500-04 Driving While Intoxicated Flashcards
(21 cards)
Child
10-16 (under 17)
10years of age or older and under 17 years of age
Minor
Under 21
When can a breath test take place in a different county as the arrest
When participating in a joint DWI task force
Violent DWI suspects
Shall not be taken into the video room to be recorded or given a breath test
Complete DIC forms and explain why specimen was not obtained
Where shall all original completed forms be delivered?
Vehicular Crimes Division hold desk
When is a blood test required?
A) a crash resulted in someone dying and Officer believes they died as a result of intoxication
B) serious bodily injury at the time of the crash
C) Officer reasonably believes form a credible source that the person has 2 or more dwi convictions
D) information that a child 14 or younger was in the car
E) has been convicted of DWI with a child passenger, intox assault, Intox manslaughter
If unable to wait for a warrant
Contact on call vehicular crimes prosecutor prior to having blood drawn
Where to tag blood draw vials?
Property division (1202 Washington)
What to do with warrant after it has been executed
District clerks office
DWI suspect can choose their method of blood draw if all of these conditions are met.
Already given a breath specimen
A) sample taken by physician,rn or Qualified tech
B) agree to pay
C) taken 2 hours following arrest
D) person must come to prisoner
E) Officer shall take one of the specimens to be tagged according to HPD policy
Below .08 but Officer thinks under influence of another substance
Contact command center
Command center contacts DRE
When shall an officer attempt to recover suspects vehicle?
Passed all DRE tests and under .05
Shall not attempt to recover suspect vehicle of all DRE tests but
Over .05 and under .08
Write PASSED ON front of DIC 24
When to read DIC -55
Operating a commercial vehicle 26,001 pounds or greater stating “if refusal or .04 or greater license shall be disqualified”
DRE is called to all
Crashes where the at fault driver is not deceased
Or when the at fault driver cannot be determined
If under 17 and blood test normally taken
A warrant shall be filed and blood shall be taken without consent from an attorney
If under 21, does not meet the legal definition of intoxication but has detectable amounts of alcohol in system
Class C offense of Minor driving under influence of alcohol or DUI
For a class C minor DUI.
___ vehicle if parent or registered owner cannot come to the scene.
Tow
A child can submit to a breath test or refuse but
It has to be on video
A child cannot submit to a blood test without
His attorney. And they would have to agree that the child gives up his rights
If the DWI prisoner has already given a sample of breath, the prisoner MAY request a blood sample be drawn by a person of the suspect’s own choosing of all of the following conditions are met
a. The sample is taken by a physician, registered nurse, or qualified technician.
b. The prisoner agrees to pay for the expense of the drawing and analysis of the sample.
c. The blood sample is taken within two hours following the arrest.
d. The person drawing the blood sample must come to the prisoner to take the sample. The person must also furnish the required equipment to properly take the sample.
e. The officer shall obtain one of the specimens drawn as evidence to be tested by the department. The specimen shall be tagged according to HPD policy set forth in regards to any other blood specimen drawn.
