DUI Manual

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  1. According to 23610(a) VC what are the presumptive limits?
    • less than .04 percent- Not DUI
    • .05-.08-no presumption
    • .08 or great- DUI
  2. When persons in a vehicle switch seats while the vehicle is in motion, who has control of the vehicle and who can be arrested for DUI?
    Both have control. If both are DUI both are arrested.
  3. Can FST's be asked without Miranda?
    Yes, unless the driver is already under arrest
  4. True/False: Employees are required to use CHP202S for their FSTs
    False.  if they do, it SHALL be taped to 81/2x11 paper and submitted with the report
  5. NHTSA identified a three test battery in 1977.  What is the three test battery?
    HGN, WAT, OLS
  6. Which FST is the most accurate?
    HGN
  7. What are the other substances HGN may detect?
    PCP, Marijuana
  8. How many validated clues does HGN have?
    6, each clue is counted once for each eye
  9. What is the criteria for HGN being considered successful?
    4 out 6- 77 percent chance they're DUI over .10
  10. How many validated clues are there on WAT?
    2 during setup, 6 during walking stage
  11. Whenever possible, which FST's should be used and why?
    Due to their scientific validation, the three test battery
  12. When should the PAS be used?
    In conjunction with FST, usually after FSTS
  13. What are CNS Depressants
    barbiturates, tranquilizers (valium, Librium, Prozac) and Alcohol
  14. What test is the preferred test for CNS depressants?
    Blood
  15. What are CNS Stimulants?
    Cocaine, meth, and amphetamines
  16. What are narcotic analgesics?
    opium, morphine, codeine, fentanyls.  The most commonly abused is heroin
  17. What VC section states it is illegal for an addict to operate a vehicle?
    23152(c)
  18. What is the active ingredient in cannabis?
    THC- Delta 9 tetrahydrocannabinol
  19. What section is charged for people operating under the influence of narcotics?
    23152(f)- drugs, (g) combo
  20. Should/Shall officers investigate all incidents involving DUI?
    SHALL investigate and SHALL arrest
  21. The misdemeanor section should/shall be filled out at the bottom of the 202
    SHALL on all misdemeanor
  22. When does the admin per se law allow for the prompt suspension of a drivers license?
    .08 or higher, .04 or higher for commercial, .01 or higher for under 21
  23. What form is used for Admin Per Se?
    DMV DS 367, 367(m) under 21
  24. What section makes it illegal for a commercial driver to drive with a BAC .04 or higher
    23152(d)
  25. 40300 applies to what? and why is it a law
    misdemeanor arrest not committed in the officers presence, DUI accident scenes, etc, evidence destruction, danger to public, will flee
  26. If an officer is unsure if 40300.5 applies, what section can they charge?
    647f
  27. When a misdemeanor DUI suspect is taken to the hospital, what options does an officer have?
    Request permission to post an officer with the suspect and book upon release
  28. Can a misdemeanor DUI be booked into a medical ward?
    Yes
  29. Can a suspect be cited and released at the hospital?
    Yes with a CHP 215
  30. Can a DUI suspect be release pursuant to 849b?
    YEs, with supervisor approval, issues CHP 103, complete arrest report and request a compliant be filed
  31. What is the procedure for felony dui arrests at the hospital?
    All the same as misdemeanor, with the option to call on call judge and request arrestee be released OR
  32. Can an officer make a warrantless DUI arrest in a residence?
    Yes, if the officer has PC driver is DUI, DUI is an element of the crime being investigated, driver is home, time is within reason, blood alcohol evidence is in danger of destruction
  33. Prior to releasing a misdemeanor DUI suspect, officers SHOULD/SHALL run for warrants?
    SHALL
  34. If the responsible person refuses to sign ______, the officer shall _______?
    CHP 202F, book the suspect
  35. When cited and released, the officer SHALL include what information in the report?
    they were C&R, name of reasonable person, location where released
  36. What is a commercial vehicle?
    Any vehicle, class A, B, C requiring an endorsement
  37. If a commercial driver is under the influence of drugs or combo, and BAC is less than .04% what sections apply?
    23152(f) and 23153(f) apply
  38. When do applied consent laws apply to a commercial driver?
    .04 or great, 23152(d) 23153(d)
  39. If a commercial drivers bac is .01-.04, what SHALL the officer do?
    Issue CHP 215 for 34506 and place out of service by writing on ticket and log book
  40. If a suspect is on DUI probation, SHOULD/SHALL they be admonished to take a PAS?
    SHALL
  41. If a DUI probation refuses to PAS, what SHALL the officer do?
    SHALL read back of DS DMV367.
  42. If after reading the DS 367 verbatim, a DUI probationer refuses what SHALL the officer do?
    SHALL take their drivers license.
  43. According to the B&P code, any parent or legal guardian who knowingly permits their child, or anyone under 18 to consume an alcoholic beverage is guilty of a _______ if ______?
    misdemeanor, as a result of consumption is .05 or greater at the residence, permits child to drive, or child causes a traffic collision
  44. If a suspect has 3 DUI priors and is arrested again, what is the officer able to charge?
    23152 as a felony
  45. When booking a suspect for DUI, officers SHOULD/SHALL run their drivers license for priors?
    SHALL
  46. If a suspect refuses to submit to a chemical test, what are the officers options?
    physically compel to take a test if they meet the criteria
  47. True/False: When a suspect is arrested for DUI on a bicycle, there SHALL be subjected to take a chemical test?
    False
  48. 21200.5 makes it a _______ for anyone to operate a bicycle DUI upon a highway
    misdemeanor
  49. DUI on a motorized scooter do not have to take chemical tests?
    True, unless involved in a collision per 40300.5
  50. When arresting a suspect for DUI on a scooter/bicycle, does the officer have to admonish them of their right to take a chemical test?
    Yes, must also admonish they are not required to take one. Noted on report
  51. If an arrestee on a bicycle/scooter elects to take a chemical test, what is the officer required to do?
    SHALL afford them the opportunity.  If they fail to complete the test or change their mind, it should be noted in the report
  52. If a suspect arrested for DUI on a bicycle/scooter is released, where is the officer required to take the arrestee?
    release with their bicycle/scooter.  If a considerable distance from arrest location, SHALL be taken back to the location
  53. When is the Department supposed to notify ABC of a DUI violation?
    When the incident can be attributed to alcohol which was illegally consumed or obtained
  54. The CHP is required to report all DUIs to Abc?
    False, DUI related to minors, pattern from an establishment, fatal w/ DUI and the establishment is known
  55. Implied consent applies to all DUI charges, except?
    Attempt DUI, DUI bicycle and scooter
  56. An officer is not allowed to informally admonish a suspect of implied consent, rather the officer SHALL read the DS367 verbatim.
    False, may informally admonish.  If refusal to complete/refusal, SHALL read verbatim.
  57. In 2012, AB2020 removed Urine from DUI chemical tests unless:
    Both breath and blood are not available, arrestee suffer from hemophilia, arrestee uses anticoagulant
  58. What are the consequences for refusing to submit to a chemical test?
    First time-one year, two years if occurs with 10 years of conviction, three years within ten years of 2 or more
  59. Drug related DUI's are only offered blood and urine for chemical tests?
    False, Breath, Blood, Urine.  If breath for alcohol, then still must submit to urine or blood
  60. If a DUI driver is unconscious, officer may request the medical facility withdrawl blood without a warrant according to 23612(a)(5)
    True.  If the facility refuses there is no recourse
  61. Juveniles may not give consent to the withdraw of their blood without prior parental approval
    False, they can give consent according to 23612
  62. If a juvi consents but parent refuses to sign the form, what is the recourse?
    Counted as a refusal
  63. If a parent interferes with any portion of the chemical testing, and the test is not completed, what is the outcome of the test?
    Refusal
  64. If a suspect selects a blood test, but refuses to sign the form, the chemical test is deemed?
    A refusal
  65. For a alcohol urine sample to be valid, the suspect must have _______ within _____ minutes of the sample collection
    completely voided their bladder, 20 minutes
  66. For a drug urine sample, the suspect must also comply with voiding the bladder before submitting a sample?
    False
  67. What is the retention period for urine samples?
    one year
  68. Breath test require how many samples, within what percentage?
    2 within .02
  69. How long is the observation period before giving a breath sample?
    15 minutes.  May be established with questions "when was the last time you consumed a drink or food?"
  70. What is the Trombetta Advisement?
    The advisement breath samples are not retained for future independent testing.  The suspect is then afforded the chance to submit sample (blood, urine) for future testing
  71. When should the trombetta be given?
    After the breath sample is given
  72. The officer is not allowed to advise the suspect of their BAC after a breath test?
    False, the officer SHALL state as soon as practicable

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Author:
Anonymous
ID:
327980
Filename:
DUI Manual
Updated:
2017-02-01 00:02:12
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