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507 DWI Arrests Flashcards

1
Q

.01 INTRODUCTION
C. In addition, this procedure gives guidance for the implementation of the ____ _______ ______ ________ Statute for intoxicated drivers who either refuse or fail a blood or breath test.

A

Texas Administrative License Revocation (ALR)

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2
Q

.02 POLICY
The responsibility to remove intoxicated drivers from the roadway extends to all sworn members of the Department regardless of their actual duty status or _______ unit of assignment.

A

primary

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3
Q

.04 PROBABLE CAUSE FOR DWI OR DUI
A. Officers establish probable cause for arresting drivers for Driving While Intoxicated (DWI) or for Driving Under the
Influence of Alcohol by Minor (DUI) by relying on _____ ______ and training, including:
1. Personal _______ of drivers involved in traffic accidents and or traffic violations;
2. ______ ______ based on information provided by individuals who are witnesses to traffic violations and or traffic accidents involving the person suspected of being intoxicated or under the influence; or
3. Personal observation of drivers stopped for the purpose of providing them with information (i.e., road conditions ahead).

A

personal knowledge
observation
Reasonable suspicion

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4
Q

.04 PROBABLE CAUSE FOR DWI OR DUI
B. After a traffic stop or arrival at a traffic accident scene, the officer shall:
1. _______ the driver to a place of safety if he/she is suspected of being intoxicated.
2. _______ the standardized field sobriety test. Officers operating vehicles equipped with an on-board video camera will record the administering of the standardized field sobriety test. The video recording will be collected for evidence if the suspect is arrested.
3. Record the observations on SAPD Form _____, Officer’s Field Sobriety Checklist.

A

Remove
Conduct
#24-FSC

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5
Q

.04 PROBABLE CAUSE FOR DWI OR DUI
B. After a traffic stop or arrival at a traffic accident scene, the officer shall:
4. Other sobriety tests that an officer may conduct are:
a. Reciting of the _______ ; and
b. The _______ count.

A

alphabet

numerical

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6
Q

.04 PROBABLE CAUSE FOR DWI OR DUI
B. After a traffic stop or arrival at a traffic accident scene, the officer shall:
6. If after conducting the ______________ the officer has determined that a minor is not intoxicated, but has a detectable amount of alcohol in his system, the minor will be processed for ____ in accordance with Section .05 of this procedure.

A

standardized field sobriety tests

DUI

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7
Q

.05 DRIVING UNDER THE INFLUENCE OF ALCOHOL
A. Minors who operate a motor vehicle in a public place with any detectable amount of alcohol concentration of less than ___ in their system are in violation of the _____________, Driving Under the Influence of Alcohol by Minor.
1. Minors under this offense are individuals younger than 21 years of age and include _______.

A

.08
Texas Alcoholic Beverage Code, Section 106.041
juveniles

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8
Q

.05 DRIVING UNDER THE INFLUENCE OF ALCOHOL
C. Minors operating a motor vehicle who are not _______, but where officers have probable cause to suspect that the minor has any detectable amount of alcohol in his/her system shall process the minor as follows:
1. Arrest the minor for the offense of DUI and offer the minor a voluntary ___________ at the scene of the arrest using a portable breath tester.
2. If the minor agrees to a voluntary portable breath test, perform the test on the minor at the ______.

A

intoxicated
portable breath test
scene

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9
Q

.05 DRIVING UNDER THE INFLUENCE OF ALCOHOL
D. DUI by Individuals
1. If the portable breath test shows any alcohol concentration of less that .08 in a minor’s system who is _______ years of age or older and under _______ years of age, the officer shall book the minor into the Detention Center for the _____ misdemeanor offense of DUI;

A 
seventeen (17)
twenty one (21)
class C
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10
Q

.05 DRIVING UNDER THE INFLUENCE OF ALCOHOL
E. DUI by Individuals – (____ of age or older and under 17 years of age)
1. If the juvenile’s portable breath test shows any alcohol concentration of ______ .08, the officer shall attempt to contact the juvenile’s parent or legal guardian and allow them _____ to come to the scene to take custody of the juvenile.

A

10 years
less than
one (1) hour

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11
Q

.05 DRIVING UNDER THE INFLUENCE OF ALCOHOL
E. DUI by Individuals – (10 years of age or older and under 17 years of age)
2. If the parent or legal guardian of a juvenile comes to the scene to take custody of the juvenile, the juvenile is issued a __________ for the class C misdemeanor offense of DUI and released to the parent or legal guardian.

A

misdemeanor citation

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12
Q

.05 DRIVING UNDER THE INFLUENCE OF ALCOHOL
E. DUI by Individuals – (10 years of age or older and under 17 years of age)
4. Vehicles driven by juveniles are released to the vehicles registered owner, or ________ in accordance with GM Procedure 607, Impounding Vehicles. Vehicles are not ______ at the scene to individuals who are arrested for DUI.

A

impounded

released

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13
Q

.05 DRIVING UNDER THE INFLUENCE OF ALCOHOL
F. Minors who refuse a standardized field sobriety test and a portable breath test are arrested for DUI when a _______ amount of alcohol is determined to be in the minor’s system. Minors, who refuse a standardized field sobriety test and a portable breath test, are arrested for ____ and returned to the DWI Testing Room to be processed for DWI when the arresting officer develops _________ to establish an arrest for DWI.

A

detectable
DWI
probable cause

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14
Q

.05 DRIVING UNDER THE INFLUENCE OF ALCOHOL
H. Required Reports For DUI Arrests
1. SAPD Form ___ , Offense/Incident Report, or SAPD Form _____ DWI/Traffic Case Report will be completed listing the probable cause and the results of the portable breath test. The letters _____ are written across the top of the report in bold print.

A 
#2-2
#24-1A
“DUI”
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15
Q

.05 DRIVING UNDER THE INFLUENCE OF ALCOHOL
H. Required Reports For DUI Arrests
2. SAPD Form ______, Statutory Warning is completed if a _______ test is given or offered. A copy is given to the minor.

A 
#DIC-24
chemical
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16
Q

.05 DRIVING UNDER THE INFLUENCE OF ALCOHOL

  1. SAPD Form _____, Peace Officer’s Sworn Report is completed when a minor is issued a _________ for DUI or is arrested and booked for DUI.
  2. SAPD Form #DIC-25, _____ _ ______, is completed when a minor is issued a misdemeanor citation for DUI or is arrested and booked for DUI. A copy of the form is given to the minor.
A

DIC-23

misdemeanor citation
Notice of Suspension

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17
Q

.05 DRIVING UNDER THE INFLUENCE OF ALCOHOL
I. All applicable reports and forms, including citations and the minor’s __________, are stapled together and placed in the report receptacle located at each area substation.

A

Texas driver’s license

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18
Q 
.05 DRIVING UNDER THE INFLUENCE OF ALCOHOL
J. Minors who either refuse or register any detectable amount of alcohol on a chemical test or portable breath test in addition to the class C misdemeanor charges, will be processed under the \_\_\_\_\_\_ \_\_\_\_\_ \_\_\_\_\_  Statute.
A

Administrative License Revocation

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19
Q

.06 DWI ARREST AND VEHICLE DISPOSITION
B. In conjunction with the arrest of drivers suspected of being intoxicated, officers:
1. Collect and _____ items of evidence;
2. Identify and record the names of all _____ and witnesses; and
3. Record investigative questions and verbal responses made by drivers, the smell of intoxicants on drivers, and other _______ factors that may indicate to the officer that the driver is intoxicated at the time of the arrest.

A

record
passengers
identifying

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20
Q

.06 DWI ARREST AND VEHICLE DISPOSITION
C. When available, a secondary officer should be used to ______ the suspect’s vehicle in order to expedite the processing of the DWI suspect.

A

impound

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21
Q

.07 JUVENILE – DWI ARRESTS
A. When a juvenile is taken into custody for the offense of Driving While Intoxicated (DWI), the arresting officer shall promptly give notice of his action and a statement of the reason for taking the juvenile into custody, to:
1. The juvenile’s parent, guardian, or ______; and
2. The ______ ______ Office.

A

custodian

Youth Processing

22
Q

.07 JUVENILE – DWI ARRESTS
B. Notification of an arrest of a juvenile may be made through the _______ ____ or by the officer himself. Officers may utilize the telephone located in the DWI Testing Room to make the notification. The notification process should be conducted within _______ of the arrest and will be documented in the officer’s report.

A

Communications Unit

one (1) hour

23
Q

.07 JUVENILE – DWI ARRESTS
G. Juvenile DWI suspects shall be read SAPD Form _____, Statutory Warning on video, and the offering of the breath test or blood test and their response shall be recorded on the video camera prior to the _______ test. The juvenile is permitted to waive or assert his rights regarding taking the breath test, blood test, or other DWI test without the concurrence of an _______.

A

DIC-#24
chemical
attorney

24
Q

.08 DWI TESTING ROOM SECURITY
E. Personal property belonging to DWI suspects that is accepted at the Detention Center will be inventoried and kept at the booking area while the suspect is being tested.
1. A Magistrate Services-Detention Center Form __________, will be filled out and signed by the detention guard, the arresting officer, and the DWI suspect.

A

17, Registration/Property Form

25
Q

.09 PRE-TESTING PROCEDURES FOR DWI
B. A qualified intoxilyzer/video operator is assigned to the DWI Testing Room every day from ____ hours to ____ hours. During other times the arresting officer will request a qualified on-duty intoxilyzer/video operator through the _________ Unit.

A

2000/0600

Communications

26
Q

.09 PRE-TESTING PROCEDURES FOR DWI
E. The arresting officer also prepares and reads SAPD Form ______, Peace Officer Statutory Warning For Commercial Motor Vehicle Operators, if the suspect was operating a commercial motor vehicle.

A

DIC-55

27
Q

.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
3. Portable breath testers will not be issued to or maintained by _____ _____ assigned to the Patrol Division or the Tactical Support Division.

A

patrol officers

28
Q

.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
B. The Breath Test - Voluntary
2. Depending on the outcome of the breath test, the suspect is:
a. Released from custody and transported to the Growdon Storage Facility located at 3625 Growdon Road to recover his vehicle, if the Blood Alcohol Concentration (BAC) level is below _____ and the suspect is ______ years of age or older and is not otherwise impaired. If the suspect is under twenty-one (21) years of age, the suspect is handled in accordance with Section .05 Driving Under the Influence of Alcohol.

A

0.08

twenty-one (21)

29
Q

10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
C. Blood Test - Voluntary
1. The voluntary blood test is offered to a suspect who is under arrest for the offense of DWI, and;
a. The suspect is suspected of being under the influence of _____; or
b. When the suspect is sick or ____ and is to be transported to a medical facility for treatment.

A

drugs

injured

30
Q

C. Blood Test - Voluntary

  1. If the suspect submits to a voluntary blood test, the blood is collected at a _____ _____ or medical facility by qualified medical personnel: If the suspect is unconscious, a blood specimen will be taken.
    a. Officers will request that medical personnel obtain two (2) _______ vials of suspect’s blood. Each vial should contain _______ milliliters of suspect’s blood.
A

medical hospital
gray-topped
five (5) to six (6)

31
Q

C. Blood Test - Voluntary

  1. If the suspect submits to a voluntary blood test, the blood is collected at a medical hospital or medical facility by qualified medical personnel: If the suspect is unconscious, a blood specimen will be taken.
    b. After obtaining a ______ number, the blood samples and the completed Bexar County ______________ Form, are placed in an envelope and left in the appropriate Property Room evidence refrigerator.
    (1) All necessary information is written on the outside of the envelope;
    (2) A copy of SAPD Form ______, Specimen Routing Report, is attached to the envelope;and
    3) If the officer suspects that drugs are involved in the intoxication, he makes a notation on the envelope to have a test performed on the blood sample.
A

barcode
MEO Toxicology Laboratory – Analysis Request
#DIC-23A
drug screen

32
Q

C. Blood Test - Voluntary
3. When blood is obtained through a warrant and drawn at the Magistrate’s Office, the ____, along with the completed Bexar County MEO Toxicology Laboratory – Analysis Request Form, are placed in the same envelope and put in the _______ evidence refrigerator.

A

blood

Magistrate’s

33
Q

C. Blood Test - Voluntary

  1. Suspects under arrest for the offense of DWI who either consent to a voluntary blood test or who refuse a voluntary blood test are processed as follows;
    b. May be issued SAPD Form _____, Notice to Hospitalized Suspects, and released to the care of a hospital with the approval of a supervisor as outlined in GM Procedures 601, Prisoners and 602, Juveniles when the suspect is arrested for a misdemeanor DWI offense
A

52-X

34
Q

10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
D. Blood Test – Mandatory
3. If the suspect is unconscious and incapable of refusal, a blood specimen will be taken under _____ _____. The blood will be drawn in accordance with Section .10, Subsection D 4 of this procedure.
4. When a suspect is going to be charged with ______ ______ or Intoxication Manslaughter, officers will have medical personnel draw the suspect’s blood. Medical personnel will obtain ___ gray-topped vials of suspect’s blood. Each vial should contain five (5) to six (6) ______ of suspect’s blood.

A

implied consent
Intoxication Assault
two (2)
milliliters

35
Q

10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
D. Blood Test – Mandatory
6. SAPD Form ____, Statutory Authorization-Mandatory Blood Specimen, and SAPD Form #TLE-51A, _______________ are prepared and submitted for all mandatory blood tests.

A 
#TLE-51
Affidavit of Person who Withdrew Blood
36
Q

10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
D. Blood Test – Mandatory
9. When a mandatory blood specimen has to be taken and the suspect resists the medical personnel’s efforts to conduct the blood draw the officer may utilize the _______ ______ _____ designed for this purpose. A restraint chair is available in the nurse’s area of the Detention Center.

A

Emergency Restraint Chair

37
Q

.11 VIDEOTAPING IN THE DWI TESTING ROOM
C. The videotape strives to show whether or not the suspect has normal use of his _____ and physical faculties. The videotape sobriety tests includes but is not limited to:
1. Field sobriety tests listed on SAPD Form ____, Officer’s Field Sobriety Checklist;
2. A speech test and recital of the alphabet; and
3. An ______.

A

mental
#24-FSC
Interview

38
Q

.11 VIDEOTAPING IN THE DWI TESTING ROOM

D. Officers will complete a videotape envelope and SAPD Form ____ / Video Card for each videotape.

A

24-54

39
Q

.12 DRUG RECOGNITION EVALUATIONS
B. If no on-duty DRE is available, the _______ Unit will attempt to notify a DRE that is off-duty. If the Communications Unit is unable to locate a DRE, or if the DRE is unable to respond to the DWI Testing Room within ______, the suspect will be videotaped in accordance with Section .11 of this procedure.

A

Communications

one (1) hour

40
Q

.12 DRUG RECOGNITION EVALUATIONS
F. If a suspect is evaluated for the use of drugs by a Drug Recognition expert (DRE), the DRE will be responsible for using the ______ Drug Recognition Evaluation process outlined on SAPD Form _____, Texas DRE Evaluation Form.

A 
12-Step
#24-DI
41
Q

.12 DRUG RECOGNITION EVALUATIONS
F. 1. All Drug Recognition Expert evaluations will be placed on SAPD Form 24-DI, Texas DRE Evaluation Form. The Drug Recognition Expert will properly evaluate the suspect and complete SAPD Form #24-DI, Texas DRE Evaluation Form, including __________.

A

medical rule outs

42
Q

.12 DRUG RECOGNITION EVALUATIONS
F. 2. All Drug Recognition Evaluations will be conducted on videotape. The videotaping will begin at the ________ Test, Step ___ on SAPD Form #24-DI, Texas DRE Evaluation Form.

A

Psychophysical

5

43
Q

.12 DRUG RECOGNITION EVALUATIONS
F. 4. If prescription medication or drugs are found on the suspect, the ______ officer will be responsible for collecting and turning them over to the Drug Recognition Expert. The ___ will be responsible for identifying
the type of medication/drug through the use of the Physician Desk Reference book, and/or _____ ______. Once the medication/drugs have been identified, the DRE will determine what medication/drug shall be seized
as evidence. The arresting officer will place the medications or drugs determined to be in the property room in accordance with departmental procedures.

A

arresting
DRE
Poison Control
evidence

44
Q

.13 ADMINISTRATIVE LICENSE REVOCATION (ALR)
A. Subjects who either refuse or fail a breath test or blood test, or register a _____ or higher alcohol concentration on the breath test if operating a commercial motor vehicle, or minors charged with the offense of DUI, in addition to the criminal process outlined in Section .10, will be processed under the Administrative License Revocation Statute.

A

0.04

45
Q

.13 ADMINISTRATIVE LICENSE REVOCATION (ALR)
B. The Administrative License Revocation process consists of the following steps:
1. Subjects who refuse or fail a breath test or blood test:
a. The officer will complete SAPD Form ____, Notice of Suspension; and
b. The subject will be given copies of SAPD Forms _____, DWI Statutory Warning, and #DIC-25, Notice of Suspension.

A 
#DIC-25
#DIC-24
46
Q

.13 ADMINISTRATIVE LICENSE REVOCATION (ALR)
B.2. Subjects operating _________ motor vehicles who either refuse, fail a breath test or blood test, or register a 0.04 or higher alcohol concentration, regardless of the type of driver’s license held:
a. The officer will complete SAPD Form ______, Peace Officer Sworn Report For Commercial Motor Vehicle Operator, in addition to SAPD Form #DIC-24, DWI Statutory Warning;

A 
commercial
#DIC-54
47
Q

.13 ADMINISTRATIVE LICENSE REVOCATION (ALR)
B.2. Subjects operating commercial motor vehicles who either refuse, fail a breath test or blood test, or register a 0.04 or higher alcohol concentration, regardless of the type of driver’s license held:
b. The officer will also complete SAPD Forms #DIC-57, ______ __ _______, and ______, 24 Hour Out-Of-Service Order; and
c. The subject will be given copies of SAPD Forms #DIC-24, DWI Statutory Warning, ______, Peace Officer Statutory Warning For Commercial Motor Vehicle Operators, #DIC-57, Notice Of Disqualification, and #MCS-10, 24 Hour Out-Of-Service Order.

A 
Notice Of Disqualification
#MCS-10
#DIC-55
48
Q

.13 ADMINISTRATIVE LICENSE REVOCATION (ALR)
B.3. Officers will confiscate the _____ _______ from those persons arrested for violations of Penal Codes 49.04, Driving While Intoxicated, 49.07, Intoxication Assault, and 49.08, Intoxication Manslaughter who fail a breath test or refuse to provide a breath or blood specimen. Officers will also confiscate the Texas driver’s license from ____ arrested for violations of the _____ _____ _____ 106.041 (DUI).

A

Texas driver’s license
minors
Alcoholic Beverage Code

49
Q

.14 ROUTING OF DWI REPORT FORMS
C. Copies of all applicable DWI related reports are routed to the ____________ when suspects are not booked and charges need to be filed against them by an investigator.

A

Traffic Investigations Detail

50
Q

.15 RESPONSIBILITIES
A. The _______ _______ is responsible for ensuring an adequate number of officers are certified as intoxilyzer/video operators to ensure ________ hour coverage.

A

Traffic Commander

twenty-four (24)

51
Q

.15 RESPONSIBILITIES
B. The _________ supervisor is responsible for the collection of DWI/DUI reports from the report receptacles at the area substations for routing to the Traffic Investigations Detail.

A

Records Unit

52
Q

.15 RESPONSIBILITIES
E. All Service Area and ________ directors are responsible for:
1. Maintaining an adequate supply of portable breath testers;
2. Documenting the issuance of _________; and
3. Coordinating the maintenance of the portable breath testers with the Traffic Section Office.

A

Traffic Shift

portable breath testers

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