 seconds
Do for each eye twice
34
Onset of Nystagmus prior to 45 degrees : Go at speed that would take approximately ____ seconds to reach 45 degree angle
4 seconds to reach 45 angle
35
What is considered to be the most SENSITIVE psychophysical FST?
Walk and Turn
36
Driving under influence of cannabis - CVC?
23152(f) VC
Any FFFing drug
37
a DS 367 shall be completed for every subject arrested for DUI, regardless of their __________
BAC
38
When subject is arrested for alcohol and/or drug related DUI and Admin Per Se action is not applicable (BAC under .08)
Should DL be taken?
Should pink copy of DS be issued?
DL shall not be taken
Pink copy of DS 367 shall not be served
39
CVC for a drug ADDICT driving a vehicle
23152(c) VC
CCCCCCCCCCCCCan't drive
40
Child endangerment charge in a DUI case?
273a (b) PC - misdemeanor
273a (a) PC - felony
41
CHP form - Certificate of Release from Custody
CHP 103
42
Commercial driver with BAC of 0.01% but less than 0.04%, the officer shall do what?
1. Issue driver a ________
2. Advise the driver _______
3. Note this in their _______
- Issue a 215 for violation of 34506.3 VC - "Failure to comply with CHP regulations. BAC 0.01% or greater. Out of service for 24 hours"
- Advise driver out of service for 24 hours
- Note this in their record of duty status (RODS) log book
43
The 0.01% or more BAC in a commercial driver can be determined by
1. Chemical test
2. PAS test, admission by driver
3. Submit 202 report explaining circumstances
44
The 0.01% or more BAC in a commercial driver can be determined by
1. Chemical test
2. PAS test, admission by driver
3. Submit 202 report explaining circumstances
45
Section ________VC makes it illegal for a person under 21 to have a BAC of 0.01% or greater, as measured by a PAS TEST or other chemical test, to drive a vehicle
23136 VC
46
Section _______ VC makes it illegal for a person under 21 who has a BAC of 0.05% or greater to drive a vehicle.
23140 VC
47
Section ________ VC makes it illegal for a person on DUI PROBATION to have a BAC of 0.01% or more, as measured by PAS or chemical test
23154 VC
48
Per section _________ VC, a person who drives a vehicle is deemed to have given consent to chemical testing for purposes of determining alcoholic content if legally arrested for suspicion of DUI
23612 VC
IMPLIED CONSENT
49
Any person under the age of 21 OR on probation for DUI, is deemed to have given their consent to a _______
PAS test or chemical test
50
Under 21 - if PAS is refused or PAS results are over 0.01%, driving privilege will be suspended for ____________
1-3 years
51
Under 21 - if PAS reading is 0.05% or greater (and not over 0.08%) the officer should _____________
Issue a 215 for violation of 23140 VC
52
Under 21 - if PAS reading is between 0.01-0.04%, the officer should ______________-
Issue a 215 for violation of 23136 VC
53
Driver on DUI probation - if PAS reading is 0.01% or greater (and not over 0.08%) the officer should ______________
Issue a 215 for violation of 23154 VC
54
Officers SHOULD NOT or SHALL NOT cite a under 21 person for both 23136 and 23140?
SHALL NOT
55
Tow authority for DUI probation violation?
22651 (h)(2) VC
56
Driver on DUI Probation. Over 0.01% but not under influence:
1. Cite?
2. Take DL?
3. DS367?
4. Order not to drive?
5. Can driver/vehicle be released to passenger?
6. Can you store vehicle?
1. SHOULD cite for 23154 VC
2. SHALL take the DL
3. SHALL give order not to drive again with alcohol
4. MAY release driver/vehicle to licensed passenger
5. MAY store vehicle for 22651(H)(2) VC
57
Bicycle DUI VC is ________
Doesn't count as a motor vehicle, so refusal of chemical test doest NOT apply
However, 40300.5 (involved in TC) does apply
21200.5 VC
Officer shall advise arrestee they are entitled to, but not required, to take a chemical test of breath/blood
Ensure security of bike (take to office, jail, etc)
DO NOT TOW THE BIKE
58
Does implied consent apply to a bike DUI?
No
59
Can officers paraphrase implied consent admonishment?
Yes
But if it results in refusal, officer is required to read the refusal section verbatim
60
For alcohol only and drug only DUI arrest, urine test is no longer an option UNLESS
BOTH breath and blood are unavailable
61
REFUSALS:
1. If there are no prior DUI convictions within 10 years =
2. If refusal occurs within 10 years of a DUI conviction =
3. If refusal occurs within 10 years of 2 ore more DUI's =
1. one year suspension
2. 2 year suspension
3. 3 year suspension
62
Juveniles fall within the provisions of 23612 (Implied Consent) and may legally consent to the drawing of blood WITHOUT __________________
Parental permission
63
If parent of juvenile interferes and causes juvenile not to submit to a chemical test:
If juvenile selected blood test, and parents refuse to sign hospital form, can this constitute a refusal under implied consent?
Yes, it may.
Unless the juvenile takes another test
64
If juvenile has selected a breath test, is parental permission required?
No - and failure to take the test because of parental influence shall be constituted as a refusal under Implied Consent
65
If a DUI arrestee requires medical treatment and is transported to a medical facility, what chemical test choice do they have?
Their choice is limited to those tests available at the medical facility
Limited test advisement is on back of DS 367
66
The collection and testing of blood, breath and urine samples to determine alcohol content must comply with ___________
Title 17 of CCR
67
Persons afflicted with _____________ are exempt from the blood test requirements.
Hemophilia
Also people taking an anticoagulant
68
A minimum of ___ ml of blood will be drawn for a blood test
3 ml
69
Blood specimens shall be retained for a minimum period of _____ year(s) from date of collection.
1 year
70
If blood test is unavailable for a drug DUI, a suspect shall submit to a _______ test
Urine
71
Urine test for alcohol: Void the bladder and then collect sample after ____ minutes
20 minutes
For drugs, use first voided sample for the test
72
Urine specimens shall be retained for a period of _____ year(s) from date of collection.
1 year
73
Breath samples must be BAC's within ____% of each other
.02%
74
During 15 minutes of observations, are senses other than sight sufficient?
Yes
75
VC for Trombetta advisement
23614 VC
"breath machines don't retain a sample of your breath. You can provide another sample that can be later tested, etc"
76
Forced / non-consensual blood draws:
These elements must exist:
- Shall be obtained pursuant to a valid search warrant signed by magistrate
- Sample must one drawn by a medically qualified person in a REASONABLE and MEDICALLY approved manner
- The test is incidental to a lawful arrest
- There is reasonable belief that evidence of alcohol/drugs will be found in the sample
*****The force used is limited to that amount which is reasonable and necessary to obtain the same and is not DISPROPORTIONATE to the need.
77
The ____ test should not be offered as an option in any refusal case.
Urine
(unless they are exempt from blood test due to hemophilia or taking anticoagulant)
78
Arresting officer SHOULD or SHALL obtain supervisory approval before the arrestee is physically compelled to submit to a blood draw
SHALL
Supervisor SHOULD be present.
79
Chemical test costs - paid for by the __________ in which the arrest is made
City / county
80
The _____ amendment protects against self-incrimination
5th Amendment
81
The use of excessive force in obtaining a forced-blood drawn will make it __________-
Inadmissible (People vs. Kraft)
82
Do officers seize out of state Driver Licenses?
No - only California DL's
83
Admin Per Se license suspension:
If chemical tests results are .08% or more, the DL suspension will be for 4 months
OR one year for one or more DUI convictions within 7 years
84
Driver may request a DMV hearing within ____ days of the issuance of the DL suspension order to show that the suspension is not justified
within 30 days
Request must be within 10 days of service.
85
Admin Per Se provisions only apply to BAC levels or refusals.... they do not apply to DUI of ________-
drugs
86
The DS 367 shall be completed for which DUI arrests?
All of them
87
Civil subpoena CHP form?
CHP 90
OT duty code is 51
88
Does Title 17 also apply to PAS?
Yes
89
PAS samples can't differ more than _____
.02
90
How many minutes in between PAS samples?
2 minutes
91
DUI checkpoints must be approved b Division at least how long before the checkpoint?
One week prior
92
DUI checkpoint - the average time a vehicle spends in the lane should not normally exceed ___ minutes
3 minutes
93
DUI Checkpoint:
If the driver's only offense is that of 12500aVC, their vehicle SHOULD or SHALL not be impounded
SHALL NOT
until the end of the checkpoint
94
CHP 205 - DUI Checkpoint Activity - shall be sent to Division within ___ hours of checkpoint
48 hours
95
Specific locations of DUI checkpoints shall not be released sooner than __ hours before the checkpoint starts
2 hours before
96
At least ___ warning signs shall be used at DUI checkpoint
at least 6
97
202-DRE's are kept for ______ years
4 years
98
If a driver is required to have an IID installed and there is no IID installed in the vehicle, the driver should be cited for violation of these 2 sections:
Car may be impounded per 14602.6(a)(1) VC
23247(e) VC
14601.2 VC
