Policy Text
Policy
504Garden Grove Police Department
Policy Manual
Copyright Lexipol, LLC 2023/02/09, 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 2023/02/09, 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 2023/02/09, 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.