2. If the DUI/DWAI arrestee is non-combative: a. The arrestee may be permitted to sign the summons.

Transcription

1 9113 DRIVING UNDER THE INFLUENCE 1. Police agents shall have the discretion of handling arrests for: driving under the influence and driving while ability impaired in the following manner, if it is the offender's first arrest on those charges, and if the offender has not been involved in a traffic collision with injuries. 2. If the DUI/DWAI arrestee is non-combative: a. The arrestee may be permitted to sign the summons. b. The arrestee may be released to a responsible party. c. If the arrestee is unable to contact a responsible party, the arrestee shall be lodged at the detox center. Personnel at the center will assume responsibility for releasing the subject when the arrestee is no longer intoxicated. d. If the detox center does not have space available the arresting agent will receive a written authorization to lodge the subject in the Jefferson County jail. e. If detox center personnel report that the arrestee has become combative subsequent to the departure of the police agent, the subject shall again be taken into custody and transported to the Jefferson County jail. 3. If the DUI/DWAI arrestee is combative: a. The arrestee shall be photographed and fingerprinted (if possible) at the Police Department. b. The arrestee shall not be permitted to sign the summons. c. The arrestee shall be incarcerated at the Jefferson County jail. The jail personnel will assume responsibility for releasing the subject when the arrestee is no longer intoxicated. 4. Testing for Alcohol or Drugs a. When a person has been arrested on probable cause indicating that he/she has been driving under the influence of alcohol or drugs or driving while ability impaired, an agent shall request that a test of the person's breath or blood be made for the purpose of determining the alcoholic content of the person's breath or blood. Forms and procedures for documentation of this request and subsequent testing shall be completed per Colorado expressed consent statutes and Department of Revenue procedures. b. If such person is unable to take, or to complete, or to cooperate in completing of a breath test because of injuries, illness, or physical incapacity, or if such person is receiving medical treatment at a hospital, the test will be of such person's blood.

2 9114 BREATH TESTING FOR BLOOD/ALCOHOL C. Rule 1. The Intoxilyzer shall be maintained in an area designated by the commander of the Patrol Division. In addition to analyzing a sample of a subject's breath for the blood/alcohol content, the instrument is capable of preserving this same sample of the alcoholic content of an individual's breath through the use of a silica gel tube. The instrument automatically prints the test results on a test record sheet. 2. The department ensures that selected personnel are trained and certified in the use of the breath instrument by the Department of Health or other officially certified operator instructors. 3. Trained and certified agents or Property technicians are responsible for the operation of the breath instrument. 4. A checklist type form shall be completed in conjunction with the use of the breath instrument. The certified operator follows the steps of operation indicated on the form without deviation. 5. An Intoxilyzer test log shall be maintained in proximity to the instrument. The certified operator shall make an entry in the log each time a test is administered. 6. The breath instrument automatically records the test results on the test record sheet. 7. Certified operators distribute completed test record sheets and the silica gel tube as follows: a. One copy shall be wrapped around the defendant's preserved breath sample (silica gel tube). b. One copy shall be submitted with other relevant reports to the police Records Section. c. One copy shall be attached to the defendant's copy of the summons. d. The best copy shall be attached to the operational checklist. 8. Upon completion of testing, the certified operator shall place the silica gel tube, with one copy of the test record sheet, in a paper envelope and seal the envelope. The operator shall also complete an evidence label/warning notice, which shall be affixed to the outside of the paper envelope. 9. The arresting agent completes a property evidence report and books the silica gel tube into the Property Control Unit. 10. Annually, the silica gel tubes shall be purged by Property Control Unit personnel, and those stored for 1 year or more shall be destroyed.

3 1. Only certified persons shall operate the breath instrument in any way URINE TESTING FOR DRUG CONTENT 1. This procedure shall be followed when obtaining a urine sample from a prisoner. 2. Prior to testing, the prisoner shall be searched to ensure that he is not in possession of any item that could be used to alter the urine sample. The arrestee shall be kept under close observation from the time of arrest to when a sample is obtained to prevent the arrestee from ingesting anything which could alter test results. 3. Urine test materials can be obtained from the Police Department's, booking area supply cabinet, and a quantity of such kits will also be maintained at the detox center. 4. If the urine test is conducted in the police station, the bathroom in the booking area shall be used. 5. The arrestee shall be directly monitored during the obtaining of the urine sample. If possible, 2 sworn employees of the same sex as the arrestee shall be present at the taking of the sample. In the absence of a second sworn employee, a non-sworn employee of the same sex as the arrestee shall be present as a witness. 6. If the sample is obtained at detox or a hospital, medical personnel or alcohol counselor of the same sex as the arrestee may be used instead of a second sworn employee or non-sworn employee. 7. The urine sample shall be obtained in a secure and private facility. Care shall be taken to ensure that the sample is not open, even partially, to the view of any person other than the 2 witnesses described in this procedure. 8. Arrestees under the influence of drugs shall be medically evaluated prior to detention housing; this medical evaluation may be conducted by medical personnel at the jail or the detox center. If practical, a drug recognition expert shall also be notified to assess the presence and for extent of drug induced intoxication. 9. Persons who are unconscious or are behaving in a markedly irrational or bizarre manner shall not be placed in a holding cell. These persons shall be transported for medical examination. 10. Any employee who handles the container, which has the urine sample therein shall wear latex gloves. 11. In felony situations where drug use is suspected, a urine sample shall be obtained. This will be in addition to, and not in place of, any necessary blood draws for alcohol testing. A urine test is preferred for determining the presence of drugs; however, if the arrestee will not cooperate with the taking of a urine sample, then the arrestee's blood shall be drawn for chemical testing.

4 12. The sample container shall be filled as near to its top as is practicable. After the urine sample has been collected, tamper-proof seals shall be placed on the container so that the seal overlaps both the cap and the container. 13. The time and date of the sample collection, the case report number, and the agent's initials are noted on the seals. 14. After obtaining the urine sample, it shall then be booked as evidence, authorized for release to the laboratory, and placed in the same refrigerator that we currently use for sex assault kits. Property technicians shall ensure delivery to an approved laboratory for analysis. 4 C. Rule 15. The urine sample shall be maintained in as cool an environment as possible; extreme heat can cause sample degradation. If the shipment of the urine sample is delayed for more than 48 hours, the sample shall be placed in refrigerated storage until sent to the appropriate laboratory. 1. At no time shall detox center personnel, medical personnel, or nonsworn employees be left alone with an arrestee while a urine sample is being obtained. An agent shall be present at all times during the collection procedure MAIL-IN BLOOD KITS 1. Mail-in blood kits shall be kept by the Patrol Division. 2. In consent situations, the alcohol or drug determination consent form found inside the kit, shall be completed. In felony situations, the arrestee shall be asked to sign the consent form; however, if the arrestee refuses, the words, "FELONY - NO CONSENT REQUIRED" are written in the arrestee's signature space. 3. After the blood samples have been collected, the tamper-proof seals found inside the kit are placed on the bottle or tube so that the seal overlaps both the cap and the bottle. 4. The time and date of the sample collection, the case report number, and the agent's initials are noted on the seals. 5. The chain of custody form found inside the kit shall be completed. 6. The samples are placed back inside the kit and the kit shall be sealed. The kit shall then be mailed or transported to the appropriate laboratory SOBRIETY CHECKPOINTS 1. Locations selected for conducting sobriety checkpoints shall be determined

5 by the following criteria: a. traffic data that pertains to alcohol-related traffic collisions, the frequency of drinking driver arrests, and the incidents of fatal and injury accidents based on location, time of day, and day of week. b. Physical considerations of the site selected for the sobriety checkpoint to accommodate a safe approach and stopping area for motorists and for the agents involved. c. Availability of nearby legal parking for the vehicles of arrested motorists. 2. Each sobriety checkpoint shall be authorized by the Patrol Division commander, in writing, and only after a written request for the checkpoint is submitted. 3. A supervisor shall be designated by the division commander to be onscene during the entire time that the sobriety checkpoint is being conducted. This supervisor shall be responsible for the following: a. Adequate vehicles and equipment including lighting, warning signs, and other necessary safety devices are available. b. Briefing all involved police personnel and news media representatives present of the guidelines and purposes of the sobriety checkpoint prior to conducting the operation. c. Written instructions for all police personnel involved in the operation. d. A sufficient number of uniformed agents shall be present to maintain a safe and efficient operation of the checkpoint. 4. All vehicular traffic passing through the checkpoint shall be stopped. However, if this is not possible or safe due to the volume of traffic or unusual delay to motorists, then a pre-established, nonbiased formula shall instead be used (i.e., stop every other vehicle, stop every third vehicle, stop every fourth vehicle, etc.). The application of the formula used by the on-scene supervisor shall be flexible enough to adjust to changing traffic conditions and the number of personnel available. In the event that traffic begins to back up, all traffic shall be allowed to pass until the checkpoint is cleared of any congestion. It shall not be the purpose of the checkpoint to require an unreasonable delay for motorists. 5. Contact time for each motorist shall be kept to a minimum. Each contact shall take a minimum amount of time unless evidence of possible alcohol or drug impairment is detected. 6. No enforcement action shall be taken other than alcohol or drug related driving offenses or driving without a driver's license. This shall not be construed to mean that agents are to ignore other offenses that, in the interest of public safety, should be investigated. 7. Agents shall advise the motorists contacted of the purpose of the check-

6 C. Rule point and request to see their driver's licenses. After this encounter, if the agent perceives no evidence of alcohol impairment, the motorist shall be allowed to proceed immediately and be assisted in merging safely back into traffic. Each agent shall maintain a record of the name, driver's license number, and vehicle license number of the motorists he contacts. The number of persons contacted shall be reported to the on-scene supervisor. 8. If an agent perceives articulable conditions normally associated with persons driving under the influence of alcohol or drugs, then he shall detain the motorist for further investigation. The driver may be requested to perform certain psychomotor coordination or horizontal gaze nystagmus tests. If sufficient evidence of intoxication exists, the driver shall be arrested. The normal procedures for handling a DUI investigation shall then be followed. 9. If a motorist approaching the checkpoint turns around or turns off the highway before reaching the checkpoint in an apparent attempt to avoid the checkpoint, no effort shall be made to contact this person unless the specific action taken, other than merely turning, would constitute a violation justifying enforcement action. 10. The sobriety checkpoint shall be maintained for a predetermined period of time unless other circumstances occur that would warrant its cancellation by the on-scene supervisor or the Sector Commander. 11. News media relations. A press release notifying the news media of the scheduled sobriety checkpoint shall be made well in advance of the operation. The press release shall not include the exact location or the times of the sobriety checkpoint. The use of this strategic enforcement tool is intended to be widely publicized to serve as a deterrent to persons driving under the influence of alcohol or drugs. 12. The on-scene supervisor shall prepare a postaction summary of the sobriety checkpoint for the Patrol Division commander. 1. The following is a sample of the explanation that shall be provided to every motorist: "Good evening, I am Agent, and this is a Lakewood Police sobriety checkpoint to determine if drivers have been drinking and may possibly be driving while intoxicated. May I see your driver's license?"