Police Department Policy

General Order 06-08 DUI-DUID_Redacted

Richmond PD

Policy Text
Page 1 of 16 General Order 6 -8 - (10/24 /24) DUI/DUID RICHMOND POLICE DEPARTMENT GENERAL ORDER Subject: DUI/DUID Chapter 6 Number 8 # Pages 16 CALEA Standard : 61.1.10 VA Code : §16.1-247, 16.2 -248.1, 18.2 -51.4, 18.2-266, 18.2-266.1, 18.2-268.3, 18.2-272(B ), 46.2 -301.1 , 46.2-391.2 Related Orders: 1-20, 6-14, 7-18, 8-3 and 8 -7 Effective Date : 10/24/202 4 Revised By: Review Prv. Rev. Date: 08/10/ 2021 If any provision of this General Order conflicts with any collective bargaining article, the collective bargaining agreement shall govern. Chief of Police: I. PURPOSE The purpose of this directive is to establish the policy and procedure for administering sobriety tests, breath tests and/or blood tests to persons arrested for operating a motor vehicle under the influence of alcohol and/or drugs , including per sons under the age of 21 arrested for operating a motor vehicle after the illegal consumption of alcohol and for conducting other legally requ ired tasks in a driving under the influence of alcohol and/or drugs, including prescription drugs, (DUI/DUID ) situation. The Drug Evaluation Classification Program (DEC P) is part of the Richmond City Police Department’s efforts to reduce drug –impaired driv ing. The objective of this program is to provide the field with certified Drug Recognition Experts (DRE ) capable o f gathering evidence as necessary to substantiate charges of drug influence in operating under the influence (OUI) cases . As a continuing pr actice and as deemed necessary, the department will train members to become certified DRE s. Only members who have re ceived approved National Highway Traffic Safety Administration (NHTSA) DRE training and International Association of Chief s of Police (IAC P) certification and or re-certification may be considered a department DRE or DRE Instructor . II. SUMMARY OF CHANGE This policy is due for triannual review. There ha ve been changes made to procedures and additional forms have been added. All changes have bee n placed in bold and italics throughout the document. III. POLICY The Richmond Police Department recognizes the need to mai ntain a safe environment for all operators of motor vehicles . Therefore, the policy of the Department is to enforce all laws concerning driving under the influence of al cohol and/or drugs (DUI/DUID ). It is unlawfu l for any person to drive or operate any mo tor vehicle, engine, or train while under the influence of alcohol or while under the inf luence of any drug of any nature to the extent it impairs their driving ability . Page 2 of 16 General Order 6 -8 - (10/24 /24) DUI/DUID IV. ACCOUNTABILITY STATEMENT All employ ees are expected to fully comply with the guideli nes and timelines set forth in this general order . Failure to comply will result in appro priate correct ive action . Responsibility rests wi th the Division Commander to ensure that any violations of policy a re investigated and appropriate training, counselin g and/or disciplinary action is initiated. This directive is for internal use only and does not enlar ge an employee’s civil liability in a ny way. It should not be construed as the creation of a higher st andard of safety or case in an evidentiary sense, wit h respect to third party claims . Violation of this directive, if proven, can only for m the basis of a complaint by this Department, and th en o nly in a non -judicial administrative setting. V. DEFINITIONS A. Drug Eval uation Classification Program (DECP) – A 12 -step standardized and systematic process to determine if a motorist is driving under the influence of drugs . B. Drug Recognition Expert (DRE) – Officers with specialized training who perform an evaluat ion pro cedu re that can distinguish individuals under the infl uence of alcohol, other drugs, combination of alcohol and other drugs, and inj ury/illness . C. International Association of Chief s of Police (IAC P) – A non -profit organization that provides trainin g and in form ation exchange in the police profession to improve and advance the science and art of police services. D. IMPLIED CONSENT – Person s arrested while operating a vehicle within the Common wealth of V irginia are deemed to have consented to have samples of their breath and/or blood tested to determine alcohol and/or drug content. E. MOTOR VEHICLES – Any motorized vehicle, i.e. , car, motorcycle , truck , bus, recreational vehicle and/or pedal bicyc le with hel per motor (moped ) operating on public highways. NOTE: Pedal Bicy cles without helper motors are not subject to DUI /DUID regulations . (VA Code §18.2-266) F. National Highway Traffic Safety Adminis tration (NHTSA ) – A government agency of the Executiv e Branch, p art of the U.S. Department of Transportation. G. Operating Un

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