Drinking and Driving Procedure and Policy SO RT 5 PDF

**DRINKING AND DRIVING PROCEDURE AND POLICY** **Policy Reference No.** SO RT 5 ---------------------------------------------------- ---------------------------------------------------------------------------------- **Title**...

**DRINKING AND DRIVING PROCEDURE AND POLICY** **Policy Reference No.** SO RT 5 ---------------------------------------------------- ---------------------------------------------------------------------------------- **Title** Drinking and Driving Procedure And Policy **Relevant Department** Road Traffic Steering Group **Policy Author** Chief Inspector Pertev KARAGOZLU **Approved by** Chief Constable **Approval Date** **Authorised by** **Implementation Date** May 2022 **Review Date** Nov 2025 **Equality & Diversity Impact Assessment (EDIA)** P **Human Rights Legislation Audited by** **Policy Appeal/Redress by Police/Civilian Staff** **Protective Marking** No **Replaces Policy Documents** Yes **Related Laws / Policies** Motor Vehicles and Road Traffic Regulation 2013 and Drinking & Driving Ordinance **Quality Assured by** **TABLE OF CONTENTS** [Introduction](#S1) [Page 3](#S1) [Section 1](#S1) --------------------------------------------------------------------- ----------------- -------------------- [Designated Police Stations](#S2) [Page 3](#S2) [Section 2](#S2) [**Preliminary Roadside Breath Test Device-Issue and Return**](#S3) [Page 4](#S3) [Section 3](#S3) [Appointment of Instrument Supervisors](#S4) [Page 4](#S4) [Section 4](#S4) [Drinking and Driving Procedure Forms](#S5) [Page 4](#S5) [Section 5](#S5) [Service Doctors](#S6) [Page 5](#S6) [Section 6](#S6) [Private Doctors](#S7) [Page 5](#S7) [Section 7](#S7) [Post Incident/Collision Form](#S8) [Page 6](#S8) [Section 8](#S8) [Hospital Procedure](#S9) [Page 6](#S9) [Section 9](#S9) [Informing the Hospital Doctor](#S10) [Page 7](#S10) [Section 10](#S10) [Driving under the Influence of Drugs](#S11) [Page 8](#S11) [Section 11](#S11) [Impairment through Drink/Drug (Section 3 (1) or (2))](#S12) [Page 9](#S12) [Section 12](#S12) [Release after Test](#S12) [Page 9](#S13) [Section 13](#S13) [Force Policy](#S14) [Page 9](#S14) [Section 14](#S14) [Prosecution of Offences- Sovereign Base Areas](#S15) [Page 10](#S15) [Section 15](#S15) [Specimen of Charges](#S14) [Page 10](#S15) [Section 16](#S15) [Prescribed Limits](#S14) [Page 11](#S15) [Section 17](#S15) **INDEX OF APPENDICES** [Annex 1](#AA) [Preliminary Breath Test Form](#AA) [Page 12](#AA) ---------------- ------------------------------------- ---------------- [Annex 2](#AA) [Station Procedure Form](#AA) [Page 12](#AA) [Annex 3](#AA) [Post Incident/Accident Form](#AA) [Page 12](#AA) [Annex 4](#AA) [Specimen Charges](#AA) [Page 12](#AA) **1.** []{#S1.anchor}**Introduction** The purpose of this Standing Order is to provide guidance for the management, maintenance and use of the Preliminary Roadside Breath Test Device (P.R.B.T.D) and the Evidential Breath Testing Machine (E.B.T.M.). Force policy and the use of various forms are also included. The **Breath testing equipment,** P.R.B.T.D and the E.B.T.M, have been issued to both Divisions. The Surgeons' rooms have been equipped and all Officers have been trained in the use of the equipment and in the practical application of the Drinking and Driving Ordinance 6/1993. This Standing Order should be read in conjunction with: i. **Drinking & Driving Ord, 6/1993 as amended from time to time** ii. **CC's instruction 7/1993** iii. **Powers of Arrest *w/o* warrant** iv. **Judges Rules** v. **Motor Vehicle and Road Traffic Regulations 2013** **2.** []{#S2.anchor}**Designated Police Stations** Persons arrested for drink and driving related offences will be taken to the most convenient police station designated for this purpose, i.e. where a E.B.T.M. is in operation at the time. These are: i. SBA Police Station Akrotiri ii. SBA Police Station Dhekelia iii. SBA Police Station Ayios Nikolaos The screening devices, P.R.B.T.D. and the E.B.M. are expensive to purchase and maintain. It is therefore necessary to ensure that they are protected from misuse. It will be the responsibility of operators to ensure all necessary steps are taken to prevent suspects from damaging or tampering with the devices. **3.** []{#S3.anchor}**Preliminary Roadside Breath Test Device** **-Issue and Return** P.R.B.T.D. approved for use by the SBA Police and have been issued to both Divisions. Records of all issuing and return of equipment are to be kept in a register in the station control room. The P.R.B.T.D. will operate reliably in temperatures between 10 and 40 Degrees Celsius, but should NOT be exposed to direct heat, e.g. being placed on vehicle dashboards etc. Designated Supervisory Officers shall undertake inspection of all equipment and maintain records. **4.** []{#S4.anchor}**Appointment of Instrument Supervisors** A number of Officers have been trained as Instrument Supervisors of the E.B.T.M. They have been appointed by the Chief Constable as the **"Instrument Supervisors and Force Instructors'.** These Supervisors are responsible for checking the E.B.T.M. and also for the maintenance and arrangement of the servicing and calibration of the P.R.B.T.D.**.** ***The Designated Supervisory Officers* will be responsible for monitoring/directing the above checks.** If any of the P.R.B.T.D. or the E.B.T.M. is not functioning in accordance to the prescribed procedure, the problem should be referred to the instrument Supervisors and *[**NO ONE** **ELSE SHOULD TAMPER WITH THE EQUIPMENT**]***.** **5.** []{#S5.anchor}**Drinking and Driving Procedure Forms** These forms must be treated [as a most important piece of evidence] in cases of drinking and driving offences. They must be completed accurately and [always at the time of the offence]. The forms have been designed in accordance with the Drink Driving Ordinance and have been approved by the Attorney General and Legal Adviser. They should be carefully followed question by question. When requiring a breath specimen **D&D preliminary breath test** form, when executing the Station procedure/ hospital procedure **D&D procedure for taking of samples** form and after a RTC/D&D case where it is alleged alcohol was consumed by a driver after driving **D&D** post incident **form** **should be used. [ ]** **[Preliminary Breath/Salvia Test Form ]** This form must be completed each time a P.R.B.T.D. is used to obtain a breath test when the result is positive. The form must also be used whenever there is a failure to provide a breath test. In the case of a positive "roadside test" breath or Salvia, a CMS must be raised despite the fact that, subsequently at the Police Station, the lower of the two specimens of breath in the E.B.T.M. may result in a verbal caution being given. This form will be completed by the Officer conducting the station procedure tests. It is of utmost importance, when reading any formula from the form to the offender, that the wording be strictly followed as this is a statutory requirement which must be observed. The Station procedure will be undertaken by an Officer other than the Officer who undertook the preliminary procedure and made the arrest. It must in all cases be undertaken by an Officer authorized by the Chief Constable to operate the E.B.T.M. Whenever practicable, this should be the supervisor officer in charge of the Police Station but may, when no such Officer is available, be undertaken by an authorized Constable. **6.**[]{#S6.anchor} **Service Doctors** In exceptional cases when it is considered necessary to obtain the services of a doctor in accordance with the Station procedure, the medical centre appropriate to the Station concerned shall be telephoned and the Duty Doctor requested to attend the Station where the prisoner is detained. **[Careful note shall be made of the time the request is made and the time of attendance by the Service Doctor.]** **7.** []{#S7.anchor}**Private Doctors** If the condition of the defendant is such as to warrant investigation under Section 3 (1) or 3 (2) of the Ordinance, **(unfit to drive through [drink or drugs)],** the arrested person may require his/her own doctor to be present during the medical examination by the Service Doctor. In such cases: - i. The Officer in charge of the Station must make every effort to secure attendance of the doctor nominated by the arrested person. It should be made clear to the person that he/she will be liable to pay any fee incurred. ii. The medical examination of the arrested person by the Service Medical Doctor should not be delayed owing to the non-arrival of the private doctor. [ **The examination by the private doctor will take place in the presence of the Service Doctor and in the presence of the Investigating Officer**]**.** If the Service Doctor completes his examination before the arrival of the private doctor, he will be requested to observe the examination by the latter. **8.** []{#S8.anchor}**Post Incident/Collision Form** This form is to be used in cases of **"drinking after ceasing to drive"**. Drinking after driving has ceased is NOT an excuse for failing or refusing to provide a specimen of blood/salvia unless the person from whom the specimen is required is physically or mentally unable to provide it or the provision of the specimen would entail a substantial risk to health. Any direct evidence or statement by any person to the effect that alcohol has been consumed since driving ceased must be [**carefully recorded.**] This is particularly important in cases concerning Road Traffic Collisions. In these circumstances the decision to institute proceedings is a matter for the Police, dependent on the result of any subsequent analysis of the specimen and the evidence available. When, during the investigation of a possible drinking and/or driving offence, a Police Officer suspects that a driver has consumed alcohol/drugs (and/or the driver alleges that he/she consumed alcohol/drugs) after he/she had ceased to drive, attempt to drive or be in charge of a vehicle on a road, the defendant's account of exactly what alcoholic drink or narcotic drugs had been consumed, how much, where and when should be investigated "as fully as is reasonably practicable". This should include the searching for and seizing of exhibits. **9.**[]{#S9.anchor} **Hospital Procedure** When a person who is suspected of driving having consumed alcohol (i.e. in excess of the prescribed limit) or who is suspected to have driven whilst impaired through consumption of drink or drugs, is detained in hospital, the hospital procedure shall be implemented and the appropriate section on the form **D&D procedure for taking of samples** to be completed. In cases concerning taking samples at hospitals the SBA Police approved "**Biological Specimen Kit"** which is available at the E.B.T.M. room should be used. This procedure will normally follow a road traffic collision where drivers are detained in hospital but may also be applicable in other unforeseen cases. Serious cases are likely to occur within the SBA jurisdiction where suspected persons are taken to a hospital in the Republic and where suspected persons involved in collisions in the Republic are brought to a hospital in the SBA. In the former circumstances Cyprus Police should be informed of the circumstances and requested to accompany the SBA Police to the hospital in the Republic where the request should be made by the SBA Police. If the Cyprus Police decline to co-operate then the matter cannot be pursued. If Cyprus Police request similar assistance at a hospital in the SBA, then SBA Police co-operation should be forthcoming. **10.**[]{#S10.anchor} **Informing the Hospital Doctor** Before the procedure for taking a specimen at a hospital is commenced the doctor in immediate charge of the suspected patient **MUST** **BE INFORMED,** out of the presence and hearing of the accused, of the intention to request a specimen of breath for breath test or to obtain a specimen of blood or urine. The specimen **[cannot]** be obtained if the doctor objects on any of the following three grounds, each of which must be put to him separately: - i. **the provision of the specimen would be prejudicial to the proper care or treatment of the patient, or** ii. **the requirement to provide the specimen would be prejudicial, or** iii. **the necessary statutory warning would be prejudicial (the terms of the statutory warning must be explained to the hospital doctor)** If the hospital doctor does not object on the above grounds, then the doctor should be requested to proceed with obtaining the specimen of either blood or urine. **11.** []{#S11.anchor}**Driving under the Influence of Drugs** **drink and driving (amendment) ordinance 2019** Section 5.8 Sub 3A  A person may be required, under subsections (1) and (2) above, to provide a saliva specimen for a saliva test either at or near the place where the requirement is made or, if the police officer making the requirement thinks fit, at a police station specified by the officer. As a result of a saliva test, the officer has reasonable cause to suspect that the person drove or attempted to drive a vehicle on a road or other public place while being unfit through drugs, or the person has failed to provide a specimen of saliva for a breath test when required to do so in pursuance of this section and the police officer has reasonable cause to suspect that the person has drugs in his body. A police officer must, on requiring any person to provide a specimen in pursuance of this section, warn the person that a failure to provide it may render the person liable to prosecution. If an arrested person's ability to drive is impaired through drugs, then the Evidential Breath Machine will not analyze a sample. In this case the Drug and Driving Procedure and Policy should be initiated. **12.** []{#S12.anchor}**Impairment through Drink/Drug (Section 3 (1) or (2))** If the condition of a defendant is such as to warrant investigation under Section 3 (1) or (2) of the Ordinance then Form **D&D procedure for taking of samples**, should be followed carefully. **13.** []{#S13.anchor}**Release after Test** If the person from whom breath or laboratory samples have been obtained intends to drive, and all other suitable arrangements to release him/her fail, he/she will be detained at the Police Station until he/she takes a breath test on P.R.B.T.D. or on E.B.T.M. which indicates his/her blood/alcohol level is below the prescribed limit. When he/she is released under these circumstances he/she should be conveyed by Police transport to where his/her vehicle has been taken for safe custody **14.** []{#S14.anchor} **Force Policy** [ARREST] In order to prevent allegations of consumption of alcohol after driving, no arrested person should be allowed to consume drink, food, or smoke tobacco/electronic cigarettes from the time of his/her arrest until after the provision of the specimen for analysis. The new Drinking and Driving Ordinance gives wide powers to all Police Officers to deal with any driver who, on a road or any other public place, commits an offence of driving, attempting to drive or being in charge of a motor vehicle whilst being unfit to drive through drink or drugs, or driving or attempting to drive, or is in charge of a motor vehicle when the alcohol content in his/her body exceeds the prescribed limit. Where the offence is one involving the use or suspected use of alcohol or drugs the Police Officer may require the provision of a specimen of breath or salvia. This requirement should not be made indiscriminately. Of course, where there is evidence which would afford reasonable cause to suspect that a driver is unfit to drive through drink/or drug, the requirement to provide a breath and salvia specimen should be strongly pursued. This is a matter of personal discretion depending on the particular circumstances. The E.B.T.M. has been programmed to produce three print outs whenever it is used to analyze a breath specimen. One print out will be affixed on the form **D&D procedure for taking of samples**, page 3 the second will be offered to the accused and the third print out will be kept securely by Duty Sergeant/Inspector for reference when necessary. The Ordinance specifies that all drivers involved in road traffic collisions may be tested. These powers should be strictly in accordance with the law and Force policies. Force policy is that all drivers involved in traffic collisions will be breath tested. **15.** []{#S15.anchor} **Prosecution of Offences- Sovereign Base Areas** All offences under the Drink and Driving Ordinance 1993 should be prosecuted by the Attorney General and Legal Adviser or by a Sovereign Base Areas Police Officer. Offences detected by the Service Police in their capacity as Constables under the Ordinance will be reported through Service Legal to AGLA and to the SBA Police for the institution of proceedings. Except in cases of doubt or difficulty, cases where a specimen is obtained at a hospital in the Republic, and cases where drinking after driving is alleged or suspected, the prosecution of offences under this Ordinance will be directed in the normal way by the SBA Police. **16.** **Specimen of Charges** The Attorney General and Legal Adviser has provided the specimen charges to be used where a driver agrees to provide a specimen of breath and is found to exceed the prescribed limit, or where a driver refuses the initial roadside test, or refuses to provide specimens of breath for a breath test. ***[Comment & Advice by AGLA]*** The AGLA has drawn attention to one aspect of the New Drink/Driving Ordinance, which is especially important for Officers to understand and comply with, namely that when making the requirement to provide a specimen of breath under Section 6 of the Ordinance it is **[essential]** that the Police Officer must, at the time he/she makes the requirement, warn the suspect that a failure to provide it may render him/her liable to prosecution. It is no good waiting until the accused asks what will happen to him/her if he/she refuses. If that does occur, then the requirement must be made a second time and should on the second occasion be accompanied by the warning. **16. Prescribed limits** **2A.**--- \(1) Subject to subsection (2), the prescribed limit is--- a. b. c. 2. Where subsection (3) applies, the prescribed limit is--- a. b. c. 3. This subsection applies where--- d. i. ii. iii. e. f. iv. v. vi. vii. 4. []{#AA.anchor}[INDEX TO ANNEXES] ----------------------------------------------- ------------------------------ **ANNEX 1** Preliminary Breath Test form **ANNEX 2** Station Procedure Form **ANNEX 3** Post Incident/Accident form **ANNEX 4** Specimen charges