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Driving Under the Influence

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159 Questions

What is the primary policy of the Omaha Police Department regarding driving under the influence?

To enforce laws prohibiting driving under the influence

When an officer suspects a person is driving under the influence, what action will they take according to the policy?

Direct the suspect to perform Field Sobriety Tests

What is considered a 'Drug' in the context of this policy?

Any substance that impairs the ability to operate a vehicle

Who is a Drug Recognition Expert (DRE) according to the provided information?

A person who successfully completed an IACP approved program

What is the next step after an officer places a suspect under arrest for DUI?

Direct the suspect to submit to appropriate chemical test(s)

What is the aim of the Drug Evaluation and Classification Program (DECP) as outlined by the Nebraska Office of Highway Safety?

To educate officers on drug recognition techniques

What form needs to be completed when issuing an electronic citation?

Electronic Crash Report/Accident Report

What must the reporting officer do if the suspect has been involved in a traffic crash and alcohol is present?

Mark appropriate boxes on the Electronic Crash Report/Accident Report

Which crime is classified as a Class IIA Felony when a driver is impaired and has a prior conviction for violation of specific statutes?

Motor Vehicle Homicide of an Unborn Child

What must officers complete on page four (4) of the DUI Supplementary/Field Notes Report (OPD Form 26)?

Rights Advisory Section

Which National Highway Traffic Safety Administration (NHTSA) test should be the final one administered by officers during DUI investigations?

Preliminary Breath Test (PBT)

In what situation are officers encouraged to transport subjects to a secure location to conduct Field Sobriety Tests?

When SFSTs cannot be performed safely at the scene

What action should officers take if unable to administer SFSTs during DUI investigations?

Provide a brief explanation in their Supplemental Reports

'Rights Advisory Section' on page four of the DUI Supplementary/Field Notes Report includes:

'A list of standard interview questions'

'Motor Vehicle Homicide of an Unborn Child' is classified as a Class IIA Felony under what specific circumstances?

'When the driver is impaired and has a prior conviction for specific violations'

'OPD sworn supervisors' are responsible for monitoring what pattern in officers' DUI investigative reports?

'Failure to conduct Field Sobriety Tests'

What is the minimum requirement for officers to conduct an Evidentiary Breath Test (EBT)?

Being EBT certified and obtaining a sufficient sample from the suspect

Where should a DUI suspect be taken for EBT if the arresting officer is not EBT certified?

To OPD Headquarters

What action should non-EBT certified officers take to conduct an EBT?

Contact EBT certified officers for assistance

Why do officers need to closely monitor suspects during DUI testing?

To provide assistance in case of an emergency

What is the purpose of the panic alarm button in the OPD Headquarters DUI testing room?

To activate blue flashing lights and sirens for assistance

In what scenario would non-EBT certified officers contact an EBT certified officer?

When arresting a subject for DUI or a related offense

What should officers do if an emergency arises during DUI testing at a precinct?

Use the panic alarm button or radio to summon assistance

What is required according to U.S. Supreme Court decision in Birchfield v. North Dakota to conduct a blood test?

Having a warrant.

What is stated regarding suspects during alcohol testing at a precinct?

Only compliant, non-combative suspects will be processed.

When can officers use an emergency button during alcohol testing at a precinct?

In cases where an emergency arises.

Why is it crucial for officers to conduct blood and urine tests promptly after a DUI arrest?

To ensure the accuracy of the test results before alcohol dissipates significantly.

In situations where a suspect is unconscious, what is the requirement for officers before conducting a blood or urine test?

Officers must first obtain a warrant even if the suspect is unconscious.

What could be a consequence for a driver who refuses to submit to a breath test during a DUI arrest?

The arresting officer will re-advise the suspect on the implications of refusal.

Why have courts established a 20-minute time frame for determining a 'reasonable attempt' for suspects' access to an attorney before testing?

To balance the suspect's rights with the need for timely chemical testing.

What is the significance of the approximate alcohol dissipation rate of .015 per hour in relation to DUI chemical tests?

It suggests that delaying tests could lead to lower BAC readings than at the time of arrest.

What is the legal requirement regarding reading the OPD Post-Arrest Chemical Test Advisement form for unconscious suspects?

The form must be read, regardless of whether the suspect is conscious or unconscious.

What action will be taken if a suspect's EBT result is 0.08 or greater?

The suspect will be booked or cited for 'Driving Under the Influence'

What will officers do if the EBT result is less than 0.08?

Officers will complete the DUI reports

When a blood test may be given?

If the breath testing equipment is not available or if a breath test cannot be given due to certain circumstances

What is required before officers can conduct a blood test?

A warrant, as per Birchfield v. North Dakota and local hospital procedures

What should officers do if a warrant is obtained for a blood test and the suspect still refuses?

Issue a citation or arrest for refusal

In which situation will a suspect be charged with 'Driving Under the Influence' under NRS §60-6,196 or Omaha Municipal Code 36 115?

If the officer suspects drug use by observing the suspect's behavior

When are blood samples taken from suspected intoxicated drivers?

'When they are to be given a blood test' and require transportation to a hospital emergency room

What should officers do with blood containers after samples are collected?

'Make sure they are properly labeled with suspect details, signed or initialed, and thoroughly documented'

How should officers ensure blood vials are sealed correctly?

'Seal them with GRAY STOPPERS and check for a specific observation'

'Automatic License Revocation (ALR) procedure applies' in which cases?

'Whether or not the BAC is above 0.08 or if subject refuses any evidentiary chemical test'

Where is the emergency button located at the West Precinct?

On the south side of the EBT/Interview Room

Where should officers park at the West Precinct?

On the west side of the building in the UPB parking lot

What is required for officers to access the dedicated interview room at the West Precinct?

An OPD identification badge card

How can officers summon assistance in case of an emergency at the Douglas County Sheriff’s Office (DCSO)?

By using the emergency button in the interview room

What should officers do if EBTs at all locations are out of service for testing juveniles?

Contact the DCSO Crime Lab before transporting a juvenile to DCSO

What is critical for proper identification on Infrared Absorption Checklist – Attachment 16 (OPD Form 26K)?

Suspect's right index fingerprint

What is recommended when officers do their own EBT testing with an outside agency?

Attach a copy of the test record to Infrared Absorption Checklist – Attachment 16 (OPD Form 26K)

What additional document does an OPD officer need to provide to Ralston Police Department (RPD) for their records?

RPD DUI Fee Assessment Form Copy

What is the primary purpose of a Drug Recognition Expert (DRE) evaluation?

To determine if the subject is under the influence of drugs or alcohol

What is the primary difference between an Evidentiary Breath Test (EBT) and a Preliminary Breath Test (PBT)?

An EBT is more accurate than a PBT and can be used as evidence in court

Which of the following is NOT a responsibility of the Primary Officer during a DUI investigation?

Administering the Evidentiary Breath Test (EBT)

According to the procedure, when is a Preliminary Breath Test (PBT) NOT absolutely necessary during a DUI investigation?

All of the above

What is the primary responsibility of the Secondary Officer during a DUI investigation?

Providing safety back-up to the Primary Officer

Which of the following is NOT one of the Standardized Field Sobriety Tests (SFSTs) developed by the National Highway Traffic Safety Administration (NHTSA)?

Finger-to-Nose Test

What is the purpose of the Miranda warning during a DUI investigation?

To inform the suspect of their right to remain silent and right to an attorney

According to the procedure, when can the Primary Officer turn the DUI investigation over to a Secondary Officer?

When approved by command

What reports are required to be completed by the Primary Officer after making a DUI arrest?

DUI Supplementary Report/Field Notes form and Supplementary Report

Which of the following devices is NOT listed as a State of Nebraska-approved Evidentiary Breath Test (EBT) device?

Breathalyzer

What form must officers complete and submit to the EPU along with the blood sample?

Drug and Alcohol Submittal Form (OPD Form 278)

What is the responsibility of the EPU or its designee regarding the blood sample?

Transporting the sample for testing to the UNMC Lab

What does the EPU do with the original lab results report from the UNMC Lab?

Stamps it as an 'Original', adds the OPD RB number, forwards it to the OPD Data Unit, scans and emails a copy to the Primary Officer and their supervisor, and sends a copy to the City Prosecutor's Office

If a suspect is found to have two prior convictions and a blood test is given, what action should the Primary Officer take if the evidentiary blood test indicates a BAC equal to or greater than 0.15?

Apply for a felony warrant

What type of test should be used for legal or illegal drug detection, according to the text?

Urine test

If a subject initially refuses a urine test, what should officers do according to the text?

Advise them that the officer will obtain a warrant if they refuse to consent

What is the required minimum amount of urine sample for lab analysis, according to the text?

25 ml

What form must officers complete and submit to the EPU along with the urine sample?

Evidence Submittal Form (NSP 750)

Where are the urine samples transported for testing, according to the text?

NSP Crime Lab

What does the EPU do with the original urine test results report from the NSP Crime Lab?

Stamps it as an 'Original', adds the OPD RB number, forwards it to the OPD Data Unit, and scans and emails a copy to the Primary Officer and their supervisor

According to the policy, what must an officer obtain if they suspect a combination of alcohol and drugs?

A warrant for blood and urine tests

Under what circumstances should a Drug Recognition Expert (DRE) be called to conduct an evaluation?

When the suspect exhibits signs of impairment inconsistent with their BAC

If a DRE is not available, what should the investigating officer(s) do?

Proceed with the arrest and document the reasons for suspecting drug impairment

What is the suspect's right regarding additional testing by their own physician?

The suspect can have their physician evaluate and order additional tests

If a suspect wishes to contact their attorney regarding implied consent, what must the officer do?

Allow the suspect to call their attorney and wait a reasonable amount of time

What should an officer do if a suspect is unable to contact their attorney after a reasonable attempt?

Proceed with testing without the attorney's input

If a suspect's blood alcohol concentration (BAC) is below 0.08 and they refuse the breath test, what should the arresting officer do?

Attempt to contact an on-duty DRE officer

What should the arresting officer do while waiting for the DRE to arrive?

Complete the DUI Supplementary Report/Field Notes form

What should the DRE do upon arrival at the scene?

Conduct a preliminary examination to determine if signs of intoxication exist

If the DRE determines that the subject exhibits signs of intoxication inconsistent with their BAC, what should they do?

Conduct a standardized evaluation

What is the primary responsibility of a Drug Recognition Expert (DRE) during a DUI investigation?

Evaluating suspects for signs of drug impairment

According to the policy, what is a 'Drug' considered to be?

Any substance that impairs a person's ability to safely operate a vehicle

When should an officer direct a suspect to perform Field Sobriety Tests during a DUI investigation?

Upon encountering physical signs of intoxication in the suspect

What action should the officer take if the suspect refuses to submit to appropriate chemical tests during a DUI arrest?

Follow departmental guidelines for refusal procedures

What does the acronym DRE stand for in the context of DUI investigations?

Drug Recognition Expert

Which of the following is a requirement outlined in the policy regarding suspects exhibiting physical signs of intoxication?

Placing them under arrest immediately

What is the legal requirement for officers when a suspect is unconscious and a blood and/or urine test needs to be conducted?

Obtain a warrant before conducting the test.

What is the average rate at which alcohol dissipates in the body per hour, according to the text?

.015

What action is required when a driver refuses to submit to a breath test during a DUI arrest?

Re-advise the suspect about the consequences of refusal.

Under what circumstances can officers test suspects even when they are unconscious?

When proper legal procedures, including obtaining a warrant, are followed.

What is the significance of obtaining chemical tests promptly after a DUI arrest?

To ensure accurate BAC readings before dissipation occurs.

What is the legal requirement if officers need to conduct a blood and/or urine test on a conscious suspect?

Obtain a warrant before testing.

When a suspect is given an EBT and the result is less than 0.08, what will the officer do?

Complete the DUI reports

What should officers do if a suspect's actions suggest they may be under the influence of drugs?

Charge the suspect for DUI under NRS §60-6,196 or Omaha Municipal Code 36 115

What must officers do before conducting a blood test if breath testing equipment is not available?

Obtain a warrant to conduct the blood test

When should officers take blood samples from suspected intoxicated drivers?

When transporting suspects to a hospital emergency room

What should officers do with blood vials containing samples from suspected intoxicated drivers?

Note any observation of gray powder at the tube bottom

What is required before officers can transport suspected intoxicated drivers to a hospital for blood tests?

Requesting on-duty medical professionals to extract blood

How should officers ensure proper identification of blood samples collected from suspected intoxicated drivers?

Document medical professionals' information for subpoena purposes

What should officers do if an unconscious suspect requires a blood test?

Obtain a warrant to conduct the blood test

What is the purpose of reading the OPD Post-Arrest Chemical Test (OPD Form 26B) to a suspect?

To explain the consequences of refusing a breath test

What is the significance of the U.S. Supreme Court decision in Birchfield v. North Dakota regarding blood tests?

It requires warrants for conducting blood tests

Under what circumstance would an Evidentiary Breath Test (EBT) be repeated?

If the suspect does not provide a sufficient sample

Where are EBT devices located at the Northwest Precinct and Southwest Precinct?

In specific rooms at each precinct

What action should officers take if an emergency arises during DUI testing at the OPD Headquarters?

Summons assistance using a portable radio

What is the policy regarding suspects being left unattended at the Northwest Precinct and Southwest Precinct during EBT testing?

Officers shall closely monitor suspects at all times

What is the preferred method for summoning assistance in case of an emergency at the Southwest Precinct?

Use the emergency button on the portable radio

Why is it important for officers to avoid double jeopardy-type situations in relation to Evidentiary Breath Tests (EBT)?

To maintain fairness and accuracy in testing procedures

What is a key precaution mentioned in relation to alcohol testing by officers?

Monitoring suspects closely at all times during testing procedures

What should non-EBT certified officers do differently than EBT certified officers before administering DUI testing?

Contact Forensic Investigations to administer the EBT test

What should officers do if a suspect with a BAC below 0.08 refuses the breath test and the arresting officer reasonably believes the suspect is impaired by drugs?

Contact the 911 operator for a citywide broadcast requesting a DRE officer.

What must the arresting officer do if a DRE is not available for evaluation during a suspected drug-related impairment case?

Make an arrest and articulate reasons for drug impairment belief in reports.

Under what circumstances would an on-duty DRE be called to respond to cases not involving driving offenses?

When suspects show signs of intoxication inconsistent with BAC.

What should officers do if a suspect refuses the breath test and is believed to be impaired by drugs but there is no available DRE?

Make an arrest and document reasons for drug impairment belief.

What action should officers take if a suspect's BAC is less than 0.08 or if the suspect refuses the breath test but is suspected to be impaired by drugs other than alcohol?

Attempt to make contact with an on-duty DRE by calling 911 operator.

What should officers do if a suspect with a BAC below 0.08 refuses the breath test and there is suspicion of drug impairment but no available DRE?

Conduct immediate blood tests.

What action should officers take if no DRE is available and there is reasonable belief of drug impairment?

Make an arrest and document reasons for drug impairment belief.

What should officers do if a suspect refuses chemical tests and there is suspicion of drug impairment but no available DRE for evaluation?

Attempt to make contact with an on-duty DRE or conduct immediate blood tests.

What course of action should officers take if a suspect refuses chemical testing but there is suspicion of impairment by drugs other than alcohol?

Document reasons for drug impairment belief and make an arrest.

According to the policy, what must officers do if they are unable to administer Standardized Field Sobriety Tests (SFSTs) for any reason?

Thoroughly detail the reasons in their Supplemental Reports.

Which of the following is a Class IIA Felony when the driver is impaired and has a prior conviction for specific violations?

Causing the death of another person or unborn child.

What should officers do if a suspect agrees to answer the questions in the Rights Advisory Section of the DUI Supplementary/Field Notes Report?

Accurately record the suspect's statements.

According to the policy, under what circumstances should officers attempt to transport subjects to a secure location to conduct Field Sobriety Tests?

When roadway conditions or officer safety issues prohibit safe testing at the scene.

What should officers do if a suspect refuses to submit to a Preliminary Breath Test (PBT)?

Place the suspect under arrest for violating a specific statute and direct them to submit to a breath test.

According to the policy, what should officers do if they suspect a combination of alcohol and drugs in a DUI case?

Request the assistance of a Drug Recognition Expert (DRE).

What is required by the U.S. Supreme Court decision in Birchfield v. North Dakota to conduct a blood test during a DUI investigation?

A warrant or exigent circumstances.

According to the policy, what should officers do if an emergency arises during DUI testing at a precinct?

Request assistance from other officers or personnel at the precinct.

According to the policy, what is the legal requirement regarding reading the OPD Post-Arrest Chemical Test Advisement form for unconscious suspects?

The form does not need to be read if the suspect is unconscious.

According to the policy, what is critical for proper identification on the Infrared Absorption Checklist – Attachment 16 (OPD Form 26K)?

The date and time of the breath test.

What should officers do if they are unable to print the EBT test record on the Infrared Absorption Checklist?

Attach the original test record printout to the Infrared Absorption Checklist

How should officers at the Ralston Police Department (RPD) summon assistance in an emergency situation during DUI testing?

Use the emergency button on their portable radio

What should officers do if a juvenile suspect needs to be tested on the EBT at the Douglas County Sheriff's Office (DCSO)?

Contact the DCSO Crime Lab to coordinate the arrival and ensure no contact with adult arrestees

What is the purpose of obtaining the suspect's right index fingerprint on the Infrared Absorption Checklist?

To ensure proper identification of the suspect

What should officers do if they are unable to print the EBT test record directly on the Infrared Absorption Checklist?

Attach the original test record printout to the Infrared Absorption Checklist

Where should officers send the original Infrared Absorption Checklist with the attached EBT test record printout?

To OPD Forensic Investigations without delay

What should officers do if the EBTs at all other locations are out of service and they need to test a juvenile suspect?

Use the DCSO EBT to test the juvenile suspect

What should officers do if they are unable to obtain the suspect's fingerprint on the Infrared Absorption Checklist?

Proceed without the fingerprint, but make a note in the report

What should officers enter in the 'Test Number' field of the EBT test record?

The RB Number

How should officers deliver the original Infrared Absorption Checklist with the attached EBT test record printout to OPD Forensic Investigations?

Hand deliver or send via inter-office mail

What should officers do if the suspect has two prior convictions and a blood test indicates a BAC equal to or greater than 0.15?

Apply for a felony warrant

What is the proper procedure for collecting a urine sample for drug testing, according to the text?

The officer must wear rubber gloves and observe the suspect during the collection procedure

What should the EPU (Evidence and Property Unit) do with the original lab results report from the UNMC Lab for blood tests?

Stamp the report as an 'Original', add the OPD RB number, forward it to the OPD Data Unit, scan and email a copy to the Primary Officer and their supervisor, and send a copy to the City Prosecutor's Office

What are officers required to do if a suspect continues to refuse to provide a urine sample after a warrant has been obtained?

Book the suspect and charge them with Refusal to Submit to a Chemical Test

Where are the urine samples transported for testing?

The accredited NSP Crime Lab

What form must officers complete and submit to the EPU along with the urine sample?

Nebraska State Patrol (NSP) Crime Lab's 'Evidence Submittal Form' (NSP 750)

What should the EPU do with the original urine test results report from the NSP Crime Lab?

Stamp the report as an 'Original', add the OPD RB number, forward it to the OPD Data Unit, and scan and email copies to the Primary Officer and their supervisor

In which situation will a suspect be charged with 'Driving Under the Influence' under NRS §60-6,196 or Omaha Municipal Code 36 115, according to the text?

If a blood test is performed, regardless of the result

What should officers do if a suspect initially refuses a urine test?

Advise the suspect that the officer will obtain a warrant if they refuse to consent

What is the minimum required amount of urine sample for lab analysis, according to the text?

25 ml

According to the procedure, what is the primary responsibility of the Secondary Officer during a DUI investigation?

Providing safety back-up to the Primary Officer

What is a Drug Recognition Expert (DRE) qualified to determine, according to the provided information?

The broad categories of drugs likely to have caused impairment in the subject

Which of the following statements regarding Evidentiary Breath Test (EBT) devices is correct?

EBT devices are approved by the National Highway Transportation Safety Administration (NHTSA) and listed on the NHTSA Department of Transportation (DOT) Conforming Products List

According to the procedure, when is a Preliminary Breath Test (PBT) NOT absolutely necessary during a DUI investigation?

When the arresting officer determines, through other means, that the motorist is too impaired to operate a motor vehicle safely and the PBT is unavailable at the scene

Which of the following is NOT listed as one of the Primary Officer's responsibilities during a DUI investigation?

Providing safety back-up to the Secondary Officer

What should a Drug Recognition Expert (DRE) do upon arrival at the scene of a DUI investigation, according to the provided information?

Conduct a standardized and systematic evaluation of the subject

Under what circumstances should a Drug Recognition Expert (DRE) be called to conduct an evaluation, based on the provided information?

When the subject exhibits signs of intoxication inconsistent with their Blood Alcohol Content (BAC)

Which of the following is NOT one of the Standardized Field Sobriety Tests (SFSTs) developed by the National Highway Traffic Safety Administration (NHTSA)?

Finger-to-Nose Test

According to the policy, what must an officer obtain if they suspect a combination of alcohol and drugs during a DUI investigation?

The policy does not specify any particular requirement in this situation

Which of the following devices is NOT listed as a State of Nebraska-approved Evidentiary Breath Test (EBT) device?

Breathalyzer

Learn about the confidential policy of the Omaha Police Department regarding enforcing laws against driving under the influence of alcohol and/or drugs. Understand how officers conduct investigations when encountering individuals exhibiting signs of intoxication.

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