37 Questions
What is the general rule about how long officers should follow a vehicle?
Officers should not follow a vehicle longer than needed to establish reasonable suspicion for a traffic stop.
What must officers be mindful of when dealing with injured or ill persons?
That injured or ill persons often display disorientation like intoxication.
Where should a suspect be interviewed if they are removed from their vehicle for further observation and/or testing?
In a position that allows the officer to observe the suspect, the suspect's vehicle, and any on-coming traffic.
When must officers give the Miranda Warning to a suspect?
Before asking the suspect any questions after they have been taken into custody.
What is the preferred method of testing for blood alcohol content in Dallas County?
Blood samples.
What must officers do if a suspect refuses to provide a breath sample?
Officers must apply for a search warrant to obtain a blood sample.
What is the primary purpose of the policy outlined in Section 329.01?
To reduce alcohol-related incidents in the community
What action must officers take when dealing with prescription drug cases involving possession?
Verify if the suspect has a prescription for the drug
What must be included in the PROBABLE CAUSE AFFIDAVIT for possession of prescription drugs?
Way the drug was identified and verification of no prescription
In cases of attempted possession of fraudulent medication, what is necessary for officers to secure as evidence?
A copy of the fraudulent prescription
What is considered a violation under 481.129 (c) 2 of the Texas Health and Safety Code in relation to fraudulent prescriptions?
Possession of blank fraudulent prescription forms
What defines an individual as being 'intoxicated' as per Section 329.03?
Not having normal use of mental or physical faculties due to substance introduction
Where can DWI arrests be made?
Only in public places like alleys and parking lots open to the public
Can a juvenile (10 to 16 years old) be requested to provide a breath specimen for a DWI arrest?
Yes, and the request and response must be audio and video recorded
If an officer believes that no arrest should be made for a potentially intoxicated driver, what should they do?
Obtain approval from a supervisor to make other arrangements in lieu of an arrest
What is the procedure for obtaining a breath sample from a juvenile (10 to 16 years old) arrested for DWI?
The juvenile is escorted into the Intoxilyzer room in the jail via the Sally Port and security vestibule, ensuring no adult prisoners are in view
What documentation is generally required for every DWI or DWI-related offense?
DIC-23 Peace Officer's Sworn Report, DIC-24 Statutory Warning, and DIC-25 Notice of Suspension/Temporary Driving Permit
What constitutes a Driving Under the Influence – Minor (DUI) offense?
A minor operating a motor vehicle with any detectable amount of alcohol in their system, including the odor of alcohol on their breath
If a minor between the ages of 17 and 20 is suspected of DUI, what action should an officer take?
Make a custodial arrest for DUI - MINOR
What is required to seize a minor's Texas Driver's License?
A certified breath test must be completed showing any detectable amount of alcohol
In the absence of a witness, how many affirmative links are required to arrest a suspect for DWI or DUI after a single-vehicle crash?
2
If a suspected intoxicated driver is transported to a hospital, what should an officer do to obtain a blood specimen?
Both A and C
When filing charges for Intoxication Assault, what should an officer do regarding obtaining a blood specimen from the suspect?
Both A and C
If a suspect is charged with Intoxication Assault, can they also be charged with DWI?
No, they cannot be charged with both Intoxication Assault and DWI
What is the purpose of the 15-minute observation period before conducting the breath test?
To ensure the suspect does not ingest any substances or burp.
In case the Intoxilyzer at the Irving Jail is not functional, where can the breath test be conducted?
At any breath test facility in Dallas County.
When can a suspect be charged with DWI based on their Breath Alcohol Concentration (BrAC)?
If BrAC is 0.08 or more for both breath samples.
What should an officer do if a suspect becomes uncooperative during a breath test?
Ask for a blood specimen and obtain a warrant if needed.
When is it appropriate to refer to the Requirements for Drug Recognition Expert (DRE) Involvement?
When suspect's impairment does not match their reported BrAC level.
What action should be taken if a suspect refuses to provide a blood specimen?
Follow statutory procedures and consider charging based on other evidence.
Who is generally responsible for protecting the crash scene and any evidence within it?
Patrol officers.
What is the purpose of this policy?
To provide guidelines for Patrol officers on narcotics investigations
According to the policy, what is the minimum net weight for a narcotics case to be considered a useable quantity?
0.01 grams
How can officers document the distance from the point of arrest to the drug-free zone?
By using LIDAR, RolaTape, or computer software
What is the minimum weight of marijuana that can be filed as a Possession of Drug Paraphernalia charge?
Less than 0.5 grams
What is the definition of a 'Dangerous Drug' according to this policy?
A device or a drug that is unsafe for self-medication and that is not included in Schedules I through V or Penalty Groups 1 through 4 of Chapter 481 (Texas Controlled Substances Act)
What is the main focus of the 'Drug-Free Zone Cases' section of the policy?
Outlining the procedures for filing narcotics cases within drug-free zones
Study Notes
Narcotics Investigations
- Purpose: Provide guidelines for patrol officers in narcotics investigations
- Policy: Investigate and file certain narcotics cases in accordance with DA's office policies and procedures
Drug-Free Zone Cases
- Document distance from point of arrest to drug-free zone (acceptable methods: LIDAR, RolaTape, or computer software)
- Articulate probable cause and reasonable suspicion throughout the investigation
- Required documentation:
- DIC-23 Peace Officer's Sworn Report
- DIC-24 Statutory Warning
- DIC-25 Notice of Suspension / Temporary Driving Permit
Marijuana Cases
- Net weight of less than 0.5 grams (not considered a useable quantity for filing a case)
- File Possession of Drug Paraphernalia if marijuana is in a carrier (plastic baggie, rolling paper, etc.)
Prescription Drug Cases
- Possession of prescription drugs:
- Identify the drug by independent means (e.g., Ident-a-Drug website, local pharmacist)
- Verify that the suspect does not have a prescription
- Document in the probable cause affidavit and report narrative
- Fraudulent prescription cases:
- Refer to appropriate offense in the Texas Health and Safety Code
- Include a copy of the fraudulent prescription as evidence
Intoxication Crimes
- Purpose: Promote a safer community by diminishing the frequency of alcohol-related incidents
- Intoxication: Not having normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, etc.
Public Intoxication
- Arrest report shall reflect probable cause to believe the suspect is intoxicated
- Examples of probable cause: odor of an alcoholic beverage, slurred speech, etc.
Driving While Intoxicated (DWI)
- Policy: DWI cases shall be vigorously investigated and appropriately charged
- Definitions:
- Intoxication: Not having normal use of mental or physical faculties
- Loss of normal use of mental or physical faculties: Reasonable inference that the person has lost the normal use of their mental or physical faculties
- Procedures:
- Video and audio recording of the entire investigation
- Request for breath or blood specimen
- DIC-24 Statutory Warning
- DIC-25 Notice of Suspension / Temporary Driving Permit
Driving Under the Influence (DUI) - Minor
- Definition: Operating a motor vehicle with any detectable amount of alcohol in the system
- Procedures:
- Officers may issue a citation for DUI - Minor] and release the minor to a parent or adult guardian
- If a citation is issued, officers shall complete a report, DIC-23, and DIC-25
Single Vehicle DWI/DUI Crashes
- Officers may arrest a suspect for DWI or DUI in the absence of a fact witness
- Affirmative links to establish the suspect operated the vehicle:
- Suspect admits to being the operator
- Keys to the vehicle are in the suspect's possession
- Suspect is the registered owner of the vehicle
- Vehicle contains paperwork or other objects linking the suspect to the vehicle
- Suspect sustained injury in the form of a driver-side seat belt mark or airbag abrasions
Injured Suspects
- Follow-up investigation at the hospital
- Request for blood specimen if the suspect is conscious
- If the suspect is unconscious, a specimen shall be taken in accordance with statutory authority
Intoxication Assault
- Investigation and filing of charges require the intoxication of the suspect be the cause of the victim's serious bodily injury
- A to-scale crash diagram will be conducted
- Charge shall be filed regardless of the victim's cooperation
- If filing charges of Intoxication Assault, officers shall first seek the suspect's consent to the taking of a specimen of the suspect's blood
Intoxication Manslaughter
- Investigation and filing of charges require the intoxication of the suspect be the cause of the victim's death
- A to-scale crash diagram shall be completed
- Patrol officers are responsible for the protection of the crash scene and any evidence within the scene
Test your knowledge on the guidelines for narcotics investigations provided to Patrol officers, including policies mandated by the Dallas County District Attorney’s Office. This quiz covers definitions such as Dangerous Drugs and procedures for filing narcotics cases.
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