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Flashcards in GM 507 Deck (48):
1

***START***
.04 PROBABLE CAUSE FOR DWI OR DUI
A. Officers establish probable cause for arresting drivers for Driving While Intoxicated (DWI) or for Driving Under the Influence of Alcohol by Minor (DUI) by relying on personal knowledge and training, including:
1. P______of drivers involved in traffic accidents and or traffic violations;
2. R_____based on information provided by individuals who are witnesses to traffic violations and
or traffic accidents involving the person suspected of being intoxicated or under the influence; or
3. P_____of drivers stopped for the purpose of providing them with information (i.e., road
conditions ahead).

1. Personal observation
2. Reasonable suspicion
3. Personal observation

2

04 PROBABLE CAUSE FOR DWI OR DUI
B. After a traffic stop or arrival at a traffic accident scene, the officer shall:
4. Other sobriety tests that an officer may conduct are:
a. ____; and
b. ______.

a. Reciting of the alphabet; and
b. The numerical count.

3

.05 DRIVING UNDER THE INFLUENCE OF ALCOHOL
A. Minors who operate a motor vehicle in a public place with any detectable amount of alcohol concentration of less than .08 in their system are in violation of the Texas Alcoholic Beverage Code, Section 106.041, Driving Under the Influence of Alcohol by Minor.
1. Minors under this offense are individuals ______of age and include juveniles.
2. Individuals, 21 years of age or older, are not charged for the offense of DUI.

1) younger than 21 years

4

.05 DRIVING UNDER THE INFLUENCE OF ALCOHOL
E. DUI by Individuals – (10 years of age or older and under 17 years of age)
1. If the juvenile’s portable breath test shows any alcohol concentration of less than .08, the officer shall attempt to
contact the juvenile’s parent or legal guardian and allow them _____to come to the scene to take custody
of the juvenile

one (1) hour

5

.05 DRIVING UNDER THE INFLUENCE OF ALCOHOL
E. DUI by Individuals – (10 years of age or older and under 17 years of age)
2. If the parent or legal guardian of a juvenile comes to the scene to take custody of the juvenile, the juvenile is
issued a _________and released to the parent or legal guardian.

misdemeanor citation for the class C misdemeanor offense of DUI

6

.05 DRIVING UNDER THE INFLUENCE OF ALCOHOL
F. Minors who refuse a standardized field sobriety test and a portable breath test are arrested for DUI when a detectable amount of alcohol is determined to be in the minor’s system. Minors, who ________, are arrested for DWI and returned to the DWI Testing Room to be processed for DWI when the arresting officer develops probable cause to establish an arrest for DWI.

refuse a standardized field sobriety test and a portable breath test

7

.06 DWI ARREST AND VEHICLE DISPOSITION
B. In conjunction with the arrest of drivers suspected of being intoxicated, officers:
1. Collect and record ______;
2. Identify and record the _______; and
3. Record investigative ________, the smell of intoxicants on drivers, and other identifying factors that may indicate to the officer that the driver is intoxicated at the time of the arrest.

1)items of evidence
2)names of all passengers and witnesses
3)questions and verbal responses made by drivers

8

.07 JUVENILE – DWI ARRESTS
A. When a juvenile is taken into custody for the offense of Driving While Intoxicated (DWI), the arresting officer shall promptly give notice of his action and a statement of the reason for taking the juvenile into custody, to:
1. The juvenile’s parent, guardian, or custodian; and
2. The ________Office.

Youth Processing

9

.07 JUVENILE – DWI ARRESTS
B. Notification of an arrest of a juvenile may be made through the _______or by the officer himself. Officers may utilize the telephone located in the DWI Testing Room to make the notification. The notification process should be conducted within _____of the arrest and will be documented in the officer’s report.

Communications Unit
one (1) hour

10

.08 DWI TESTING ROOM SECURITY
H. Only persons on authorized police business or persons with the expressed permission of the ______are allowed in the DWI Testing Room at the City of San Antonio Detention Center while tests are being administered.

Chief of Police

11

.08 DWI TESTING ROOM SECURITY
J. A _______will lock the door to the DWI Testing Room when notified by the intoxilyzer operator or officer that the room is vacant.

detention guard supervisor

12

.09 PRE-TESTING PROCEDURES FOR DWI
B. A qualified intoxilyzer/video operator is assigned to the DWI Testing Room every day from ____to___. During other times the arresting officer will request a qualified on-duty intoxilyzer/video operator through the Communications Unit.

2000 hours to 0600 hours

13

.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
A. The Portable Breath Test – Voluntary
1. Portable breath testers will only be used and administered to drivers under the following conditions:
a. To determine any detectable amount of alcohol in a minor’s system, when an officer has ______to
believe that a minor is operating a motor vehicle while under the influence of alcohol;
b. To determine any detectable amount of alcohol in a driver’s system while operating a _____ motor
vehicle; and
c. When a driver is suspected of driving while intoxicated and is _____or_____to the point where he/she is unable to perform the Standardized Field Sobriety Test (SFST).

a)probable cause
b)commercial
c)injured or physically disabled

14

.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
A. The Portable Breath Test – Voluntary
4. The portable breath testers will be carried by______. They will immediately respond to a scene and provide officers with the portable breath tester when applicable as outlined in Section .10, Subsection A1 of this procedure. In the event a supervisor is unable to respond to the scene, the minor may be offered a portable breath test at the nurse’s station within the City Detention Center.

field supervisors

15

.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
B. The Breath Test - Voluntary
e. Depending on the results of the_______and/or_____the suspect is either:
(1) Released from custody and transported to the Growdon Storage Facility to recover his vehicle if not
otherwise impaired; or (2) Booked into the City of San Antonio Detention Center or the Bexar County Juvenile Detention Center for the offense of DWI with a supervisor's approval, according to booking procedures.

drug recognition evaluation by the drug recognition expert and/or the probable cause established by the videotape

16

.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
B. The Breath Test - Voluntary
c. Evaluated by a drug recognition expert (DRE) - The suspect exhibits symptoms of intoxication but the
breath test does not indicate a significant level of alcohol concentration consistent with the impairment. If
the suspect consents to a drug evaluation, proceed under the direction of the drug recognition expert. If the
suspect refuses a drug evaluation, proceed to the next step, _____.

videotaping of the suspect

17

.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
C. Blood Test - Voluntary
1. The voluntary blood test is offered to a suspect who is under arrest for the offense of DWI, and;
a. The suspect is suspected of being _______; or
b. When the suspect is ________.

a)under the influence of drugs
b)sick or injured and is to be transported to a medical facility for treatment

18

.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
C. Blood Test - Voluntary
3. When blood is obtained through a warrant and drawn at the Magistrate’s Office, the blood, along with the
completed Bexar County MEO Toxicology Laboratory – Analysis Request Form, are placed in the same
envelope and put in the _______

Magistrate’s evidence refrigerator.

19

.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
D. Blood Test – Mandatory
1. A mandatory blood test will be taken if a traffic accident resulted in a ______ and the officer has probable cause to believe that the accident occurred because a driver was operating a motor vehicle while intoxicated.

death or causes serious bodily injury to another

20

.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
D. Blood Test – Mandatory
1. A mandatory blood test will be taken if a traffic accident resulted in a death or causes serious bodily injury to another and the officer has probable cause to believe that the accident occurred because a driver was operating a motor vehicle while intoxicated. If these conditions are present, the following steps are taken:
a. A ________is dispatched to the scene of the traffic accident;

Traffic Investigations Detail Detective

21

.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
D. Blood Test – Mandatory
9. When a mandatory blood specimen has to be taken and the suspect resists the medical personnel’s efforts to
conduct the blood draw the officer may utilize the ________designed for this purpose.

Emergency Restraint Chair

22

.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
D. Blood Test – Mandatory
9. When a mandatory blood specimen has to be taken and the suspect resists the medical personnel’s efforts to
conduct the blood draw the officer may utilize the Emergency Restraint Chair designed for this purpose. A
restraint chair is available in the ______

nurse’s area of the Detention Center.

23

.11 VIDEOTAPING IN THE DWI TESTING ROOM
E. No ______will be used to get suspects to complete the video once they have entered the video room and refused to be videotaped.

type of force

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.11 VIDEOTAPING IN THE DWI TESTING ROOM
A. Videotaping is conducted when a suspect _________or when the suspect exhibits symptoms of intoxication but the breath test does not indicate a significant level of alcohol concentration consistent with the impairment.

refuses to submit to a voluntary chemical breath test

25

.12 DRUG RECOGNITION EVALUATIONS
F. If a suspect is evaluated for the use of drugs by a Drug Recognition expert (DRE), the DRE will be responsible for using the 12-Step Drug Recognition Evaluation process outlined on SAPD Form #24-DI, Texas DRE Evaluation Form.
2. All Drug Recognition Evaluations will be conducted on ______. The videotaping will begin at the
Psychophysical Test, Step 5 on SAPD Form #24-DI, Texas DRE Evaluation Form.

videotape

26

.12 DRUG RECOGNITION EVALUATIONS
F. If a suspect is evaluated for the use of drugs by a Drug Recognition expert (DRE), the DRE will be responsible for using the 12-Step Drug Recognition Evaluation process outlined on SAPD Form #24-DI, Texas DRE Evaluation Form.
2. All Drug Recognition Evaluations will be conducted on videotape. The videotaping will begin at the
______Test, Step 5 on SAPD Form #24-DI, Texas DRE Evaluation Form.

Psychophysical

27

.12 DRUG RECOGNITION EVALUATIONS
F. If a suspect is evaluated for the use of drugs by a Drug Recognition expert (DRE), the DRE will be responsible for using the _____Evaluation process outlined on SAPD Form #24-DI, Texas DRE Evaluation Form.

12-Step Drug Recognition

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.12 DRUG RECOGNITION EVALUATIONS
E. All drug recognition evaluations are conducted at the _______.

DWI Testing Room located in the City of San Antonio
Detention Center

29

.12 DRUG RECOGNITION EVALUATIONS
H. The Drug Recognition Expert will place a copy of SAPD Form #24-DI, Texas DRE Evaluation Form in the report receptacle labeled “______,” located in the DWI Testing Room.

DRE Coordinator

30

.13 ADMINISTRATIVE LICENSE REVOCATION (ALR)
A. Subjects who either refuse or fail a breath test or blood test, or register a _____or higher alcohol concentration on the breath test if operating a commercial motor vehicle, or minors charged with the offense of DUI, in addition to the criminal process outlined in Section .10, will be processed under the Administrative License Revocation Statute.

0.04

31

.13 ADMINISTRATIVE LICENSE REVOCATION (ALR)
B. The Administrative License Revocation process consists of the following steps:
3. Officers will confiscate the Texas driver’s license from those persons arrested for violations of Penal Codes
49.04, Driving While Intoxicated, 49.07, Intoxication Assault, and 49.08, Intoxication Manslaughter who fail a
breath test or refuse to provide a breath or blood specimen. Officers will also confiscate the Texas driver’s
license from minors arrested for violations of the Alcoholic Beverage Code 106.041 (DUI).
a. Officers will complete SAPD Form #DIC-25, Notice of Suspension and provide a copy to the arrested
person as a notice of suspension and a temporary-driving permit.
b. Officers will attach the confiscated driver’s license to the _____, which will be placed into the
report receptacle at the ______ prior to the end of the shift.

b)original report
substation

32

.14 ROUTING OF DWI REPORT FORMS
A. The officer, prior to leaving the City of San Antonio Detention Center, will enter the required information (i.e., date, case number, offense charge, and officer's name) into the ______.

arrest log book

33

.14 ROUTING OF DWI REPORT FORMS
C. Copies of all applicable DWI related reports are routed to the ____when suspects are not booked and charges need to be filed against them by an investigator.

Traffic Investigations Detail

34

.15 RESPONSIBILITIES (DWI ARRESTS)
A. The _____is responsible for ensuring an adequate number of officers are certified as intoxilyzer/video operators to ensure twenty-four (24) hour coverage.

Traffic Commander

35

.15 RESPONSIBILITIES (DWI ARRESTS)
B. The _____ is responsible for the collection of DWI/DUI reports from the report receptacles at the area substations for routing to the Traffic Investigations Detail.

Records Unit supervisor

36

.15 RESPONSIBILITIES (DWI ARRESTS)
E. All ___and____are responsible for:
1. Maintaining an adequate supply of portable breath testers;
2. Documenting the issuance of portable breath testers; and
3. Coordinating the maintenance of the portable breath testers with the Traffic Section Office.

Service Area and Traffic Shift directors

37

.15 RESPONSIBILITIES (DWI ARRESTS)
C. The ____maintains responsibility for:
1. The operational readiness of the breath testing instruments and video equipment; and
2. Monitoring the activity in the D.W.I Testing Room.

Traffic Operations Section (TTE)

38

.15 RESPONSIBILITIES (DWI ARRESTS)
D. The ______is responsible for:
1. Administering and recording the chemical breath test; and
2. The proper recording, production, and storage of the videotape.

intoxilyzer/video operator

39

.08 DWI TESTING ROOM SECURITY
I. Adult suspects taken to the DWI Testing Room are seated at the interview cubicle on the side that _______. Juvenile suspects are seated in the _____of the DWI Testing Room in accordance with Section .07 of this procedure.
1. Violent and uncooperative prisoners will remain handcuffed while in the DWI Testing Room.
2. All prisoners will be handcuffed prior to leaving the DWI Testing Room. DWI suspects who pass the
intoxilyzer test will also be handcuffed until they have been processed out of the Detention Center.

restricts the suspect’s field of vision

office area

40

.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
A. The Portable Breath Test – Voluntary
2. Officers operating vehicles equipped with an on-board video camera will record the administering of the
portable breath test. The __________will not be recorded by the on-board video camera. If an
officer is not able to record the administering of the portable breath test, (i.e., the suspect is out of the cameras range and he/she is not able to be relocated back into camera range) the officer will document the reason why the portable breath test was not recorded on video in the details of his report.

portable breath test results

41

.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
C. Blood Test - Voluntary
2. If the suspect submits to a voluntary blood test, the blood is collected at a medical hospital or medical facility
by qualified medical personnel: If the suspect is unconscious, a blood specimen will be taken.
a. Officers will request that medical personnel obtain (# & color)_______vials of suspect's blood. Each vial
should contain ______ milliliters of suspect’s blood.
b. After obtaining a ______, the blood samples and the completed ________ Form, are placed in an envelope and left in the appropriate _______.

a) two (2) gray-topped
five (5) to six (6)

b) barcode number
Bexar County MEO Toxicology Laboratory – Analysis Request

Property Room
evidence refrigerator

42

.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
C. Blood Test - Voluntary
2. If the suspect submits to a voluntary blood test, the blood is collected at a medical hospital or medical facility
by qualified medical personnel: If the suspect is unconscious, a blood specimen will be taken.
(3) If the officer suspects that drugs are involved in the intoxication, he makes a notation on the envelope
to have a_______.

drug screen test performed on the blood sample

43

.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
D. Blood Test – Mandatory
7. When a mandatory blood specimen has been taken, the adult suspect is to be booked into the ______, by _____ if necessary, for the offense of Intoxication Assault or Intoxication Manslaughter. Hospitalized adult suspects arrested for the offense of Intoxication Assault or Intoxication
Manslaughter will not be issued SAPD Form #52-X and released. Officers will guard the suspect until relieved
by the Bexar County Sheriff’s Department.

City of San Antonio Detention Center, by proxy

44

.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST
D. Blood Test – Mandatory
6. SAPD Form #TLE-51, S_______, and SAPD Form #TLE-51A, A________are prepared and submitted for all mandatory blood tests.

Statutory Authorization-Mandatory Blood Specimen
Affidavit of Person who Withdrew Blood

45

.11 VIDEOTAPING IN THE DWI TESTING ROOM
C. The videotape strives to show whether or not the suspect has normal use of his mental and physical faculties. The
videotape sobriety tests includes but is not limited to:
1. Field sobriety tests listed on SAPD Form #24-FSC, Officer's Field Sobriety Checklist;
2. A_____test and recital of ______; and
3. An ______.

speech
the alphabet
Interview

46

.12 DRUG RECOGNITION EVALUATIONS
B. If no on-duty DRE is available, the Communications Unit will attempt to notify a _____that is off-duty. If the
Communications Unit is unable to locate a DRE, or if the DRE is unable to respond to the DWI Testing Room
within ______, the suspect will be ______ in accordance with Section .11 of this procedure.

DRE
one (1) hour
videotaped

47

.12 DRUG RECOGNITION EVALUATIONS
F. If a suspect is evaluated for the use of drugs by a Drug Recognition expert (DRE), the DRE will be responsible for using the 12-Step Drug Recognition Evaluation process outlined on SAPD Form #24-DI, Texas DRE Evaluation Form.
4. If prescription medication or drugs are found on the suspect, the arresting officer will be responsible for
collecting and turning them over to the ______. The _____will be responsible for identifying the type of medication/drug through the use of the ______ book, and/or Poison Control. Once the medication/drugs have been identified, the _____will determine what medication/drug shall be seized as evidence. The arresting officer will place the medications or drugs determined to be evidence in the property room in accordance with departmental procedures.

Drug Recognition Expert
DRE
Physician Desk Reference
DRE

48

.14 ROUTING OF DWI REPORT FORMS
A. The officer, prior to leaving the City of San Antonio Detention Center, will enter the required information (i.e., date, case number, offense charge, and officer's name) into the ____.

arrest log book