INTERIM ORDER SUBJECT: REVISON TO PATROL GUIDE 208-40, "INTOXICATED OR IMPAIRED DRIVER ARREST", PATROL GUIDE 208-27, DESK APPEARANCE TICKET GENERAL PROCEDURE AND PATROL GUIDE 210-09, BAIL DATE ISSUED: REFERENCE: NUMBER: 09-20-11 *P.G. 208-40, P.G. 208-27 AND P.G. 210-09 1. In order to enhance the prosecution of individuals arrested for Driving While Intoxicated, Patrol Guide 208-40, Intoxicated or Impaired Driver Arrest is being revised. Uniformed members of the service are reminded that when an arrest is effected for New York State Vehicle Traffic Law Section 1192, Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs, a chemical test must be performed within a timely manner in order to determine the alcoholic or drug content within a person s body during the time of arrest. Members should be aware that any delay resulting in transporting a prisoner to the designated testing location may result in a reduced alcohol concentration level reading of a chemical test when administered. In addition, effective immediately, all arrests effected for Driving While Intoxicated will be processed at the designated borough testing location. 2. Therefore, effective immediately, Patrol Guide 208-40, Intoxicated or Impaired Driver Arrest is SUSPENDED and the following new procedure will be complied with: 44 PURPOSE PROCEDURE PATROL SUPERVISOR To process persons arrested for operating a vehicle while under the influence of alcohol or drugs. Upon arresting a person for operating a vehicle while under the influence of alcohol or drugs: 1. Request response of patrol supervisor. 2. Respond to scene and verify arrest. 3. Direct arresting officer to request Communications Section to dispatch Highway District personnel to designated testing location. a. Ensure time of arrest is stated when making request. 4. Read CHEMICAL STATEMENT (PD244-111) to prisoner in presence of arresting officer, if prisoner has caused a serious physical injury or death to another individual or a serious physical injury to him/herself. a. Record prisoner s response in ACTIVITY LOG (PD112-145) b. Comply with Interim Order 45, series 2011, Chemical Test Warrant Application, if prisoner refuses to submit to a chemical test. If the prisoner has stated that he/she refuses to submit to a chemical test, members of the service will immediately comply with Interim Order 45, series 2010, Chemical Test Warrant Application, and begin the process to obtain a chemical test warrant, if applicable. Members should be aware that any delay in applying for a chemical test warrant may result in a reduced alcohol concentration level when the chemical test is administered. 1 of 8
PATROL SUPERVISOR (continued) 5. Direct arresting officer to remove prisoner, in a Department vehicle, to designated testing location. a. Assign adequate personnel to escort prisoner, depending on circumstances. When a prisoner arrested for Driving While Intoxicated/Impaired is hospitalized, normal arrest procedures will be followed and the Highway District technician will respond to the hospital to conduct appropriate tests. 6. Have prisoner s vehicle removed to precinct of arrest for safeguarding. 7. Comply with P.G. 218-19, Invoicing Vehicles/Property as Arrest/Investigatory Evidence or for Forfeiture Proceedings or to Determine True Owner, if circumstances warrant seizure of vehicle. 8. Notify desk officer, precinct of arrest regarding details of arrest. 9. Inform desk officer, precinct of arrest to notify Operations Unit and request a notification be made to District Attorney s Office, if prisoner has caused a serious physical injury or death to another individual or a serious physical injury to him/herself. a. Inform desk officer, precinct of arrest of prisoner s response to the CHEMICAL STATEMENT. DESK, PRECINCT OF ARREST Regardless of the operator s decision to consent to a chemical test, a notification to the Operations Unit and the District Attorney s Office will be made when a serious physical injury or death has occurred to an individual or a serious physical injury has occurred to the operator. The arresting officer will keep the District Attorney s Office apprised of the arrest process and will apply for a chemical test warrant if the prisoner subsequently refuses to submit to a chemical test at a later time. If the operator suffers a serious physical injury and no other person suffers a serious physical injury or death, a member of the service can not apply for a chemical test warrant for that operator. 10. Make required entries in Command Log and on ROLL CALL (PD406-144) pertaining to arresting officer s post change and Department auto number of vehicle used to transport prisoner to testing location. 11. Contact Operations Unit and request a notification be made to District Attorney s Office, if prisoner has caused a serious physical injury or death to another individual or a serious physical injury to him/herself. a. Provide Operations Unit member with the following: (1) Arresting officer s name, tax registry number, shield number and command (2) Prisoner s pedigree information (3) Desk telephone number of designated testing location. b. Make Telephone Record entry regarding notification. 2 of 8
OPERATIONS UNIT MEMBER DESK, 12. Notify appropriate District Attorney s Office. 13. Provide assistant district attorney with the following: a. Arresting officer s name, tax registry number, shield number, and command b. Desk telephone number of designated testing location c. Prisoner s pedigree information. 14. Notify desk officer, precinct of arrest and provide assistant district attorney s name and telephone number. 15. Conduct a thorough field search of prisoner prior to transportation. 16. Remove prisoner to designated testing location, and comply with pertinent arrest procedures. a. Arresting officer will invoice, as evidence, any credit card receipts from a recent stop from restaurants, bars, sporting events, etc., and any alcohol or alcohol container found on the prisoner. 17. Report, with prisoner, to desk officer at testing location. 18. Inform desk officer, testing location, if prisoner has caused a serious physical injury or death to another individual or a serious physical injury to him/herself. 19. Make entry in Command Log of: a. Identity of arresting officer and Department vehicle used b. Identity and pedigree of prisoner. 20. Verify that Highway District has been notified and responding. 21. Prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). 22. Record the following vehicle information in the Narrative section of the ON LINE BOOKING SYSTEM ARREST WORKSHEET: a. The make, model, year and color of the vehicle operated by the defendant b. The license plate number of the vehicle operated by the defendant and the state the vehicle is registered in. (1) If the vehicle does not have a metal plate, the temporary or alternate plate will be recorded. The above information will be recorded in the Narrative section of the ON LINE BOOKING SYSTEM ARREST WORKSHEET even if the defendant was not the owner of the vehicle being operated at the time of arrest. The name and address (apartment number, if applicable) of the registered owner of the vehicle will be recorded in addition to the above. 23. Prepare INTOXICATED DRIVER EXAMINATION ( ) FIRST SHEET (PD244-154) and INTOXICATED DRIVER EXAMINATION ( ) SECOND SHEET (PD244-154B). 3 of 8
DESK, I.D.T.U. TECHNICIAN 24. Review the ON LINE BOOKING SYSTEM ARREST WORKSHEET to ensure completeness and verify that information regarding the vehicle operated by the defendant is recorded for all Driving While Intoxicated or Impaired Driver arrests. 25. Complete captions on INTOXICATED DRIVER EXAMINATION INSTRUCTION SHEET (PD244-154A). 26. Comply with Section One (1) Chemical Test on INTOXICATED DRIVER EXAMINATION INSTRUCTION SHEET. 27. Administer chemical test to prisoner, if applicable. If the prisoner indicates that he/she will consent to the chemical test, then the test may be administered. 28. Conduct Coordination Test of prisoner, in presence of arresting officer, and complete appropriate captions on HIGHWAY DISTRICT IDTU TECHNICIAN TEST REPORT (PD321-149). In the event that the examination of the prisoner cannot be videotaped, the desk officer, testing location, will supervise the examination. 29. Provide arresting officer with a copy of CHEMICAL TEST ANALYSIS (PD244-063). 30. Enter results of examination of prisoner in appropriate captions of HIGHWAY DISTRICT IDTU TECHNICIAN TEST REPORT. a. Sign form b. Desk officer of designated testing location will also sign form if examination was not videotaped. If a prisoner, under the age of twenty-one, has a chemical test reading of.02 of one per centum or more but not more than.07 of one per centum by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva, the arresting officer and I.D.T.U. technician will comply with applicable provisions of P.G. 208-41, Arrests - Person Under Twenty-One Operating A Motor Vehicle After Having Consumed Alcohol. 31. Distribute HIGHWAY DISTRICT IDTU TECHNICIAN TEST REPORT as follows: a. WHITE Court - with arresting officer for assistant district attorney, Complaint Room b. YELLOW - Arresting officer c. BLUE - Highway District. If a prisoner has consented to a chemical test, any samples taken will be witnessed, sealed, and marked by Highway District personnel and delivered to the Police Laboratory by the arresting officer to ensure chain of custody. 4 of 8
IF PRISONER REFUSES CHEMICAL TEST OR ANY PORTION THEREOF AT ANY TIME I.D.T.U. TECHNICIAN DESK, 32. Prepare and sign Report of Refusal to Submit to Chemical Test (NYSDMV AA-134). a. Have arresting officer sign Report of Refusal to Submit to Chemical Test. 33. Distribute copies of Report of Refusal to Submit to Chemical Test as indicated on form. a. Arresting officer must bring two copies to court for the assistant district attorney when the complaint is drawn. If prisoner refuses to submit to chemical test or any portion thereof, maintain the initial charge for which the prisoner was arrested unless new evidence warrants a change in charge. Arresting officer must be able to articulate circumstances which led to original charge of Intoxicated or Impaired Driving (e.g., witnessed prisoner operating vehicle, slurred speech, odor of alcohol on breath, etc.). After arraignment, the court will forward to the arresting officer a NOTICE OF SUSPENSION and/or NOTICE OF HEARING form with instructions to appear at a designated date, time and place for a hearing, which will be within fifteen days of the arraignment. Roll call will schedule the arresting officer accordingly. 34. Notify assistant district attorney if prisoner refuses to submit to a chemical test and has caused serious physical injury or death to another. a. Comply with instructions from assistant district attorney and be guided by Interim Order 45, series 2011, Chemical Test Warrant Application. 35. Enter chemical test reading, if performed, as reported by arresting officer on the ON LINE BOOKING SYSTEM ARREST WORKSHEET in the Narrative caption, and include: a. Rank, name and shield number of technician b. Date and time test conducted. 36. Determine charge against prisoner and enter on ON LINE BOOKING SYSTEM ARREST WORKSHEET. When chemical test reading is inconsistent with the prisoner s intoxicated appearance, request prisoner to submit to testing for controlled substances. If prisoner refuses, follow steps 32 through 34 regarding chemical test refusal. Be guided by P.G. 210-13, Release of Prisoners, if investigation discloses prisoner is apparently not intoxicated or impaired. 37. Notify assistant district attorney if prisoner has any previous arrests for same crime within the past ten years. 5 of 8
DESK, ADDITIONAL DATA 38. Ensure prisoner is transported to borough court section facility, as appropriate. In arrest cases for Driving While Intoxicated/Impaired, where a vehicle accident is involved, a photocopy of the Police Accident Report (MV104AN) will be attached to the arrest papers and delivered by the arresting officer to the assistant district attorney in the Complaint Room. If photocopy machine is inoperable or out of order, an additional copy will be prepared for this purpose. Members assigned to a Patrol Borough Task Force, Driving While Intoxicated Unit who have been trained and certified as Intoxilyzer Technicians will perform the functions (testing, videotaping, etc.) which would normally be performed by Highway District Intoxicated Driver Testing Unit (I.D.T.U.) Technicians only for arrests for driving while intoxicated or driving while impaired effected by members of their own units (Patrol Borough Task Force D.W.I. Units). If a prisoner requests to consult with an attorney prior to submitting to a chemical test, he or she will be allowed such consultation provided it will not delay the administration of the test unnecessarily. It should be noted that the obligation to allow contact with an attorney is triggered only by the defendant s specific request to do so. If the prisoner requests to contact an attorney, ask the prisoner if he/she has the name and phone number of the attorney. If the prisoner does not have the phone number, provide the prisoner with a phone book (if available) and access to a telephone for a reasonable time (e.g., ten to fifteen minutes). There is no obligation to inform the prisoner prior to the test that he/she may consult with an attorney. In addition, members of the service assigned to the Intoxicated Driver Testing Unit will record the prisoner s request to consult with an attorney and the reason, if any, for denial of said request in their ACTIVITY LOG. If a prisoner requests to be tested for intoxication by his personal physician, the test will not be allowed until the Department testing has been completed. If the prisoner refuses the administration of a chemical test by this Department, he shall not be allowed to have a test be administered by his personal physician. The desk officer concerned will personally witness the test given by the physician and will direct that an entry be made in the Narrative section of the ON LINE BOOKING SYSTEM ARREST WORKSHEET and on the file copy of the HIGHWAY DISTRICT IDTU TECHNICIAN TEST REPORT. The entry will include the name and address of the physician and the time and date the test was given. If the test is conducted at a detention or central booking facility, the desk officer thereat will make a telephone notification to the precinct of occurrence for the information of the arresting officer. When a prisoner arrested for Driving While Intoxicated/Impaired is hospitalized, normal arrest procedures will be followed and the Highway District technician will respond to the hospital to conduct appropriate tests. If a prisoner has consented to a chemical test, any samples taken will be witnessed, sealed, and marked by Highway District personnel and delivered to the Police Laboratory by the arresting officer to ensure chain of custody. A prisoner charged with violation of Vehicle and Traffic Law, Section 1192 subdivisions (1), (2), (3) or (4) shall not be eligible for a DESK APPEARANCE TICKET or stationhouse bail, unless such prisoner is hospitalized for more than twenty-four hours`. Such prisoner may be issued a DESK APPEARANCE TICKET, if eligible, whether or not he submitted to a chemical test. However, under no circumstances will a prisoner charged with violation of 6 of 8
ADDITIONAL DATA (continued) RELATED PROCEDURES FORMS AND REPORTS Vehicle and Traffic Law, Section 1192 subdivisions (1), (2), (3) or (4) be issued a DESK APPEARANCE TICKET if he/she has caused serious physical injury or death to another. Release of Prisoners - General Procedure (P.G. 210-13) Arrests - Persons Under Twenty-One Operating a Motor Vehicle After Having Consumed Alcohol(P.G. 208-41) Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of the Chief Medical Examiner (OCME)(Interim Order 60, series 2007) Chemical Test Warrant Application (Interim Order 45, series 2011) CHEMICAL STATEMENT (PD244-111) ACTIVITY LOG (PD112-145) ROLL CALL (PD406-144) CHEMICAL TEST ANALYSIS (PD244-063) INTOXICATED DRIVER EXAMINATION ( ) FIRST SHEET (PD244-154) INTOXICATED DRIVER EXAMINATION ( ) SECOND SHEET (PD244-154B) INTOXICATED DRIVER EXAMINATION INSTRUCTION SHEET (PD244-154A) HIGHWAY DISTRICT IDTU TECHNICIAN TEST REPORT (PD321-149) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) Report of Refusal to Submit to Chemical Test (NYSDMV AA-134) Police Accident Report (MV104AN) 3. Patrol Guide 208-27, Desk Appearance Ticket General Procedure is amended as follows: a. REVISE subdivision i opposite, on page 2 to read: i. Arrest for violation of Section 1192, intoxication/impaired driving subdivisions (1), (2), (3) or (4) Vehicle & Traffic Law (except DESK APPEARANCE TICKET may be issued to eligible prisoner, hospitalized more than twenty-four hours providing prisoner did not cause serious physical injury or death to another) 4. Patrol Guide 210-09, Bail is amended as follows: a. REVISE, on page 2 to read: A prisoner charged with violation of Vehicle and Traffic Law, Section 1192 subdivisions (1), (2), (3) or (4) shall not be eligible for a DESK APPEARANCE TICKET or stationhouse bail, unless such prisoner is hospitalized for more than twenty-four (24) hours. Such prisoner may be issued a DESK APPEARANCE TICKET, if eligible, whether or not he submitted to a chemical test. However, under no circumstances will a prisoner charged with violation of Vehicle and Traffic Law, Section 1192 subdivisions (1), (2), (3) or (4) be issued a DESK APPEARANCE TICKET if he/she has caused serious physical injury or death to another. 7 of 8
5. Commands will requisition ACTIVITY LOG insert CHEMICAL STATEMENT (PD244-111) from the Quartermaster Section using the following information: INDEX PD NUMBER TITLE 2205 244-111 CHEMICAL STATEMENT 6. Commanding officers will ensure that ACTIVITY LOG insert CHEMICAL STATEMENT is distributed to all patrol supervisors assigned to their commands. 7. The applicable portion of Interim Order 39, series 2007, as it pertains to Patrol Guide 208-40, Intoxicated or Impaired Driver Arrest, is hereby REVOKED. 8. Any provisions of the Department Manual or any other Department directive in conflict with the contents of this Order are suspended. BY DIRECTION OF THE POLICE COMMISSIONER DISTRIBUTION All Commands 8 of 8
INTERIM ORDER SUBJECT: CHEMICAL TEST WARRANT APPLICATION DATE ISSUED: REFERENCE: NUMBER: 09-20-11 **P.G. 217 SERIES 45 1. In order to enhance the prosecution of individuals arrested for Driving While Intoxicated involving a vehicle accident resulting in serious physical injury or death, the Department has created a new procedure entitled Chemical Test Warrant Application. When a uniformed member of the service effects an arrest for Driving While Intoxicated involving a vehicle accident resulting in serious physical injury or death to another individual, and the arrestee has refused to submit to a chemical test or is unconscious and has been under arrest for more than two hours without being subjected to a chemical test, the arresting officer will immediately begin the process of applying for a chemical test warrant. 2. Therefore, effective immediately, when a uniformed member of the service has sufficient evidence to apply for a chemical test warrant, the following new procedure entitled, Chemical Test Warrant Application will be complied with: PURPOSE DEFINITION PROCEDURE PATROL SUPERVISOR DESK, PRECINCT OF ARREST To apply for a chemical test warrant. CHEMICAL TEST WARRANT A Court Order and process directing medical personnel to draw blood from a person suspected of driving while under the influence of alcohol or drugs while causing serious physical injury or death to another individual, in order to determine the alcoholic or drug content of the person s blood. A chemical test warrant will be applied for if a prisoner, arrested for Driving While Intoxicated involving a vehicle accident resulting in serious physical injury or death to another individual, has refused to submit to a chemical test or is unconscious and has been under arrest for more than two hours without being subjected to a chemical test. When a uniformed member of the service has reasonable cause to believe that a person, suspected of operating a vehicle while under the influence of alcohol or drugs, is involved in an accident resulting in serious physical injury or death to another individual, and has refused to submit to a chemical test, or is unconscious and has been under arrest for more than two hours without having been subjected to a chemical test: 1. Request Communications Section to dispatch Highway District personnel to designated testing location or hospital, as appropriate. 2. Contact Operations Unit and request a notification be made to District Attorney s Office. 3. Provide Operations Unit member with the following: a. Arresting officer s name, tax registry number, shield number and command b. Prisoner s pedigree information c. Desk telephone number of designated testing location. 4. Make Telephone Record entry regarding notification. 1 of 5
OPERATIONS UNIT MEMBER DESK, PRECINCT OF ARREST 5. Notify appropriate District Attorney s Office. 6. Provide assistant district attorney with the following: a. Arresting officer s name, tax registry number, shield number, and command b. Desk telephone number of designated testing location c. Prisoner s pedigree information. 7. Notify desk officer, precinct of arrest and provide assistant district attorney s name and telephone number. 8. Notify desk officer, precinct of arrest, if one hour has passed and assistant district attorney has not initiated contact at designated testing location. 9. Contact assistant district attorney supervisor and Operations Unit, if one hour has passed and assistant district attorney has not conferred with arresting officer. a. Record phone call attempt(s) in Telephone Record b. Contact assistant district attorney supervisor every thirty minutes thereafter until assistant district attorney has been contacted. 10. Inform assistant district attorney of details of arrest. 11. Comply with instructions of assistant district attorney regarding arrest process. 12. Complete all necessary arrest paperwork, as per P.G. 217-02, Vehicle Accidents Which Result in Death or Serious Injury and Likely to Die and P.G. 208-40, Intoxicated or Impaired Driver Arrest. 13. Complete CHEMICAL TEST WARRANT APPLICATION (PD374-041). To apply for a chemical test warrant, the member of the service concerned must be able to articulate to the assistant district attorney and to the judge that he/she has reasonable cause to believe the defendant: a. Operated a vehicle and during said operation, b. Killed or caused a serious physical injury to another individual, c. Was intoxicated or impaired by alcohol or drugs, d. Is under arrest, and e. Has refused a chemical test, or is unconscious and has been under arrest for more than two hours without having been subjected to a chemical test. Members of the service are reminded that if an operator suffers a serious physical injury and no other person suffers a serious physical injury or death, a chemical test warrant can not be applied for that operator. I.D.T.U. TECHNICIAN 14. Respond to designated testing location or hospital, as appropriate. 15. Prepare and sign Report of Refusal to Submit to Chemical Test (NYSDMV AA-134), when applicable. a. Have arresting officer sign Report of Refusal to Submit to Chemical Test. 2 of 5 INTERIM ORDER NO. 45
I.D.T.U. TECHNICIAN (continued) 16. Distribute copies of Report of Refusal to Submit to Chemical Test as indicated on form. a. Arresting officer must bring two copies for the assistant district attorney when the complaint is drawn. If prisoner refuses to submit to chemical test or any portion thereof, maintain the initial charge for which the prisoner was arrested unless new evidence warrants a change in charge. The arresting officer must be able to articulate circumstances which led to original charge of Intoxicated or Impaired Driving (e.g., witnessed prisoner operating vehicle, slurred speech, odor of alcohol on breath, etc.). After arraignment, the court will forward to the arresting officer a NOTICE OF SUSPENSION and/or NOTICE OF HEARING form with instructions to appear at a designated date, time and place for a hearing, which will be within fifteen days of the arraignment. Roll call personnel will schedule the arresting officer accordingly. 17. Supply arresting officer with chemical test evidence kit. UPON APPROVAL OF CHEMICAL TEST WARRANT APPLICATION DESK, DESK, 18. Provide transportation for arresting officer and prisoner to designated hospital for administration of chemical test. 19. Make Command Log entry consisting of the following: a. Arresting officer name and shield b. Prisoner s pedigree information c. Department auto number of the vehicle used for transport d. Time of transport. 20. Upon arrival, inform and submit chemical test warrant and chemical test evidence kit to hospital personnel. 21. Notify assistant district attorney and Operations Unit, if hospital personnel do not comply with chemical test warrant. 22. Comply with instructions of assistant district attorney. 23. Comply with Interim Order 60, series 2007, Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of the Chief Medical Examiner (OCME), upon receiving chemical test evidence kit. 24. Ensure prisoner is transported to borough court section facility or designated testing location to complete arrest processing, as appropriate. IF CHEMICAL TEST WARRANT APPLICATION IS DENIED 25. Inform desk officer of testing location of CHEMICAL TEST WARRANT APPLICATION denial. 26. Comply with assistant district attorney instructions regarding continuation of arrest processing. 3 of 5 INTERIM ORDER NO. 45
DESK, ADDITIONAL DATA 27. Make Command Log entry regarding chemical test warrant application denial. 28. Ensure prisoner is transported to borough court section facility. If prisoner has been removed from the scene of incident to the hospital and is unconscious, the arresting officer will request the Communications Section to dispatch Highway District personnel to respond to the hospital and deliver the chemical test evidence kit. Any chemical samples taken by hospital personnel will be witnessed, sealed, and marked by Highway District personnel and delivered to the Police Laboratory by the arresting officer to ensure chain of custody. Members are reminded that if more than two hours have elapsed since arrest, and the unconscious prisoner has not been subjected to a chemical test, a chemical test warrant must be obtained. Members of the service are reminded that the Legal Bureau is available for assistance and guidance regarding the application for a chemical test warrant, Monday through Friday, 0700 to 2300 hours. After hours, members may contact the Operations Unit for a notification to a Department Attorney. RELATED PROCEDURES FORMS AND REPORTS Intoxicated or Impaired Driver Arrest (P.G. 208-40) Vehicle Accidents Which Result in Death or Serious Injury and Likely to Die (P.G. 217-02) Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of the Chief Medical Examiner (OCME) (Interim Order 60, series 2007) CHEMICAL TEST WARRANT APPLICATION (PD374-041) Report of Refusal to Submit to Chemical Test (NYSDMV AA-134) 3. Commands will requisition the CHEMICAL TEST WARRANT APPLICATION (PD374-041) from the Quartermaster Section using the following information: INDEX PD NUMBER TITLE 2080 374-041 CHEMICAL TEST WARRANT APPLICATION 4. Any provisions of the Department Manual or any other Department directive in conflict with the contents of this Order are suspended. BY DIRECTION OF THE POLICE COMMISSIONER DISTRIBUTION All Commands 4 of 5 INTERIM ORDER NO. 45
APPENDIX A (SAMPLE COURT ORDERED CHEMICAL TEST WARRANT) [CRIMINAL OR SUPREME] COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO ANY POLICE IN THE CITY OF NEW YORK Proof by affidavit having been made this day before me by Officer [NAME], Shield # [NUMBER], of [COMMAND and DEPARTMENT] (i) that there is reasonable cause to believe that [NAME OF DEFENDANT] blood contains evidence of drug or alcohol use, in violation of Vehicle and Traffic Law 1192 YOU ARE THEREFORE COMMANDED, at any hour of the day or night, to compel the defendant to submit to a chemical test pursuant to Vehicle and Traffic Law Section 1194(3); and that it is further ORDERED that a person authorized, pursuant to 1194 of the V.T.L. withdraw a sufficient amount of blood from the defendant, for the purpose of conducting a chemical test of the alcohol or drug content of that blood; and it is further ORDERED that the testing be conducted on the defendant s blood sample for the purpose of determining the presence of drugs or alcohol; and it is further ORDERED that the defendant shall submit to the withdrawal of blood sufficient for a chemical test of the alcohol or drug content of his/her blood and that any reasonable degree of force necessary to effect this order may be used; and it is further ORDERED that the property seized may be maintained in the care and custody of the New York City Police Department and or its agents, including the Office of the Chief Medical Examiner. Judge of the Criminal/Supreme Court Dated: 5 of 5 INTERIM ORDER NO. 45