Procedure 507-DWI Arrest Procedures Flashcards
.01A. This procedure provides guidelines for the detection, arrest, and processing of drivers who are suspected of;
operating a motor vehicle while intoxicated.
.01B. This procedure also provides guidelines for handling minors who are suspected of;
operating a motor vehicle while under the influence of alcohol.
.01C. In addition, this procedure gives guidance for the implementation of the;
Texas Administrative License Revocation (ALR) Statute for intoxicated drivers who either refuse or fail a blood or breath test.
.01D. This procedure also assigns responsibilities for the assignment of members as qualified intoxilyzer / video operators and the;
maintenance of supplies and equipment used in intoxicated driver testing.
.02. The responsibility to remove intoxicated drivers from the roadway extends to all sworn members of the Department regardless of their;
actual duty status or primary unit of assignment.
.04A. Officers establish probable cause for arresting drivers for DWI or for DUI by Minor by relying on personal knowledge and training, including:
- Personal observation of drivers involved in traffic accidents and or traffic violations;
04A. Officers establish probable cause through development of reasonable suspicion 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.
04A. Officers establish probable cause through personal observation of drivers stopped for the purpose of providing them;
with information [i.e., road conditions ahead]
.04B. After a traffic stop or arrival at a traffic accident scene, the officer shall;
Remove the driver to a place of safety if he or she is suspected of being intoxicated.
.04B. Conduct 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.
.04B. Other sobriety tests that an officer may conduct are:
a. Reciting of the alphabet; and
b. The numerical count.
.04.B. A field sobriety test may be impractical when it would jeopardize the;
safety of the officer or the suspect.
.04B. If after conducting the standardized field sobriety tests 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 DUI in accordance with Section .05 of this procedure.
.04B. Drivers suspected of being intoxicated and who are refusing to perform field sobriety tests are;
transported to the DWI Testing Room to be processed.
.05A. Minors are in violation of the Texas Alcoholic Beverage Code, Section 106.041, Driving Under the Influence of Alcohol by Minor, when they operate a motor vehicle in a;
public place with any detectable amount of alcohol concentration of less than .08 in their system.
.05A. Minors under this offense are individuals;
younger than 21 years of age and include juveniles.
.05B. Minors arrested for DUI or DWI will be processed under the;
Administrative License Revocation Statute in accordance with Section .13 of this procedure.
.05C. Minors operating a motor vehicle who are not intoxicated, 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:
.05C. Arrest the minor for the offense of DUI and offer the minor a voluntary portable breath test at the;
scene of the arrest using a portable breath tester.
.05C. If the minor agrees to a voluntary portable breath test;
perform the test on the minor at the scene.
.05D. If the portable breath test shows any alcohol concentration of less that .08 in a minor’s system who is [17] years of age or older and under [21] years of age, the officer shall;
book the minor into the Detention Center for the class C misdemeanor offense of D.U.I.
.05D. Vehicles driven by minors who are 17 years of age or older are;
impounded
.05E. DUI by Individuals – 10 years of age or older and under 17 years of age [juveniles] when the 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 [1] hour to come to the scene to take custody of the juvenile.
.05E. If the parent or legal guardian of a juvenile comes to the scene to take custody of the juvenile, the juvenile is issued a;
misdemeanor citation for the class C misdemeanor offense of DUI and released to the parent or legal guardian.
.05E. If the parent or legal guardian of a juvenile does not take custody of the juvenile within the allowed [1] hour, the juvenile is issued a misdemeanor citation for the class C misdemeanor offense of DUI and;
transported to the Youth Crimes Services Office for further disposition.
.05E. Vehicles driven by juveniles are released to the;
vehicles registered owner, or impounded in accordance with GM Procedure 607, Impounding Vehicles.
.05E. Vehicles are not released at the scene to individuals;
who are arrested for DUI
.05F. 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.
.05F. Minors, [meaning all] who refuse a standardized field sobriety test and a portable breath test, 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.
.05G. When the arresting officer believes that the violator has no other impairment drugs in their system that would render the subject in violation of DWI, minors who are arrested for DWI and whose Blood Alcohol Concentration level is below 0.08 are;
arrested for D.U.I.
.05H. DUI arrests: SAPD Form # 2-2, Offense / Incident Report, or SAPD Form # 24-1A DWI / Traffic Case Report will be completed listing the probable cause and the results of the;
portable breath test. The letters “DUI” are written across the top of the report in bold print.
.05H. SAPD Form # DIC-24, Statutory Warning is completed if a;
chemical test is given or offered. A copy is given to the minor.
.05H. SAPD Form # DIC-23, Peace Officer’s Sworn Report is completed when a minor is issued a misdemeanor citation for;
DUI or is arrested and booked for DUI.
.05H. SAPD Form # DIC-25, Notice of Suspension, 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.
.05I. All applicable reports and forms, including citations and the minor’s Texas driver’s license, are stapled together and placed in the;
report receptacle located at each area substation.
.05J. 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 Administrative License Revocation Statute.
.06A. Suspected intoxicated drivers are arrested and transported to the;
City of San Antonio Detention Center in accordance with GM Procedure 601, Prisoners.
.06A.When juvenile suspects are arrested, officers are responsible for;
making the proper notifications in accordance with Section .07 of this procedure.
.06B. In conjunction with the arrest of drivers suspected of being intoxicated, officers:
- Collect and record items of evidence;
- Identify and record the names of all passengers and witnesses;
- Record investigative questions and verbal responses made by drivers, 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.
.06C. When available, a secondary officer should be used to;
impound the suspect’s vehicle in order to expedite the processing of the DWI suspect.
.07A. When a juvenile is taken into custody for the offense of DWI, the arresting officer shall promptly give notice of his action, and a statement of the reason, for taking the juvenile into custody, to:
- The juvenile’s parent, guardian, or custodian; and
2. The Youth Processing Office.
.07B. Notification of an arrest of a juvenile may be made through the;
Communications Unit or by the officer himself.
.07B. Officers may utilize the telephone located in the DWI Testing Room to make the notification, which will be documented in the officer’s report, and should be conducted
within (1) hour of the arrest.
.07C. When a juvenile is taken into custody for the offense of (DWI), the juvenile will be given testing preference in the;
DWI Testing Room
.07D. Interaction between adults and juveniles in the Detention Center and DWI Testing Room;
should be kept to a minimum.
.07E. An SAPD Officer guards juveniles at all times while in the;
Detention Center and DWI Testing Room.
.07F. Prior to the breath test, and for processing after the breath test, Juvenile DWI suspects are taken into the;
office area of the DWI Testing Room for observation.
.07G. Juvenile DWI suspects shall be read SAPD Form DIC-#24, 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 chemical test.
.07G.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 attorney.
.07H. Upon completion of all testing procedures, the juvenile must be taken to the;
Youth Processing Office for processing.
.08A. Suspects are thoroughly searched, and must be handcuffed prior to;
entering the Detention Center.
B. Suspects will remain handcuffed at all times while in the Detention Center, except when in the;
DWI Testing Room. [prior question]
C. Officers secure their weapons in the gunlock boxes provided at the;
entrance to the Detention Center. [prior question]
.08D. DWI suspects will be searched by a detention guard when the suspects;.
enter the Detention Center
.08D. Officers will advise detention center personnel that they have a DWI suspect so that;
searching priority will be given to the suspect.
.08E. 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. [prior question]
.08E. A Magistrate Services-Detention Center Form #17, Registration / Property Form, will be filled out and signed by the;
detention guard, the arresting officer, and the DWI suspect. [prior question]
.08E. In the event the DWI suspect is to be released from custody, he is returned to the;
booking area and all personal property listed on the Registration / Property Form is returned. [prior question]
.08G. Who will unlock the door to the DWI Testing Room for intoxilyzer operators or officers with DWI suspects?
A detention guard supervisor. [prior question]
.08H. While tests are being administered, which persons are allowed in the DWI Testing Room at the City of San Antonio Detention Center?
Only persons on authorized police business or persons with the expressed permission of the Chief of Police. [prior question]
.08I. Adult suspects taken to the DWI Testing Room are seated at the;
interview cubicle on the side that restricts the suspect’s field of vision. [prior question]
.08I. In accordance with Section .07 of this procedure, Juvenile suspects, in the DWI Testing Room, are seated in the;
office area. [prior question]
.08I. These prisoners will remain handcuffed while in the DWI Testing Room.
Violent and uncooperative prisoners
.08I. All prisoners will be handcuffed prior to leaving the;
DWI Testing Room.
.08I. DWI suspects who pass the intoxilyzer test will also be handcuffed until;
they have been processed out of the Detention Center.
.08J. Who will lock the door to the DWI Testing Room?
A detention guard supervisor when notified by the intoxilyzer operator or officer that the room is vacant.