GM 507 Flashcards
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.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 personal knowledge and training, including:
1. P______of drivers involved in traffic accidents and or traffic violations;
2. R_____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. P_____of drivers stopped for the purpose of providing them with information (i.e., road
conditions ahead).
- Personal observation
- Reasonable suspicion
- Personal observation
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. ____; and
b. ______.
a. Reciting of the alphabet; and
b. The numerical count.
.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 .08 in their system are in violation of the Texas Alcoholic Beverage Code, Section 106.041, Driving Under the Influence of Alcohol by Minor.
1. Minors under this offense are individuals ______of age and include juveniles.
2. Individuals, 21 years of age or older, are not charged for the offense of DUI.
1) younger than 21 years
.05 DRIVING UNDER THE INFLUENCE OF ALCOHOL
E. DUI by Individuals – (10 years of age or older and under 17 years of age)
1. If the juvenile’s portable breath test shows any alcohol concentration of less than .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
one (1) hour
.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 _________and released to the parent or legal guardian.
misdemeanor citation for the class C misdemeanor offense of DUI
.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 detectable amount of alcohol is determined to be in the minor’s system. Minors, who ________, are arrested for DWI and returned to the DWI Testing Room to be processed for DWI when the arresting officer develops probable cause to establish an arrest for DWI.
refuse a standardized field sobriety test and a portable breath test
.06 DWI ARREST AND VEHICLE DISPOSITION
B. In conjunction with the arrest of drivers suspected of being intoxicated, officers:
1. Collect and record ______;
2. Identify and record the _______; and
3. Record investigative ________, the smell of intoxicants on drivers, and other identifying factors that may indicate to the officer that the driver is intoxicated at the time of the arrest.
1) items of evidence
2) names of all passengers and witnesses
3) questions and verbal responses made by drivers
.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 custodian; and
2. The ________Office.
Youth Processing
.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.
Communications Unit
one (1) hour
.08 DWI TESTING ROOM SECURITY
H. Only persons on authorized police business or persons with the expressed permission of the ______are allowed in the DWI Testing Room at the City of San Antonio Detention Center while tests are being administered.
Chief of Police
.08 DWI TESTING ROOM SECURITY
J. A _______will lock the door to the DWI Testing Room when notified by the intoxilyzer operator or officer that the room is vacant.
detention guard supervisor
.09 PRE-TESTING PROCEDURES FOR DWI
B. A qualified intoxilyzer/video operator is assigned to the DWI Testing Room every day from ____to___. During other times the arresting officer will request a qualified on-duty intoxilyzer/video operator through the Communications Unit.
2000 hours to 0600 hours
.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
A. The Portable Breath Test – Voluntary
1. Portable breath testers will only be used and administered to drivers under the following conditions:
a. To determine any detectable amount of alcohol in a minor’s system, when an officer has ______to
believe that a minor is operating a motor vehicle while under the influence of alcohol;
b. To determine any detectable amount of alcohol in a driver’s system while operating a _____ motor
vehicle; and
c. When a driver is suspected of driving while intoxicated and is _____or_____to the point where he/she is unable to perform the Standardized Field Sobriety Test (SFST).
a) probable cause
b) commercial
c) injured or physically disabled
.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
A. The Portable Breath Test – Voluntary
4. The portable breath testers will be carried by______. They will immediately respond to a scene and provide officers with the portable breath tester when applicable as outlined in Section .10, Subsection A1 of this procedure. In the event a supervisor is unable to respond to the scene, the minor may be offered a portable breath test at the nurse’s station within the City Detention Center.
field supervisors
.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
B. The Breath Test - Voluntary
e. Depending on the results of the_______and/or_____the suspect is either:
(1) Released from custody and transported to the Growdon Storage Facility to recover his vehicle if not
otherwise impaired; or (2) Booked into the City of San Antonio Detention Center or the Bexar County Juvenile Detention Center for the offense of DWI with a supervisor’s approval, according to booking procedures.
drug recognition evaluation by the drug recognition expert and/or the probable cause established by the videotape
.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
B. The Breath Test - Voluntary
c. Evaluated by a drug recognition expert (DRE) - The suspect exhibits symptoms of intoxication but the
breath test does not indicate a significant level of alcohol concentration consistent with the impairment. If
the suspect consents to a drug evaluation, proceed under the direction of the drug recognition expert. If the
suspect refuses a drug evaluation, proceed to the next step, _____.
videotaping of the suspect
.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 _______; or
b. When the suspect is ________.
a) under the influence of drugs
b) sick or injured and is to be transported to a medical facility for treatment
.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
C. Blood Test - Voluntary
3. When blood is obtained through a warrant and drawn at the Magistrate’s Office, the blood, along with the
completed Bexar County MEO Toxicology Laboratory – Analysis Request Form, are placed in the same
envelope and put in the _______
Magistrate’s evidence refrigerator.
.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
D. Blood Test – Mandatory
1. A mandatory blood test will be taken if a traffic accident resulted in a ______ and the officer has probable cause to believe that the accident occurred because a driver was operating a motor vehicle while intoxicated.
death or causes serious bodily injury to another