GGPDE_504_-_Impaired_Driving_2827966

Policy 504Garden Grove Police Department Policy Manual Copyright Lexipol, LLC 2022/12/22, All Rights Reserved. Published with permission by Garden Grove Police DepartmentImpaired Driving - 1Impaired Driving 504.1 PURPOSE AND SCOPE This policy provides guidance to those department members who play a role in the detection and investigation of driving under the influence (DUI). 504.2 POLICY The Garden Grove Police Department is committed to the safety of the roadways and the community and will pursue fair but aggressive enforcement of California's impaired driving laws. The Garden Grove Police Department, based on available accident and violation data, will identify the most prevalent periods of violations. The emphasis program will be implemented on an as needed basis with the periods to be covered to be determined by the Traffic Commander or supervisor. The emphasis program will increase the amount of officers during the targeted period, having the primary goals of detection, apprehension and processing the drinking driver. Specific holiday periods which have a high concentration of drinking driver-related accidents will be reviewed, and specific directed priority patrol assignments may be made to impact drinking drivers during that time period. Ongoing reviews of available accident and violation data by the Crime Analysis Unit will be used in conjunction with priority patrol assignments to meet department team policing goals in traffic enforcement and accident reduction. The Traffic Supervisor or designee will provide additional training with Field Sobriety Testing procedures, updates of changes in Driving Under the Influence laws, and enforcement procedures. 504.3 INVESTIGATIONS Officers should not enforce DUI laws to the exclusion of their other duties unless specifically assigned to DUI enforcement. All officers are expected to enforce these laws with due diligence. The Special Services Lieutenant will develop and maintain, in consultation with the prosecuting attorney, report forms with appropriate checklists to assist investigating officers in documenting relevant information and maximizing efficiency. Any DUI investigation will be documented using these forms. Information documented elsewhere on the form does not need to be duplicated in the report narrative. Information that should be documented includes, at a minimum: (a)The field sobriety tests (FSTs) administered and the results. (b)The officer’s observations that indicate impairment on the part of the individual, and the officer’s health-related inquiries that may help to identify any serious health concerns (e.g., diabetic shock). (c)Sources of additional information (e.g., reporting party, witnesses) and their observations. Garden Grove Police Department Policy Manual Impaired Driving Copyright Lexipol, LLC 2022/12/22, All Rights Reserved. Published with permission by Garden Grove Police DepartmentImpaired Driving - 2(d)Information about any audio and/or video recording of the individual’s driving or subsequent actions. (e)The location and time frame of the individual’s vehicle operation and how this was determined. (f)Any prior related convictions in California or another jurisdiction. 504.3.1 INVESTIGATION PHASES A DUI contact involves four separate phases. (a)Observations of the vehicle in motion or at a traffic collision location (b)Personal contact (c)Pre-arrest screening (d)Arrest and booking 504.4 FIELD TESTS The Special Services Lieutenant should identify standardized FSTs and any approved alternate tests for officers to use when investigating violations of DUI laws. 504.5 CHEMICAL TESTS A person implies consent to a chemical test or tests, and to providing the associated chemical sample, under any of the following (Vehicle Code § 23612): (a)The person is arrested for driving a vehicle while under the influence, pursuant to Vehicle Code § 23152. (b)The person is under 21 years of age and is arrested by an officer having reasonable cause to believe that the person’s blood alcohol content is 0.05 or more (Vehicle Code § 23140). (c)The person is under 21 years of age and detained by an officer having reasonable cause to believe that the person was driving a vehicle while having a blood alcohol content of 0.01 or more (Vehicle Code § 23136). (d)The person was operating a vehicle while under the influence and proximately caused bodily injury to another person (Vehicle Code § 23153). If a person withdraws this implied consent, or is unable to withdraw consent (e.g., the person is unconscious), the officer should consider implied consent revoked and proceed as though the person has refused to provide a chemical sample. 504.5.1 STATUTORY NOTIFICATIONS Officers requesting that a person submit to chemical testing shall provide the person with the mandatory warning pursuant to Vehicle Code § 23612(a)(1)(D) and Vehicle Code § 23612(a)(4). Garden Grove Police Department Policy Manual Impaired Driving Copyright Lexipol, LLC 2022/12/22, All Rights Reserved. Published with permission by Garden Grove Police DepartmentImpaired Driving - 3504.5.2 PRELIMINARY ALCOHOL SCREENING Officers may use a preliminary alcohol screening (PAS) test to assist in establishing reasonable cause to believe a person is DUI. The officer shall advise the person that the PAS test is being requested to assist in determining whether the person is under the influence of alcohol or drugs, or a combination of the two. Unless the person is under the age of 21, the person shall be advised that the PAS test is voluntary. The officer shall also advise the person that submitting to a PAS test does not satisfy the person's obligation to submit to a chemical test as otherwise required by law (Vehicle Code § 23612). 504.