Newport News Police Department - Operational Manual OPS-325 - DRIVING UNDER THE INFLUENCE (MOTOR VEHICLES & WATERCRAFT) Amends/Supersedes: OPS-325 (02/25/2013) Date of Issue: 04/17/2017 I. GENERAL Persons charged with driving under the influence of alcohol (DUI), or self-administered drugs (DUID), will be charged on a warrant or summonsed under certain circumstances pursuant to 19.2-73 of the Code of Virginia following the administration of the applicable breath/blood test as set forth in the procedures below. [61.1.5(a)] II. PROCEDURE [1.2.5; 61.1.5(a); 61.1.10; 61.1.11] NOTE: These procedures are in addition to any applicable general arrest procedures outlined in OPS-405 (Arrest Procedures). A. Officers may arrest a person for driving under the influence of alcohol/drugs without a warrant under specific circumstances pursuant to 19.2-81 of the Code of Virginia. [61.2.1(d); 61.2.2(c)] 1. At the scene of a motor vehicle crash. 2. At a hospital or medical facility where the person has been transported as a result of a motor vehicle crash. 3. In addition, such officer may, within three hours of the occurrence of any such crash involving a motor vehicle, arrest without a warrant at any location any person whom the officer has probable cause to suspect of driving or operating such motor vehicle while intoxicated in violation of 18.2-266, 18.2-266.1, 46.2-341.24 of the Code of Virginia. B. Not withstanding Section II. A. above, officers may obtain a warrant, or summons the person to be charged under the following circumstances: [61.1.5(k); 61.2.1(d); 61.2.2(c)] 1. When the person to be charged has been transported from the crash scene to a hospital or medical facility pursuant to 19.2-81 of the Code of Virginia. 2. A warrant will also be obtained or a summons issued when the accused, after being properly arrested, refuses to submit to a breath and/or blood test. 3. If a summons is issued, the officer shall contact the magistrate and obtain an arraignment date. OPS-325-1 of 8-04/17/2017
G. Obtaining and Handling the Blood Sample for alcohol/drug analysis 1. If the accused is required to submit to a blood test, the blood test will be administered pursuant to 18.2-268.2 of the Code of Virginia, pursuant to a search warrant. 2. Blood vials with the Certificate of Blood Withdrawal for Alcohol/Drug Determination labels, which are provided by the Division of Forensic Science for collection of the blood samples, will be used. a. The arresting officer shall seal the vials once the medical person has withdrawn the blood. The arresting officer shall complete the certificate indicating the following, pursuant to 18.2-268.6 of the Code of Virginia: NOTE: In the case of a Boating Under the Influence charge this section will also apply to any officer accompanying the accused, to whom custody has been transferred (Section II,M,2 of this Policy) 1) Name of accused. 2) Name of the person taking the blood sample. 3) Date and time the blood sample was taken. 4) The arresting or accompanying officer s name and computer number. NOTE: Each Certificate of Blood Withdrawal for Alcohol/Drug Determination will have a unique vial number (upper right hand corner). The officer must record both numbers in his notes before the vials are sealed within the box. 5) Name of the court where the accused will be tried (either Newport News General District Traffic, Criminal or Newport News Juvenile and Domestic Relations Court) 6) The completed Certificate of Blood Withdrawal will be verified for accuracy and completeness prior to being placed in the box prior to sealing. b. The arresting officer must also complete a Request for Laboratory Examination Form (State Form DFS-70-001) and place it in the blood test kit container prior to it being sealed. NOTE: If the blood is to be tested for a drug, the laboratory request must indicate that the blood sample is to be tested for drugs and, when possible, state which drug(s) to test for. The field sobriety test results shall be included in the kit container in cases of suspected DUID. c. The arresting officer will then package the samples by following the Commonwealth of Virginia - Blood Specimen Instructions Form inside the blood vial box, and will seal and initial the kit in the presence of the medical person drawing the blood. 3. Once blood tube box is sealed, the arresting officer shall: a. Initial the tube box seal in the presence of the person who withdrew the blood. OPS-325-4 of 8-04/17/2017
b. Complete the return address information in the upper left hand corner of the blood vial box with the following: 1) Arresting officer s name. 2) Agency name. 3) Address of the court where the accused will be tried. 4) Name of the court (either Newport News General District Traffic, Criminal or Newport News Juvenile and Domestic Relations Court). c. Mail the kit container. NOTE: The blood vial kits will have the postage affixed prior to their delivery to the hospital's supply. Please ensure that the kit used has postage affixed prior to mailing it. 4. DUI/DUID Crashes Involving Death or Serious Injury Whenever a DUI or DUID crash involving death or serious injury occurs and the suspect is transported to a hospital, the following steps should be followed: a. Once a police officer arrives at the scene and determines the suspect may be under the influence of alcohol or drugs, the officer who first comes in contact with the suspect shall remain with him at all times until a sample of his blood can be withdrawn for determination of alcohol and/or drug content or the CRASH team responds and control is relinquished to a member of the CRASH team. b. In instances where the CRASH team is involved in the crash investigation, members of the CRASH team may elect to handle both the crash investigation and any ensuing DUI. c. If the suspect is transported to the hospital, upon arriving, the officer/crash team member shall request that a physician or registered nurse withdraw a sample of blood as soon as possible as outlined in Section II. G. 1 and 2, above. NOTE: If guidance with the process is needed, officers may contact a CRASH team member. d. Record the names and titles of anyone (to include medical personnel, fire department personnel, etc.) who comes in contact, treats or administers medication to the suspect. H. Officers charging juveniles with Driving Under the Influence will follow the same procedures as those for handling adult DUI/DUID offenders with the following exceptions which are pursuant to OPS 435 (Handling of Juveniles): 1. The accused juvenile will be summonsed or taken before a juvenile intake officer where a petition(s) will be obtained. 2. The Juvenile Violation Report (JVR) block will be checked in I-LEADS/RMS, along with completion of any other applicable RMS areas on the accused juvenile. 3. They may be released to either a parent or legal guardian. Pursuant to 16.1-260 of the OPS-325-5 of 8-04/17/2017
Code of Virginia, the officer shall have the parent or guardian sign the summons adjacent to the signature of the juvenile. 4. The accused juvenile s court date will be set for 8:30 a.m. on any weekday in the Juvenile & Domestic Relations Court. I. Underage Consumption of Alcohol While Operating a Motor Vehicle It is illegal for any juvenile, or any adult under the age of twenty-one, to operate a motor vehicle after consuming alcohol. Any such person who is arrested for driving under the influence and has a BAC of.02 or greater, but less than.08, is in violation of 18.2-266.1 of the Code of Virginia. J. Operating a Commercial Motor Vehicle Under the Influence of Alcohol 1. 46.2-341.24.A of the Code of Virginia states that it shall be unlawful to drive or operate any commercial motor vehicle with a blood alcohol concentration of.08 or higher. 2. 46.2-341.24.B of the Code of Virginia states that it shall be unlawful and a lesser included offense to drive or operate any commercial motor vehicle with a blood alcohol concentration of.04 or higher. 3. 46.2-341.31 of the Code of Virginia states that no person shall drive a commercial motor vehicle while having any amount of alcohol in his blood and any person doing so shall be guilty of a traffic infraction. K. Administrative Suspension of Driver s License 1. The license and/or privilege to drive of the person arrested shall be administratively suspended for seven days for the first offense, 60 days or until the date of trial (whichever occurs first) for the second offense, or until the date of trial for the third offense if: a. The breath test of the accused is.08 or higher; b. The breath test of the accused if under age 21, is.02 or higher; or b. The accused refuses to submit to a breath test. 2. The arresting officer shall: a. Personally serve upon the person arrested a Notice of Administrative Suspension of Drivers License (State Form DC-201). b. Promptly take possession of the arrested person s driver's license if issued by the Commonwealth of Virginia (licenses issued by another jurisdiction will not be taken). c. Promptly deliver to the magistrate the driver s license taken by the officer and a copy of the Notice of Administrative Suspension of Drivers License. d. Deliver to the magistrate a Criminal Complaint (State Form DC-311) that identifies the person whose license is being suspended and the grounds on which the officer believed the person arrested was driving under the influence. OPS-325-6 of 8-04/17/2017
e. Notify the Communications Division of the information regarding the person who has been administratively suspended so they can enter the information in VCIN. 3. The arresting officer must be prepared to appear in Traffic Court in the event the operator or owner of the vehicle requests a review of the administrative suspension or an impoundment hearing. The officer will be notified by the appropriate Court if a review has been requested and when the officer must appear in court. The officer must be prepared to present his grounds for the arrest and impoundment, to include supporting documentation (e.g., license and registration information, DMV driver s record). L. Sobriety Checkpoints 1. All procedures set forth in this policy are applicable during any sobriety checkpoint. The logistics and operation of the checkpoint will be governed by the SOP for sobriety checkpoints and the supervisor in charge of the checkpoint. 2. The Commonwealth s Attorney s Office must be made aware of all Driving Under the Influence arrests that arise out of a sobriety checkpoint. Therefore, when completing the DUI Commonwealth Package Form (NNPD Form #25) under Reason For Stop, the arresting officer shall enter Sobriety Checkpoint and the name of the supervisor in charge of the checkpoint. M. Operating a Boat or Watercraft Under the Influence of Alcohol 1. No person shall operate any watercraft, as defined in 29.1-733.2 of the Code of Virginia, or motorboat which is underway while such person is under the influence of alcohol or other self-administered intoxicants or drugs to a degree which impairs his ability to operate the watercraft or motorboat safely NOTE: The word operate shall include being in actual physical control of a watercraft or motorboat and underway shall mean that a vessel is not at anchor, or made fast to the shore, or aground. The fact that the primary source of propulsion is not engaged does not affect this meaning. 2. Transfer of Custody of Arrestee Pursuant to 19.2-81 of the Code of Virginia, an officer may arrest without a warrant any person whom the officer has probable cause to suspect of operating a watercraft or motor boat (i) while intoxicated in violation of 29.1-738 B of the Code of Virginia or (ii) in violation of an order issued pursuant to 29.1-738.4 in his presence, and may thereafter transfer custody of the person suspected of the violation to another officer, who may obtain a warrant based upon statements made to him by the arresting officer. 3. Arrest An officer may, at the scene of any accident involving a watercraft as defined in 29.1-733.2 or motorboat, or at any hospital or medical facility to which any person involved in such accident has been transported, on any of the waters of the Commonwealth, upon reasonable grounds to believe, based upon personal investigation, including information obtained from eyewitnesses, that a crime has been committed by any person then and OPS-325-7 of 8-04/17/2017
there present, apprehend such person without a warrant of arrest, if such arrest is affected within three hours of the watercraft accident. 4. Consent to Blood or Breath Test a. Any person who operates a watercraft or motorboat which is underway upon waters of the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if such person is arrested for operating a watercraft or motorboat which is underway in violation of 29.1-738 B or 29.1-738.02 (persons under age twenty-one operating watercraft after illegally consuming alcohol), within three hours of the alleged offense. b. If the accused is placed under arrest for operating a watercraft or motorboat under the influence of alcohol, the arresting officer shall advise the accused of the implied consent law in accordance with 29.1-738.2 of the Code of Virginia. N. DUI Commonwealth Package [1.2.5(a)] The DUI Commonwealth Package Form (NNPD Form #25) is to be used by all personnel on every DUI, DUID, and Operating a Boat or Watercraft Under the Influence case. A copy of the completed form is to be forwarded to the Commonwealth s Attorney s Office. This form is important in assisting the Commonwealth s Attorney s Office in complying with the law pursuant to 19.2-11.01 of the Code of Virginia. Additionally, this form is used to comply with motions for discovery, therefore, the arresting officer should record every statement made by the defendant so it can be used in court. Richard W. Myers Chief of Police OPS-325-8 of 8-04/17/2017