GO 500-04 Driving while Intoxicated

Question 1

After arresting a DWI suspect and properly disposing of the suspect’s vehicle, the officer shall _______________________________________________

Answer 1

transport the prisoner to the nearest police facility capable of processing a DWI suspect

Question 2

An intoxilyzer facility 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 ________as the arrest.

Answer 2

county

Question 3

Upon arrival at the police DWI facility capable of processing a DWI suspect, the arresting officer shall:

Answer 3

a. Ensure prisoners are handcuffed at all times while in the video section except while being recorded or given an intoxilyzer (breath) test.
b. Complete all applicable forms.

Question 4

There are DWI evidence technicians on duty during all shifts to assist officers with their DWI cases. DWI evidence technicians’ responsibilities shall include:

Answer 4

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

Question 5

Violent prisoners shall remain _____and shall be taken directly to a designated jail facility.

Answer 5

handcuffed

Question 6

Violent prisoners shall not be taken into a video room to be recorded or given a breath test. 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.

Answer 6

Driver Improvement Center (DIC)

Question 7

Before requesting a breath specimen, the arresting officer shall complete a ______________ on the suspect to determine whether or not the suspect qualifies for a mandatory specimen

Answer 7

criminal background check

Question 8

If the suspect does qualify for a mandatory blood specimen then the arresting officer shall request blood from the suspect and execute a ______________only in the event the suspect refuses to provide the required specimen.

Answer 8

Mandatory Blood Specimen form (THP-51)

Question 9

If the arresting officer is assisted by an evidence technician at the DWI processing facility, the officer must remain _____during the entire time the evidence technician is conducting the breath test and video recording

Answer 9

present

Question 10

Since the evidence technician is not a sworn peace officer, the arresting officer shall read the ___________to the suspect on the video recording and request the specimen of breath and/or blood.

Answer 10

Statutory Warning (DIC-24)

Question 11

The arresting officer is responsible for completing the following procedures prior to the
administration of a breath test from a suspect:

Answer 11

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.

Question 12

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.

Answer 12

Peace Officer’s Sworn Report form (DIC-23), Notice of Suspension form (DIC-25)

Question 13

In DWI arrests in which a person either refuses to be tested or fails the breath test, the arresting officer is required to confiscate the person’s Texas driver license, if the person has a license, and issue a ___________ to any person refusing to provide a specimen.

Answer 13

DIC-25 (Notice of Suspension)

Question 14

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:

Answer 14

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.

Question 15

At no time shall a suspect be ______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.

Answer 15

forced

Question 16

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:

Answer 16

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.

Question 17

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 ______________ necessary in order to obtain the specimen.

Answer 17

minimal force

Question 18

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:

Answer 18

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.

Question 19

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 ____________

Answer 19

Mandatory Blood Specimen form (THP-51)

Question 20

Requested or required blood samples shall be drawn by only _____________ personnel on duty at a hospital or medical facility, a qualified technician provided by the District Attorney’s Office, or a qualified technician at an HPD DWI processing facility.

Answer 20

qualified medical

Question 21

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 on-call
_____________________ prior to having blood drawn.

Answer 21

Vehicular Crimes Prosecutor

Question 22

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:

Answer 22

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

Question 23

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

Answer 23

Command Center

Question 24

A DRE shall be called for all fatal crashes when the at-fault driver is not ________

Answer 24

deceased

Question 25

A DRE shall be called if an HPD employee is possibly under the influence of an intoxicant or at the request of an____________supervisor

Answer 25

Internal Affairs Division (IAD)

Question 26

A urine specimen may be taken from a prisoner when any of the following are true. The suspect:

Answer 26

a. Consents.
b. Was driving any commercial vehicle.
c. Is suspected of being under the influence of drugs and has been examined by a DRE who then requests the urine sample.

Question 27

DWI suspects under 17 years of age shall be taken to the intoxilyzer testing room and given the opportunity to submit to a breath test, but the request to give a specimen must be____________

Answer 27

video recorded.

Question 28

If the juvenile refuses the intoxilyzer test, a blood specimen shall not be requested unless the juvenile has an __________ present

Answer 28

attorney

Question 29

If during the investigation an officer determines that the suspect does not meet
the legal definition of intoxication but has any detectable amount of alcohol, the suspect should
be charged with the Class C offense of __________________________________

Answer 29

Minor Driving under the Influence of Alcohol or Minor DUI.

Question 30

A child cannot voluntarily submit to a _____________specimen on his own; the child and his attorney would have to agree to give up the child’s rights.

Answer 30

blood