Procedure 507-DWI Arrest Procedures Flashcards Preview

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Flashcards in Procedure 507-DWI Arrest Procedures Deck (167):
1

.01A. This procedure provides guidelines for the detection, arrest, and processing of drivers who are suspected of;

operating a motor vehicle while intoxicated.

2

.01B. This procedure also provides guidelines for handling minors who are suspected of;

operating a motor vehicle while under the influence of alcohol.

3

.01C. In addition, this procedure gives guidance for the implementation of the;

Texas Administrative License Revocation (ALR) Statute for intoxicated drivers who either refuse or fail a blood or breath test.

4

.01D. This procedure also assigns responsibilities for the assignment of members as qualified intoxilyzer / video operators and the;

maintenance of supplies and equipment used in intoxicated driver testing.

5

.02. The responsibility to remove intoxicated drivers from the roadway extends to all sworn members of the Department regardless of their;

actual duty status or primary unit of assignment.

6

.04A. Officers establish probable cause for arresting drivers for DWI or for DUI by Minor by relying on personal knowledge and training, including:

1. Personal observation of drivers involved in traffic accidents and or traffic violations;

7

04A. Officers establish probable cause through development of reasonable suspicion 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.

8

04A. Officers establish probable cause through personal observation of drivers stopped for the purpose of providing them;

with information [i.e., road conditions ahead]

9

.04B. After a traffic stop or arrival at a traffic accident scene, the officer shall;

Remove the driver to a place of safety if he or she is suspected of being intoxicated.

10

.04B. Conduct the standardized field sobriety test. Officers operating vehicles equipped with an on-board video camera will record the administering of the;

standardized field sobriety test. The video recording will be collected for evidence if the suspect is arrested.

11

.04B. Other sobriety tests that an officer may conduct are:

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

12

.04.B. A field sobriety test may be impractical when it would jeopardize the;

safety of the officer or the suspect.

13

.04B. If after conducting the standardized field sobriety tests the officer has determined that a minor is not intoxicated, but has a detectable amount of alcohol in his system, the minor will be;

processed for DUI in accordance with Section .05 of this procedure.

14

.04B. Drivers suspected of being intoxicated and who are refusing to perform field sobriety tests are;

transported to the DWI Testing Room to be processed.

15

.05A. Minors are in violation of the Texas Alcoholic Beverage Code, Section 106.041, Driving Under the Influence of Alcohol by Minor, when they operate a motor vehicle in a;

public place with any detectable amount of alcohol concentration of less than .08 in their system.

16

.05A. Minors under this offense are individuals;

younger than 21 years of age and include juveniles.

17

.05B. Minors arrested for DUI or DWI will be processed under the;

Administrative License Revocation Statute in accordance with Section .13 of this procedure.

18

.05C. Minors operating a motor vehicle who are not intoxicated, but where officers have probable cause to suspect that the minor has;

any detectable amount of alcohol in his/her system shall process the minor as follows:

19

.05C. Arrest the minor for the offense of DUI and offer the minor a voluntary portable breath test at the;

scene of the arrest using a portable breath tester.

20

.05C. If the minor agrees to a voluntary portable breath test;

perform the test on the minor at the scene.

21

.05D. If the portable breath test shows any alcohol concentration of less that .08 in a minor’s system who is [17] years of age or older and under [21] years of age, the officer shall;

book the minor into the Detention Center for the class C misdemeanor offense of D.U.I.

22

.05D. Vehicles driven by minors who are 17 years of age or older are;

impounded

23

.05E. DUI by Individuals – 10 years of age or older and under 17 years of age [juveniles] when the 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 [1] hour to come to the scene to take custody of the juvenile.

24

.05E. If the parent or legal guardian of a juvenile comes to the scene to take custody of the juvenile, the juvenile is issued a;

misdemeanor citation for the class C misdemeanor offense of DUI and released to the parent or legal guardian.

25

.05E. If the parent or legal guardian of a juvenile does not take custody of the juvenile within the allowed [1] hour, the juvenile is issued a misdemeanor citation for the class C misdemeanor offense of DUI and;

transported to the Youth Crimes Services Office for further disposition.

26

.05E. Vehicles driven by juveniles are released to the;

vehicles registered owner, or impounded in accordance with GM Procedure 607, Impounding Vehicles.

27

.05E. Vehicles are not released at the scene to individuals;

who are arrested for DUI

28

.05F. 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.

29

.05F. Minors, [meaning all] who refuse a standardized field sobriety test and a portable breath test, 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.

30

.05G. When the arresting officer believes that the violator has no other impairment drugs in their system that would render the subject in violation of DWI, minors who are arrested for DWI and whose Blood Alcohol Concentration level is below 0.08 are;

arrested for D.U.I.

31

.05H. DUI arrests: SAPD Form # 2-2, Offense / Incident Report, or SAPD Form # 24-1A DWI / Traffic Case Report will be completed listing the probable cause and the results of the;

portable breath test. The letters “DUI” are written across the top of the report in bold print.

32

.05H. SAPD Form # DIC-24, Statutory Warning is completed if a;

chemical test is given or offered. A copy is given to the minor.

33

.05H. SAPD Form # DIC-23, Peace Officer’s Sworn Report is completed when a minor is issued a misdemeanor citation for;

DUI or is arrested and booked for DUI.

34

.05H. SAPD Form # DIC-25, Notice of Suspension, is completed when a minor is issued a misdemeanor citation for ;

DUI or is arrested and booked for DUI. A copy of the form is given to the minor.

35

.05I. All applicable reports and forms, including citations and the minor’s Texas driver’s license, are stapled together and placed in the;

report receptacle located at each area substation.

36

.05J. Minors who either refuse, or register any detectable amount of alcohol on a chemical test or portable breath test in addition to the;

class C misdemeanor charges, will be processed under the Administrative License Revocation Statute.

37

.06A. Suspected intoxicated drivers are arrested and transported to the;

City of San Antonio Detention Center in accordance with GM Procedure 601, Prisoners.

38

.06A.When juvenile suspects are arrested, officers are responsible for;

making the proper notifications in accordance with Section .07 of this procedure.

39

.06B. In conjunction with the arrest of drivers suspected of being intoxicated, officers:

1. Collect and record items of evidence;
2. Identify and record the names of all passengers and witnesses;
3. Record investigative questions and verbal responses made by drivers, 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.

40

.06C. When available, a secondary officer should be used to;

impound the suspect’s vehicle in order to expedite the processing of the DWI suspect.

41

.07A. When a juvenile is taken into custody for the offense of 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 Youth Processing Office.

42

.07B. Notification of an arrest of a juvenile may be made through the;

Communications Unit or by the officer himself.

43

.07B. Officers may utilize the telephone located in the DWI Testing Room to make the notification, which will be documented in the officer’s report, and should be conducted

within (1) hour of the arrest.

44

.07C. When a juvenile is taken into custody for the offense of (DWI), the juvenile will be given testing preference in the;

DWI Testing Room

45

.07D. Interaction between adults and juveniles in the Detention Center and DWI Testing Room;

should be kept to a minimum.

46

.07E. An SAPD Officer guards juveniles at all times while in the;

Detention Center and DWI Testing Room.

47

.07F. Prior to the breath test, and for processing after the breath test, Juvenile DWI suspects are taken into the;

office area of the DWI Testing Room for observation.

48

.07G. Juvenile DWI suspects shall be read SAPD Form DIC-#24, Statutory Warning on video, and the offering of the breath test or blood test and their response shall be;

recorded on the video camera prior to the chemical test.

49

.07G.The juvenile is permitted to waive or assert his rights regarding taking the;

breath test, blood test, or other DWI test without the concurrence of an attorney.

50

.07H. Upon completion of all testing procedures, the juvenile must be taken to the;

Youth Processing Office for processing.

51

.08A. Suspects are thoroughly searched, and must be handcuffed prior to;

entering the Detention Center.

52

B. Suspects will remain handcuffed at all times while in the Detention Center, except when in the;

DWI Testing Room. [prior question]

53

C. Officers secure their weapons in the gunlock boxes provided at the;

entrance to the Detention Center. [prior question]

54

.08D. DWI suspects will be searched by a detention guard when the suspects;.

enter the Detention Center

55

.08D. Officers will advise detention center personnel that they have a DWI suspect so that;

searching priority will be given to the suspect.

56

.08E. Personal property belonging to DWI suspects that is accepted at the Detention Center will be inventoried and kept at the;

booking area while the suspect is being tested. [prior question]

57

.08E. A Magistrate Services-Detention Center Form #17, Registration / Property Form, will be filled out and signed by the;

detention guard, the arresting officer, and the DWI suspect. [prior question]

58

.08E. In the event the DWI suspect is to be released from custody, he is returned to the;

booking area and all personal property listed on the Registration / Property Form is returned. [prior question]

59

.08G. Who will unlock the door to the DWI Testing Room for intoxilyzer operators or officers with DWI suspects?

A detention guard supervisor. [prior question]

60

.08H. While tests are being administered, which persons are allowed in the DWI Testing Room at the City of San Antonio Detention Center?

Only persons on authorized police business or persons with the expressed permission of the Chief of Police. [prior question]

61

.08I. Adult suspects taken to the DWI Testing Room are seated at the;

interview cubicle on the side that restricts the suspect’s field of vision. [prior question]

62

.08I. In accordance with Section .07 of this procedure, Juvenile suspects, in the DWI Testing Room, are seated in the;

office area. [prior question]

63

.08I. These prisoners will remain handcuffed while in the DWI Testing Room.

Violent and uncooperative prisoners

64

.08I. All prisoners will be handcuffed prior to leaving the;

DWI Testing Room.

65

.08I. DWI suspects who pass the intoxilyzer test will also be handcuffed until;

they have been processed out of the Detention Center.

66

.08J. Who will lock the door to the DWI Testing Room?

A detention guard supervisor when notified by the intoxilyzer operator or officer that the room is vacant.

67

.09A. Suspects are not allowed to smoke, chew gum, eat, drink, or;

introduce any substance into their mouth prior to testing.

68

.09B. A qualified intoxilyzer / video operator is assigned to the;

DWI Testing Room every day from 2000 hours to 0600 hours.

69

.09B. During times other than 2000 hours to 0600 hours, the arresting officer will request a qualified;

on-duty intoxilyzer / video operator through
the Communications Unit. [test question]

70

.09C. The arresting officer will request the suspect to voluntarily submit to a;

chemical test to determine the level of alcohol concentration in their system.

71

.09D. The arresting officer prepares and reads SAPD Form #DIC-24,;

Police Officer DWI Statutory Warning, to the suspect.

72

.09E. If the suspect was operating a commercial motor vehicle, the arresting officer also prepares and reads SAPD Form #DIC-55;

Peace Officer Statutory Warning For Commercial Motor Vehicle Operators

73

.10A. The Portable Breath Test – Voluntary: will only be used and administered to drivers under these conditions:

1. Detectable amount - Minor driver.
2. Detectable amount - CMV driver.
3. Driver inability to perform SFST.

74

.10A. What will be used and administered to determine any detectable amount of alcohol in a minor’s system, when an officer has probable cause a minor is operating a motor vehicle under the influence of alcohol?

Portable Breath Tester.

75

.10A. A Portable Breath Tester will be used to determine any detectable amount of alcohol in a non - minor driver’s system while operating a;

commercial motor vehicle

76

.10A. . A Portable Breath Tester will be used, when a driver is suspected of DWI, and is injured, or physically disabled to the point where he or she is;

unable to perform the [SFST].

77

.10A. These officers will record the administering of the portable breath test.

Officers operating vehicles equipped with an on-board video camera.

78

.10A. This will not be recorded by the on-board video camera.

The portable breath test results. [test question]

79

.10A. 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 is not able to be relocated, back into camera range], the officer will;

document, the reason why the test was not recorded on video, in the details of his report.

80

.10A. Portable breath testers will not be issued to or maintained by;

patrol officers assigned to the Patrol Division or the Tactical Support Division. [test question]

81

.10A. The portable breath testers will be carried by;

field supervisors [test question]

82

.10A. 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.

field supervisors [test question]

83

.10A. 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.

84

.10A. Officers will detail in their report the conditions under which a portable breath test is used, including the;

results of the portable breath test. [test question]

85

.10A. In cases, where a suspect, who was operating a motor vehicle, is released after the administering of a portable breath test, all reports shall be;

approved by field supervisors. [test question]

86

.10B. Officers having a suspect who is arrested for the offense of DWI and consents to a breath test;
proceed under the;

direction of the intoxilyzer / video operator.

87

.10B. If the outcome of the breath test shows the Blood Alcohol Concentration (BAC) level is below 0.08 and the suspect is twenty-one (21) years of age or older and is not otherwise impaired, he is;

released from custody and transported to the Growdon Storage Facility located at 3625 Growdon Road to recover his vehicle,

88

.10B. If the outcome of the breath test shows the Blood Alcohol Concentration (BAC) level is below 0.08 and the suspect is under (21) years of age, the suspect is;

handled as DUI in accordance with Section .05 Driving Under the Influence of Alcohol.

89

.10B. If the BAC level is 0.08 or higher, according to booking procedures, he is booked into the;

City Detention Center or Bexar County Juvenile Detention Center.

90

.10B. When the suspect exhibits symptoms of intoxication, but the breath test does not indicate a significant level of alcohol concentration, consistent with the impairment, he is;

evaluated by a DRE.

91

.10B. If the suspect consents to a drug evaluation, proceed under the direction of the drug recognition expert, but If the suspect refuses a drug evaluation, proceed to the;

next step, videotaping of the suspect.

92

.10B. Videotaped - The suspect exhibits symptoms of intoxication but the breath test does not indicate a
significant level of alcohol concentration consistent with the impairment and the suspect has been;

evaluated or refused to be evaluated by a drug recognition expert DRE.

93

.10A. If the suspect consents to being videotaped, proceed under the;

direction of the intoxilyzer / video operator in accordance with Section 11.

94

.10B. If the results of the drug recognition evaluation and / or the videotape show no impairment, and If not otherwise impaired, the suspect is;

released from custody and transported to the Growdon Storage Facility to recover his vehicle.

95

.10B. When the results of the drug recognition evaluation, and / or the videotape, shows the suspect to be impaired, he is booked, according to booking procedures, 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,

96

.10B. If the suspect refuses a drug recognition evaluation and / or refuses to be videotaped, the suspect is;

booked for “DWI Refusal” with the approval of a supervisor.

97

.10B. Officers having a suspect under arrest, for the offense of DWI, who refuses to submit to a voluntary breath test, will process the suspect by section .11 videotaping, and book the suspect for;

DWI Refusal with the approval of a supervisor.

98

.10C. When is the voluntary blood test is offered to a suspect who is under arrest for the offense of DWI?

a. Suspected of under the influence of drugs;
b. Suspect is sick or injured & is transported to a medical facility for treatment.

99

.10C. 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.

100

.10C. Officers will request that medical personnel obtain;

a. [2], gray-topped, vials of, the suspect's blood.
b. [5] to [6] milliliters of blood in each vial.
[test question]

101

.10C. After obtaining a barcode number, the blood samples and the completed Bexar County MEO Toxicology Laboratory – Analysis Request Form, are placed in an envelope and;

left in the appropriate Property Room evidence refrigerator. [test question]

102

.10C. On the outside of the envelope containing blood evidence and analysis request form shall have the following:

1. Necessary info written on outside of envelope;
2. A copy of DIC-23A, Specimen Routing Report, is attached to the envelope.
3. If drug involvement is suspected, make notation on the envelope to have a drug screen test performed.

103

.10C. 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. [test question]

104

.10C. When blood is obtained through a warrant and drawn at the Magistrate’s Office, the submission form is not to be attached to the;

Offense / DWI report; but must accompany the blood evidence and contain an original signature for chain of custody purposes.

105

.10C. Suspects under arrest for the offense of DWI who either consent to a voluntary blood test or who refuse a voluntary blood test:

a. Are booked, with a supervisor's approval, according to booking procedures
b. May be issued SAPD 52 - X, Notice to Hospitalized Suspects, misd DWI offense, and released to hospital's care, with the approval of a supervisor.

106

.10D. 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.

107

.10D. If a traffic accident, due to DWI, resulted in a death or causes SBI to another, the following steps are taken:

a. A T.I.D. Detective is dispatched to the scene of the accident;
b. The S.P. is arrested for Intox Assault or Intox Manslaughter;
c. The S.P. is offered a voluntary blood test by reading SAPD Form #DIC-24, Statutory Warning.

108

.10D. If the suspect refuses a voluntary blood test, a;

mandatory blood specimen will be taken.

109

.10D. If the suspect is unconscious and incapable of refusal, a blood specimen will be taken under;

implied consent.

110

.10D. When a suspect is going to be charged with Intoxication Assault or Intoxication Manslaughter, officers will have;

medical personnel draw the suspect’s blood.

111

.10D. After qualified medical personnel have taken the mandatory blood specimen, officers will follow Subsection .10 in;

processing the blood specimen.

112

.10D. SAPD Form #TLE-51, Statutory Authorization-Mandatory Blood Specimen, and SAPD Form #TLE-51A, Affidavit of Person who Withdrew Blood are;

prepared and submitted for all mandatory blood tests.

113

.10D. 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.

114

.10D. When a mandatory blood specimen has been taken, the adult suspect is to be booked into the;

City of San Antonio Detention Center, by proxy if necessary, for the offense of Intoxication Assault or Intoxication Manslaughter.

115

.10D. When a mandatory blood specimen has been taken from a juvenile, the juvenile is handled in accordance with;

Procedure 602 section for Injured or Sick Juvenile Suspects.

116

.10D. 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 in the nurse’s area of the Detention Center, designed for this purpose.

117

.10D. Officer’s utilizing the Emergency Restraint Chair will will ensure that any restrained suspect is continually monitored by an officer while restrained, and follow the manufacturer's;

instructions for use, posted in the Detention Center medical area.

118

.11A. What is done when a suspect refuses to submit to a voluntary chemical breath test, 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.

Videotaping is conducted

119

.11B. The arresting officer follows the directions of the intoxilyzer / video operator in the;

production of the videotape.

120

.11C. 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 the officer's FSC.
2. A speech test and recital of the alphabet;
3. An Interview.

121

.11D. For each videotape, officers will complete a;

videotape envelope and Video Card, [SAPD Form #24-54].

.

122

.11E. No type of force will be used to get suspects to complete the video once they have;

entered the video room and refused to be videotaped.

123

.12A. In the event a suspect needs to be evaluated for drug usage, a;

Drug Recognition Evaluation is conducted.

124

12A. The Drug Recognition Evaluation is videotaped and is conducted by an;

on-duty DRE. DRE’s are assigned to both patrol and traffic shifts.

125

.12B. Who will attempt to notify a DRE, that is off-duty If no on-duty DRE is available?

The Communications Unit

126

.12B. If the Communications Unit is unable to locate a DRE, or if the DRE is unable to respond to the DWI Testing Room;

within one (1) hour, the suspect will be videotaped in accordance with section .11 of this procedure.

127

.12C. When is the suspect read SAPD Form #DIC-24, Statutory Warning and asked for a blood specimen?

After the sobriety tests have been conducted, and while on videotape.

128

If the suspect voluntarily agrees to give a blood specimen, the suspect is processed in accordance with Section .10, according to the;

type of offense the suspect will be charged with.

129

.12D. If the suspect refuses to be videotaped and / or refuses a voluntary blood test, the suspect is booked for;

DWI Refusal with the approval of a supervisor.

130

.12E. All drug recognition evaluations, to include evaluations for outside law enforcement agencies, are conducted at the;

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

131

.12E. All field sobriety tests, as well as breath tests, which will determine the likelihood of drug influence, should be conducted;

prior to summoning a DRE to the Magistrate’s Office.

132

.12F. If a suspect is evaluated for the use of drugs by a Drug Recognition expert, the DRE will be responsible for using the;

12-Step Drug Recognition Evaluation process, outlined on SAPD Texas DRE Evaluation Form.

133

.12F. The Drug Recognition Expert will properly evaluate the suspect and complete SAPD Form #24-DI, Texas DRE Evaluation Form, including;

medical rule outs.

134

.12F. All Drug Recognition Evaluations will be conducted on videotape, which will begin at the;

Psychophysical Test, Step 5 on SAPD Form #24-DI, Texas DRE Evaluation Form.

135

.12F. The Drug Recognition Expert may ask for a urine or blood specimen to confirm;

his opinion on the Drug Recognition Evaluation form.

136

.12F. If the suspect voluntarily gives a urine specimen, the Drug Recognition Expert will be responsible for;

collection and will fill out request forms for chemical testing at the medical examiners office.

137

.12F. The Drug Recognition Expert will also be responsible for ensuring the;

delivery of the urine sample to the medical examiners office.

138

.12F. If the Drug Recognition Expert is going to request a voluntary blood test from the suspect, the DRE will read SAPD Form #DIC-24, DWI Statutory Warning to the suspect while;

being videotaped requesting the blood test.

139

.12F. If the suspect agrees to provide a voluntary blood specimen, the Drug Recognition Expert will fill out the;

request forms for chemical testing for the medical examiner and give them to the arresting officer.

140

.12F. The arresting officer, will be responsible for transporting the suspect to a medical facility, for the voluntary blood draw, and for ensuring the blood specimen, is placed into the refrigerator at the;

Property Room, prior to the end of their tour of duty.

141

.12F. If prescription medication or drugs are found on the suspect, the arresting officer will be responsible for;

collecting, and turning them over to the Drug Recognition Expert.

142

.12F. The DRE will be responsible for identifying the type of medication / drug through the use of the;

Physician Desk Reference book, and / or Poison Control.

143

.12F. Once the medication / drugs have been identified, the DRE will determine what medication / drugs shall be;

seized as evidence.

144

.12F. The arresting officer will place the medications or drugs determined to be;

evidence in the property room in accordance with departmental procedures.

145

.12F. Depending on the results of the Drug Recognition Evaluation, by the Drug Recognition Expert, and / or the probable cause established by the videotape, the suspect is either:

a. Released and transported to Growdon Storage Facility; or
b. Booked into the City of San Antonio Detention Center or Bexar County Juvenile Detention Center with a supervisor’s approval.

146

.12G. If a Drug Recognition Evaluation is conducted, the arresting officer will ensure the original DRE Evaluation Form, and the Drug Recognition Experts narrative, will be placed with the;

original DWI reports, prior to logging in his report and placing it in the report receptacle, located at each substation.

147

.12H. The Drug Recognition Expert will place a copy of his;

DRE Evaluation Form in the report receptacle labeled “DRE Coordinator,” in the DWI Testing Room.

148

.13A. Subjects who either refuse or fail a breath test or blood test, or minors charged with the offense of DUI, or if operating a commercial motor vehicle, and on the breath test register a;

0.04 or higher alcohol concentration, will be processed under the Administrative License Revocation Statute.

149

.13B. The ALR process consists of the following steps: Subjects refuse or fail a breath or blood test:

a. Officer completes DIC-25, Notice of Suspension and gives a copy to the subject along with a copy of DIC 24 Notice of Suspension.

150

.13B. Subjects operating CMVs who refuse or fail a breath or blood test, or register a 0.04 or higher alcohol concentration, regardless of the type of driver's license held:

Officers complete DIC-54, Peace Officer Sworn Report For CMV Operator, DIC-24, DWI Statutory Warning, DIC-57, Notice Of Disqualification, and MCS-10, [24]- Hour Out-Of-Service Order;

151

.13B. Subjects operating CMVs will be given copies of DIC-24, DWI Statutory Warning, DIC-57, Notice Of Disqualification, and MCS-10, 24 Hour Out-Of-Service Order. What additional form is provided?

DIC-55, Peace Officer Statutory Warning For Commercial Motor Vehicle Operators,

152

.13B. From those persons arrested for violations of P.C. 49.04, DWI, 49.07, Intox Assault, and 49.08, Intox Manslaughter who fail a breath test or refuse to provide a breath or blood specimen, officers will;

confiscate the Texas driver’s license.

153

.13B. From minors arrested for violations of the TABC 106.041 (DUI), Officers will also;

confiscate the Texas driver’s license.

154

.13B. Officers will complete DIC-25, Notice of Suspension and provide a copy to the arrested person as a;

notice of suspension and a temporary-driving permit.

155

.13B. Officers will attach the confiscated driver’s license to the original report, which will be placed into the;

report receptacle at the substation prior to the end of the shift.

156

.13B. These licenses are not confiscated.

Out of State driver licenses

157

.14A. 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.

158

.14B. The officer will place their original DWI report with confiscated driver’s license attached, into the;

locked report receptacle at their substation prior to the end of their shift.

159

.14C. When are copies of all applicable DWI related reports routed to the Traffic Investigations Detail?

When suspects are not booked and charges need to be filed against them by an investigator.

160

.15A. Who is responsible for ensuring an adequate number of officers are certified as intoxilyzer / video operators to ensure twenty-four hour coverage?

The Traffic Commander. [test question]

161

.15B. Who is responsible for the collection of DWI/DUI reports from the report receptacles at the
area substations for routing to the Traffic Investigations Detail?

The Records Unit supervisor. [test question]

162

.15C. Who maintains responsibility for the operational readiness of the breath testing instruments and video equipment; and monitoring the activity in the D.W.I Testing Room?

The Traffic Operations Section [TTE]

163

.15D. Who is responsible for the administering and recording the chemical breath test?

The intoxilyzer/video operator

164

.15D. Who is responsible for the proper recording, production, and storage of the videotape?

The intoxilyzer/video operator

165

.15E. Who are responsible for maintaining an adequate supply of portable breath testers?

All Service Area and Traffic Shift directors

166

.15E. Who are responsible for documenting the issuance of portable breath testers?

All Service Area and Traffic Shift directors

167

.15E. Who are responsible for coordinating the maintenance of the portable breath testers with the Traffic Section Office?

All Service Area and Traffic Shift directors

Decks in General Manual Procedures Class (77):