500-04 Driving While Intoxicated Flashcards
The Houston Police Department shall investigate and, if probable cause exists, arrest and charge persons who violate the driving while intoxicated (DWI) laws of the state of Texas. As part of the department’s efforts to ensure the safety of members of the community and emergency responders, officers who become aware of or have knowledge of a possible intoxicated driver shall investigate the incident to determine if probable cause exists to make an arrest for DWI. This includes if the offense occurs on _____.
A lesser charge of _____ not be filed in lieu of the DWI charge. An officer who is found to have failed to investigate a suspected intoxicated driver shall be subject to disciplinary action up to and including indefinite suspension.
1) private property open to public use
2) a traffic violation or public intoxication shall
Child.
A person who is 10 years of age or older and under 17 years of age.
Minor.
A person who is under 21 years of age.
DWI FACILITY
After arresting a DWI suspect and properly disposing of the suspect’s vehicle, the officer shall transport the prisoner to the nearest…
An _____ identified by the Houston Police Department, the Texas Department of Public Safety Breath Alcohol Testing Program, or the District Attorney’s Office shall be utilized for processing a DWI arrest. Unless participating in a joint DWI task force operation, the breath test shall be conducted in the same county as the arrest.
1) police facility capable of processing a DWI suspect
2) intoxilyzer facility
DWI FACILITY
Upon arrival at the police DWI facility capable of processing a DWI suspect, the arresting officer shall:
a. Ensure prisoners are handcuffed at all times while in the video section except while…
b. Complete all _____.
Note: Employees should be sensitive to the fact there are health conditions (e.g., diabetic shock) that appear as intoxication. Leaving such conditions untreated could cause death or severe injury to the prisoner. Employees having reason to believe such a condition could be present shall _____ to evaluate the prisoner’s medical condition.
1) being recorded or given an intoxilyzer (breath) test.
2) applicable forms
3) call an ambulance
DWI Evidence Technicians
There are DWI evidence technicians on duty during all shifts to assist officers with their DWI cases. DWI evidence technicians’ responsibilities shall include:
a. Administering ____tests.
b. ____ on DWI suspects.
c. Administering _____ tests.
d. Assisting officers with completing _____.
e. Maintaining a ____ sheet and _____ log.
a. Administering breath tests.
b. Drawing blood on DWI suspects.
c. Administering standardized field sobriety tests.
d. Assisting officers with completing paperwork.
e. Maintaining a sign-in log sheet and blood kit sign-out log.
Violent DWI Prisoners
Violent prisoners shall remain handcuffed and shall be taken directly to a designated jail facility.
Violent prisoners shall not be…
In such cases, the arresting officer shall complete applicable _____ forms, indicating the prisoner refused a breath test and document in the incident report why a breath or blood specimen was not obtained.
1) taken into a video room to be recorded or given a breath test
2) Driver Improvement Center (DIC)
INTOXILYZER (BREATH TEST)
Before requesting a breath specimen, the arresting officer shall complete a criminal background check on the suspect to determine whether or not the suspect qualifies for a mandatory specimen (see section 4, Blood Test). If the suspect does qualify for a mandatory blood specimen then the arresting officer shall request blood from the suspect and execute a Mandatory Blood Specimen form (THP-51) only in the event…
the suspect refuses to provide the required specimen
INTOXILYZER (BREATH TEST)
If the arresting officer is assisted by an evidence technician at the DWI processing facility, the officer must ____ during the entire time the evidence technician is conducting the breath test and video recording.
Since the evidence technician is not a sworn peace officer, the arresting officer shall _____ to the suspect on the video recording and request the specimen of breath and/or blood.
1) remain present
2) read the Statutory Warning (DIC-24)
INTOXILYZER (BREATH TEST)
The arresting officer is responsible for completing the following procedures prior to the administration of a breath test from a suspect:
a. Read aloud the DWI _____.
b. Furnish the prisoner with a copy of the _____.
c. Explain the _____.
d. Request the taking of a _____ in order to analyze and determine the alcohol concentration.
a. Read aloud the DWI statutory warning.
b. Furnish the prisoner with a copy of the DIC-24 (Statutory Warning).
c. Explain the charges.
d. Request the taking of a specimen of breath or blood in order to analyze and determine the alcohol concentration.
INTOXILYZER (BREATH TEST)
Once a specimen is requested and the prisoner provides a breath specimen of 0.08 or higher, the arresting officer shall complete the…
The arresting officer shall also complete the _____ and give the prisoner the Driver’s Copy, which outlines the procedures for requesting an administrative hearing regardless if the suspect has a license or not.
1) Peace Officer’s Sworn Report form (DIC-23).
2) Notice of Suspension form (DIC-25)
Refusal or Failure of Breath Test
In DWI arrests in which a person either refuses to be tested or fails the breath test, the
arresting officer is required to ______, if the person has a license, and issue a DIC-25 (Notice of Suspension) to any person refusing to provide a specimen.
confiscate the person’s Texas driver license
Refusal or Failure of Breath Test
When the license is confiscated, the arresting officer shall paper clip (not staple) the Texas driver license to the Administrative License Revocation (ALR) forms and submit the package to the Vehicular Crimes Division hold desk. The ALR forms include the following:
a. Peace Officer’s _____
b. Statutory _____.
c. Notice of _____. The officer shall give the prisoner the Driver’s Copy, which outlines the procedures for requesting an administrative hearing regardless if the suspect had a license or not.
d. Other equivalent forms applicable to a _____
a. Peace Officer’s Sworn Report (DIC-23).
b. Statutory Warning (DIC-24).
c. Notice of Suspension (DIC-25). The officer shall give the prisoner the Driver’s Copy, which outlines the procedures for requesting an administrative hearing regardless if the suspect had a license or not.
d. Other equivalent forms applicable to a commercial vehicle (DIC-55, DIC-57).
Refusal or Failure of Breath Test
If the suspect refuses to be processed or provide a breath specimen, then one of the following,as applicable, shall occur:
e.
If the arresting officer in the field is equipped with a body worn camera, the officer shall record the refusal on the body worn camera by_____. The officer shall give the suspect an opportunity to sign the DIC-24 indicating that the suspect has refused to provide a specimen. If the suspect does not sign the DIC-24, the officer shall check the box on the DIC-24 indicating that the suspect refused to provide a specimen and also refused to sign the DIC-24. The officer shall document in the incident report that _____. The officer shall proceed to a designated DWI facility, complete the process, and file the appropriate charge.
f.
If the suspect refuses to provide a breath specimen while being processed at a designated DWI facility, the intoxilyzer operator shall _____ indicating that the suspect has refused to provide a specimen. If the suspect does not sign the DIC-24, the intoxilyzer operator shall check the box indicating that the prisoner refused to provide a specimen and also refused to sign the DIC-24.
1) reading aloud the Statutory Warning (DIC-24) verbatim
2) the refusal was recorded on the officer’s body worn camera
3) give the suspect an opportunity to sign the DIC-24
VIDEO SESSION
The arresting officer shall notify a DWI evidence technician when a prisoner is ready to be video recorded to complete the intoxilyzer procedures. The following procedures shall be completed:
a. The _____ and all _____ shall be video recorded. It is not required to record the 15-minute waiting period.
b. All _____ drawn at an HPD DWI facility shall be video recorded.
c. If possible, blood specimens taken at an _____ shall be recorded.
At no time shall a suspect be forced into the video room. If the suspect refuses to enter the room, such actions shall be noted in the officer’s incident report. The officer shall then book the suspect on all appropriate charges.
a. The reading of the DIC-24 and all breath testing shall be video recorded. It is not required to record the 15-minute waiting period.
b. All blood specimens drawn at an HPD DWI facility shall be video recorded.
c. If possible, blood specimens taken at an off-site facility or hospital shall be recorded.
VIDEO SESSION
Arresting Officer’s Responsibilities
The arresting officer shall accompany the suspect into the video room and remain in the room during the entire video recording session.
After leaving the video room, the arresting officer shall:
a. Enter the prisoner’s hold card and charge information under the “Arrest” tab in the
department’s Records Management System (RMS) and jail initialize.
b. Obtain the prisoner’s _____ and driver license records including FBI, state ID, and SPN numbers, if available.
c. Complete the incident report including the “____” tab.
d. Enter charges in the _____ (DIMS).
e. Book the suspect into jail.
The arresting or transporting officer shall deliver all original completed forms including the DIC forms, breath test slip, and video tracking form to the Vehicular Crimes Division hold desk.
a. Enter the prisoner’s hold card and charge information under the “Arrest” tab in the
department’s Records Management System (RMS) and jail initialize.
b. Obtain the prisoner’s criminal history and driver license records including FBI, state ID, and SPN numbers, if available.
c. Complete the incident report including the “DWI” tab.
d. Enter charges in the District Attorney Intake Management System (DIMS).
e. Book the suspect into jail.
BLOOD TEST
Mandatory Blood Specimen
If a suspect refuses the officer’s request for a voluntary blood sample after the officer reads the suspect a DIC-24 (Statutory Warning), a blood sample shall be required from a suspect if any of the following circumstances existed regarding the same incident:
a. At the time the suspect was arrested, the officer reasonably believed that a _____ as a direct result of the crash and the suspect’s intoxication was the cause of the crash.
b. At the time the suspect was arrested, the officer reasonably believed that a person other than the suspect had experienced _____ as a direct result of the crash and the suspect’s intoxication was the cause of the crash.
c. At the time the suspect was arrested, the officer reasonably believed that someone other than the suspect suffered bodily injury and was…
d. The officer had information from a credible source that the suspect has…
e. The officer had information from a credible source that the suspect had _____ at the time the suspect committed the offense.
f. The officer had information from a credible source that the suspect has been convicted of…
a. At the time the suspect was arrested, the officer reasonably believed that a person died or may die as a direct result of the crash and the suspect’s intoxication was the cause of the crash.
b. At the time the suspect was arrested, the officer reasonably believed that a person other than the suspect had experienced serious bodily injury as a direct result of the crash and the suspect’s intoxication was the cause of the crash.
c. At the time the suspect was arrested, the officer reasonably believed that someone other than the suspect suffered bodily injury and was transported from the scene for medical
treatment.
d. The officer had information from a credible source that the suspect has two or more prior convictions for DWI, flying while intoxicated, boating while intoxicated, or assembling or operating an amusement ride while intoxicated.
e. The officer had information from a credible source that the suspect had a child 14 years of age or younger in the vehicle at the time the suspect committed the offense.
f. The officer had information from a credible source that the suspect has been convicted of DWI with a child passenger, intoxication assault, or intoxication manslaughter.
BLOOD TEST
Mandatory Blood Specimen
If a specimen is required, the arresting officer shall request the taking of a blood specimen. If the suspect refuses a blood specimen, the officer shall complete and submit a _____. The officer shall then contact a District Attorney and complete an affidavit for a search warrant blood draw. Once the warrant is completed, notarized, and signed by a judge, the officer shall have the suspect’s blood drawn.
Requested or required blood samples shall be drawn by only qualified medical personnel on duty at a hospital or medical facility, a qualified technician provided by the District Attorney’s Office, or a _____.
There may be certain situations or exigent circumstances in which an officer cannot wait for a warrant prior to having blood drawn. In these cases, the officer shall contact the _____ prior to having blood drawn.
1) Mandatory Blood Specimen form (THP-51)
2) qualified technician at an HPD DWI processing facility
3) on-call Vehicular Crimes Prosecutor
Refusal of Blood Test
If a suspect refuses to provide a blood specimen at the request of the officer and further
refuses to allow the taking of a specimen when there is a mandatory requirement or search warrant for a specimen, then the officer shall…
use the minimal force necessary in order to obtain the specimen.
No Refusal Programs
The District Attorney’s Office for the county of arrest may conduct a “No Refusal Night.” On these nights the suspect shall be _____ and the officer shall_____ if the suspect refuses to provide the legally required specimen. The District Attorney’s Office may provide a qualified technician that can be used to execute the blood warrant, and if they do not, the officer shall proceed to a hospital or medical facility where a qualified technician is on duty.
1) processed as requested by the District Attorney’s Office
2) complete an application for a search warrant for a specimen of the suspect’s blood
Blood Search Warrants
During any shift, officers shall contact the Intake Division at the District Attorney’s Office for assistance completing an application for a blood warrant. In these cases, the officer shall be required to_____ if there is not a DWI evidence technician or no-refusal nurse on duty. The officer shall be responsible for returning the warrant to the district clerk’s office after it has been executed.
During “No Refusal Nights” the District Attorney’s Office shall_____ at the location where the “No Refusal Night” is implemented.
1) take the prisoner to a hospital or medical facility
2) provide the personnel needed to secure a warrant and execute the warrant
DWI Suspect’s Personal Blood Sample
If a DWI prisoner has already given a sample of breath, the prisoner may request a blood
sample be drawn by a person of the suspect’s own choosing if all of the following conditions are met:
a. The sample is taken by a _____.
b. The prisoner agrees to_____ of the drawing and analysis of the sample.
c. The blood sample is taken within ____ hours following the arrest.
d. The person drawing the blood sample _____ to take the sample. The person must also furnish the required equipment to properly take the sample.
e. The officer shall _____ as evidence to be tested by the department. The specimen shall be tagged according to HPD policy set forth in regards to any other blood specimen drawn.
a. The sample is taken by a physician, registered nurse, or qualified technician.
b. The prisoner agrees to pay for the expense of the drawing and analysis of the sample.
c. The blood sample is taken within two hours following the arrest.
d. The person drawing the blood sample must come to the prisoner to take the sample. The person must also furnish the required equipment to properly take the sample.
e. The officer shall obtain one of the specimens drawn as evidence to be tested by the department. The specimen shall be tagged according to HPD policy set forth in regards to any other blood specimen drawn.
SUSPECTS REGISTERING LESS THAN 0.08 BREATH-ALCOHOL CONTENT
If a suspect has less than 0.08 breath-alcohol content and the arresting officer believes the prisoner is under the influence of another substance, the officer shall contact the Command Center. The Command Center shall attempt to arrange for the prisoner to be evaluated by a department _____.
The evaluation shall be conducted at a designated DWI facility with a video room.
A DRE shall not be requested until…
There is no requirement that a suspect’s breath specimen be 0.00 for a DRE to be called, only that the _____. If the suspect refuses a breath test, the arresting officer shall contact an assistant district attorney to apply for a search warrant.
1) Drug Recognition Expert (DRE)
2) after a breath test has been administered.
3) impairment does not appear to match the test result
SUSPECTS REGISTERING LESS THAN 0.08 BREATH-ALCOHOL CONTENT
If a department DRE is unavailable, a supervisor shall contact the _____or the _____ to determine if a DRE is available through these agencies.
When a DRE from another agency conducts an evaluation, the evaluation shall be conducted at a _____.
1) Harris County Sheriffs Office
2) Texas Department of Public Safety dispatcher
3) location determined by the DRE