17-12 Intoxicated Driving Arrests Procedure

Intoxicated Driving Arrests

• Procedural instruction provides detailed procedures for processing intoxicated driving arrests.
• Applies to all sworn members of the Kansas City, Missouri Police Department.

Terminology

• Commerce: the exchange or buying and selling of commodities on a large scale involving transportation from place to place.
• Commercial Driver's License (CDL): a license issued to an individual to operate a commercial motor vehicle.
• Commercial Motor Vehicle: a self-propelled or towed vehicle used in commerce to transport passengers or property.
• Drive, Driving, Operating: physically driving or operating a motor vehicle, including physical control alone.
• Implied Consent: any person who operates a motor vehicle in Missouri is deemed to have given consent to a chemical test.
• Log Book: a book containing daily records of hours and routes, carried and kept by drivers.
• On-Duty Time: time from when a commercial vehicle driver begins work to when they are relieved from work.
• Out-of-Service: when a commercial vehicle operator is officially told not to operate any commercial vehicle for the next 24-hour period.
• Refusal: an arrestee declining to take a chemical test.
• Valid Chemical Sample: a complete and adequate chemical sample for the chemical test to be valid.

Arrest and Testing

• Standardized Field Sobriety Testing (SFST) is used to determine if a driver is under the influence of alcohol or other drugs.
• The SFST consists of the Horizontal and Vertical Gaze Nystagmus, Walk-And-Turn, and the One-Leg-Stand tests.
• The sworn member will have the driver perform the SFST at the scene of the arrest, unless exigent circumstances exist.
• If the driver cannot successfully complete any of the field sobriety tests, or refuses to complete any of the tests, the sworn member will arrest the driver for driving while under the influence of alcohol or other drugs.

The Miranda Warning

• The warning is read verbatim to the arrestee prior to any questioning, using the Miranda Warning portion of the Alcohol Influence Report, D.O.R. Form 2389.
• The warning does not need to be read prior to any chemical or field test.

The Implied Consent Law

• The law is read verbatim to the arrestee prior to any chemical test, using the Implied Consent Portion of the Alcohol Influence Report, D.O.R. Form 2389.
• The law applies to all persons who operate a motor vehicle in Missouri.

Chemical Breath Test

• The chemical breath test is the primary method for determining blood alcohol content (BAC).
• The arrestee does not have a choice of which statutory chemical test to take.
• If an arrestee refuses to take a chemical breath test, the sworn member will complete the refusal paperwork.

DWITS or D.O.R. System

• To determine if an arrestee has two prior alcohol-related enforcement contacts, the arrest must be checked in the Driving While Intoxicated Tracking System (DWITS) or D.O.R. System.
• Only the D.U.I. Section or Traffic Investigation Section (T.I.S.) personnel have access to these systems.

Contacting an Attorney

• If an arrestee requests to contact an attorney, the arrestee must be given 20 minutes to attempt to contact an attorney after the implied consent has been read.
• A phone must be available when the 20-minute time period is started.
• The arrestee may call anyone during the 20-minute period for assistance in contacting an attorney.

Additional Procedures

• A mandatory court appearance is required when a sworn member issues citations for driving or operating a motor vehicle while in a drugged/intoxicated condition.
• Sworn members will follow the procedures in accordance with the current written directive entitled, “Court Procedures.”
• Test result information will be made available to the subject verbally by the sworn member conducting the breath test.### Laboratory Hours and Specimen Handling
• The laboratory is open on Sunday from 2100 hours and closes on Friday at 2100 hours.
• When the laboratory is closed, the specimen will be transported to the Traffic Investigation Section for refrigeration.

Form 26 P.D. and CMH Form

• The Form 26 P.D. and CMH form must be attached to the blood recovery packaging by staple or paperclip.
• The forms will be scanned into Intellivue as part of the case file.
• The sworn member will staple the original and a copy of the Form 26 P.D. onto the blood recovery packaging as the chain of custody document.

Refusal to Collect or Release a Specimen

• If medical personnel refuse to collect a specimen or release the collected specimen, the sworn member's supervisor will:
  • Contact the nursing supervisor to discuss the reason for the refusal.
  • Contact the hospital's Director of Shift Operations if the nursing supervisor continues to refuse.
• The sworn member will note the refusal and pertinent details in the remarks section of the Alcohol Influence Report, D.O.R. Form 2389.

Administrative Suspension/Revocation

• Driver's licenses will be administratively suspended or revoked for any person, regardless of age, whose BAC is 0.08% or greater.
• For persons under 21 years of age:
  • Driver's license will be administratively suspended or revoked for any person who has been stopped while driving with a BAC of 0.02% or more.
  • The sworn member can request a person under 21 to submit to a chemical test if they have probable cause to believe the person is driving with a BAC of 0.02% or more.

Juvenile Procedures

• For juveniles under 15 years of age:
  • A Deputy Juvenile Officer (DJO) and the juvenile's parent(s) must be present before any questioning is conducted.
  • The sworn member will complete the test, and the DJO and parent(s) do not need to be present for the chemical test.
• For juveniles over 15 years of age:
  • They will be treated in court as an adult traffic violator.
  • Sworn members do not need to notify a DJO or the parents or legal guardian of the juvenile.

Refusal to Submit to a Chemical Test

• If a person refuses to submit to a chemical test, the sworn member will:
  • Complete the Chemical Test Refusal Section on the Alcohol Influence Report, D.O.R. Form 2389.
  • Issue the Missouri Department of Revenue Refusal to Submit to Alcohol Chemical Test Notice of Revocation of Your Driving Privilege/15-Day Driving Permit, D.O.R. Form 4323.
• If a person under 21 years of age refuses to submit to a chemical test, the sworn member will complete refusal paperwork and issue citations, and take possession of any Missouri driver's license.

Filing of State Charges on Offenders with Prior Alcohol-Related Contacts

• State charges can be filed on offenders who meet certain criteria, including:
  • Having a BAC of 0.08% or greater and two or more prior D.U.I. contacts or arrests.
  • Having a BAC of 0.20% or greater.
• The sworn member will ensure the driving under the influence arrest is based on probable cause and not merely on previous offender information provided by dispatchers.

Drug Recognition Expert (D.R.E.) Program

• The D.R.E. examination and evaluation is designed to detect signs of impairment and establish probable cause for further investigation.
• Sworn members who are in the D.R.E. program are trained to examine persons believed to be under the influence of drugs.

False Identity Given by Arrestee

• If an arrestee gives a false identity, the sworn member will be notified by receiving a Miscellaneous Investigation/Fingerprint Identification Report.
• The sworn member will initiate a "Want" and complete and mail the necessary information to the Department of Revenue, Driver's License Bureau.

Operation and Security of Breath Testing Equipment

• A valid Type I permit allows the permit holder to determine the alcoholic content of blood from a sample of breath, blood, or urine.

• A valid Type II permit allows the permit holder to operate, repair, or otherwise service the breath analyzer.

• A valid Type III permit allows the permit holder to operate breath analyzers to determine the alcoholic content of blood from a sample of expired (alveolar) air.### Breath Analyzer Maintenance

• Breath analyzers are kept in designated areas of patrol divisions for monitoring purposes.

• The D.U.I. Section, G-1, is responsible for issuing the patrol division Breath Test Log, Form 166 P.D., and all necessary supplies.

Procedure for Breath Analyzer Damage or Malfunction

• In the event of damage or malfunction, the sworn member must:
  • Post an out-of-order notice on the instrument.
  • Notify the desk sergeant.
  • Notify the D.U.I. Section immediately for inspection or replacement, if necessary.
  • Prepare an Interdepartment Communication, Form 191 P.D., detailing the circumstances surrounding the damage or discovery.
  • Forward the report through their chain of command, ensuring a copy is sent to the D.U.I. Section, G-2.