Policy Text
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Rancho Cordova Police Dept.
Driving Under the Influence Investigation
The purpose of this Order is to o utline procedures to investiga te and document all
Driving Under the Influence (DUI) cases for prosecution or othe r administrative action
when the Sacramento County Sher iff’s Department provides traffi c enforcement
responsibilities to a con tract city or entity.
I. Policy
It shall be the policy of the Sacr amento County Sheriff’s Depar tment, when
providing contract services, to increase public safety by condu cting strict and
diligent DUI enforcement. This includes properly documenting a ll cases, allowing
for successful prosecution and ad ministrative action, with the purpose of
increasing public saf ety and reducing DUI r elated collisions.
II. General
A. The following is a list of def initions commonly used in the investigation of a
DUI case:
1. DUI – Driving under the influence of alcohol, drugs, or a combination of alcohol and drugs.
2. ADULT – A person 21 year s of age or older.
3. JUVENILE – A person under 18 years of age.
4. MINOR – A person under 21 years of age.
5. HGN – Horizontal Gaze Nystagmus test.
6. OLS – One Leg Stand test.
7. WAT – Walk and Turn test.
8. NHTSA SFST (National Highway T raffic Safety Administration
Standardized Field Sobriety Tests ) – The three test battery of SFST
certified by NHTSA. These in clude HGN, OLS, and WAT.
9. DS367 – DMV form “Age 21 and Ol der Officer’s Statement”,
commonly referred to as an Admin per Se.
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Rancho Cordova Police Dept.
10. DS367M – DMV form “Under Age 21 Officer’s Statement”,
commonly referred to as an Admin per Se.
11. SFST- Standardized Field Sobriety Tests.
12. PAS – Preliminary Alcohol Screening Device.
13. BAC – Blood Alcohol Content
B. The following is a list of r elated enforcement sections:
1. Felony Charges:
a. CVC 23153(a) – Driving under the Influence of Alcohol
causing injury to person other than driver.
b. CVC 23153(b) - Driving under the Influence of Alcohol with a
Blood Alcohol Content greater than .08 causing injury to
person other than driver.
c. CVC 23153(d) - Driving under the Influence of Alcohol with a
Blood Alcohol Content greater than .04 in a commercial
vehicle causing injury t o person other than driver.
d. CVC 23153(e) - Driving under the Influence of any Drug
causing injury to person other than driver.
e. CVC 23153(f) - Driving under the Influence of a combination
of Alcohol and any Drug causing injury to person other than driver.
2. Felony Enhancements:
a. CVC 23550 – Three prior convictions of 23103, 23152,
23153 in previous ten (10) Years.
b. CVC 23550.5 CVC – One prior conviction of a Felony charge
of 23152 in previous ten (10) years.
3. Misdemeanor Charges:
a. CVC 23152(a) - Driving under the Influence of Alcohol.
b. CVC 23152(b) - Driving under the Influence of Alcohol with a
Blood Alcohol Content greater than .08.
c. CVC 23152(d) - Driving under the Influence of Alcohol with a
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Rancho Cordova Police Dept. Blood Alcohol Content greater than .04 in a commercial
vehicle.
d. CVC 23152(e) - Driving under the Influence of any Drug.
e. CVC 23152(f) - Driving under the Influence of a combination
of Alcohol and any Drug.
f. CVC 23247(e) – Driving a vehicle without an ignition
interlock device.
g. CVC 14601.2(a) – Driving on a Suspended License for DUI.
h. CVC 14601.5(a) – Drivi ng on a Suspended License for
Excessive B.A.C.
4. Infraction Charges
a. CVC 23136(a) – Person under 2 1 driving with a BAC .01 -
.04
b. CVC 23140(a) – Person under 2 1 driving with a BAC .05 -
.07.
c. CVC 23154(a) – Person on DU I Probation shall not drive
with a BAC of .01 -.07.
5. Enhancements
a. CVC 23572(a) – A child under the age of 14 in the vehicle
when the DUI takes place ( does not supersede PC 273a).
b. CVC 23577(a) – Dr iver willfully refuses a chemical test.
c. CVC 23578 – Sentence enhancement for conviction of
23152 and the BAC is in excess of .15 or refusal of a chemical test.
d. CVC 23538(b)(2) – Sentence enhancement for first time
offender with BAC in excess of . 20 or a refusal