70.4

Question 1

What are the three phases of DUI detection?

Answer 1

Phase 1- Vehicle in motion
Phase 2- Personal contact
Phase 3- Pre arrest screening (HPM 70.4 2-1)

Question 2

A DS 367 or DS 367M _____ be completed for every subject arrested for DUI (Sections 23152/23153 CVC), regardless of their BAC.

Answer 2

Shall (HPM 70.4 4-4)

Question 3

When may officers include a charge of Section 273a(b) PC (child endangerment)?

Answer 3

Whenever a person is arrested for a violation of Section 23152 CVC and a person under 18 years of age is a passenger in the vehicle. (HPM 70.4 4-7)

Question 4

In cases in which a subject evades arrest and flees into a residence, are officers justified in entering the residence in order to prevent the destruction of evidence?

Answer 4

Yes (HPM 70.4 4-10)

Question 5

Implied Consent laws do/do not apply to DUI on a bike or scooter.

Answer 5

Do not (HPM 70.4 5-3)

Question 6

When will nonconsensual blood draws be performed when the suspect is suspected of being in violation of Section 23140 CVC?

Answer 6

When a traffic collision results in the death of a person and an arrest for felony vehicular manslaughter (HPM 70.4 5-23)

Question 7

What is required in order to conduct a nonconsensual blood draw?

Answer 7

-a valid search warrant, signed by the appropriate magistrate
-or the exigent circumstances (beyond the mere dissipation of alcohol in the blood) (HPM 70.4 5-19)

Question 8

The arresting officer ______ obtain supervisory approval prior to the arrestee being physically compelled to submit to a blood draw. The approving supervisor, if readily available, ______ be present during the procedure.

Answer 8

Shall / Should (HPM 70.4 5-23)

Question 9

Admin Per Se provisions only apply to ____ or _________; they do not apply to _________.

Answer 9

BAC levels or refusals; DUI of drugs (HPM 70.4 6-5)

Question 10

The original DS 367, the violator’s California driver license (if available), and a copy of the breath test results must be forwarded to DMV within __________.

Answer 10

five business days (HPM 70.4 6-6)

Question 11

The PAS devices shall be checked for accuracy every _______ ___________ days or _____ tests, whichever occurs first.

Answer 11

10 CALENDAR days , 150 tests (HPM 70.4 7-11)

Question 12

Areas shall prepare operational plans for each checkpoint and submit them to Division so they may be approved at least _______ before the scheduled date of operation.

Answer 12

one week (HPM 70.4 8-6)

Question 13

Areas are required to provide a printed news release to the media _____ hours prior to the checkpoint operations. Specific checkpoint locations shall not be released sooner than _____ hours prior to the checkpoint start time.

Answer 13

48 hours / two hours (HPM 70.4 8-13)
Notifications shall include general information outlining date(s), time(s), and geographical areas where checkpoint operations will occur. No paid advertisements will be authorized.

Question 14

Checkpoint operational plans shall be kept on file by the Area for a minimum period of __________, in the event they are needed for court cases.

Answer 14

two (2) years plus the current year (HPM 70.4 8-8)

Question 15

Sobriety/driver license checkpoint teams should normally operate for periods of __________. The team leader may discontinue operations at any time for safety reasons.

Answer 15

four to six hours HPM 70.4 8-9

Question 16

At least ______ warning signs shall be used when setting up a sobriety checkpoint.

Answer 16

six (HPM 70.4 8-15)

Question 17

Checkpoints. The team leader _____ monitor traffic to ensure that a back-up of vehicles does not occur. The average time a vehicle spends in the lane should not normally exceed ________. At intervals of approximately __________, a vehicle should be selected and timed through the checkpoint lane and the time noted on the CHP 205, Sobriety/Driver License Checkpoint Activity Report.

Answer 17

Shall / Three Minutes / Ten Minutes (HPM 70.4 8-10)

Question 18

What is the optimal screening time of each vehicle in a Sobriety/Driver License Checkpoint?

Answer 18

Optimally, screening should not take more than 30 seconds. (HPM 70.4 8-10)

Question 19

If the only offense at checkpoint is 12500- The vehicle _______ be released to the registered owner, provided they are a licensed driver, or to any licensed driver authorized by the registered owner to take possession of the vehicle.

Answer 19

Shall (HPM 70.4 8-12)
The registered owner, or their authorized agent, has until the end of the checkpoint to remove the vehicle.

Question 20

Which three FSTs should be used as primary FSTs, whenever possible?

Answer 20

Due to their scientific validation, HGN, Walk and Turn, and One Leg Stand should be used as primary FSTs whenever possible. HPM 70.4 2-21

Question 21

What form must be provided to an in custody to release them for a misdemeanor DUI to a hospital? Where does the original go?

Answer 21

Upon the concurrence of a supervisor release the arrestee pursuant to Section 849(b)(1) PC and issue a CHP 103, Certificate of Release from Custody. The officer shall provide the arrestee with a copy of the CHP 103 and file the original with the CHP 202.