Police Department Policy

6-05 (New 1-16)_Driving Under the Influence Cite and Rel_2967-12262019

Sacramento County Sheriff

Policy Text
Field & Investigative Services Page 1 of 2 6/05 (New 1/16) Rancho Cordova Police Dept. Driving Under the Influence Cite and Release The purpose of this Order is to establish the procedures for ci ting and releasing a DUI driver by or at the direction of the Rancho Cordova Police Depa rtment. I. General The offense of Driving under the Influence of Alcohol or drugs is normally an offense in which the driver is booked into custody. It is reco gnized that there may be circumstances that would be better handled by citing the driver and releasing them in the field. W hile field release is not to be the normal practice, if the situation warrants, the arresting officer may release the driver after issuing a citation. II. Procedure A. The officer should take into consideration the following cir cumstances to determine if their DUI driver is a good candidate for being cit ed and released: 1. The violator vehicle MU ST be towed or stored. 2. Valid PAS and Chemical Test. 3. Previous DUI arrest history. 4. Cooperativeness. 5. Level of intoxication based on the FST’s or test results. 6. Valid form of Government-issued identification. 7. Outstanding medical condition s which would prevent the jail from accepting the driver. 8. Probation and/or parole status. 9. Discretion of the officer at the time. B. Drivers who are transported to a hospital for medical treatm ent or refused admission at the Sacramento Count y Main Jail shall be handled i n Field & Investigative Services Page 2 of 2 6/05 (New 1/16) Rancho Cordova Police Dept. accordance with Operations Order 6/04, DUI Investigations, unde r Section III. F. sub-sections 3, 4 and 5. C. Officers who arrest a DUI dri ver and determine that a releas e in the field may be appropriate. The officer shall be required to do the fo llowing prior to releasing the driver: 1. A records check of the driv er will be conducted to determine their eligibility for release. 2. Notify a Supervisor. 3. The officer shall issue a R ancho Cordova Police Department citation with the appropriate cour t date, time and location the same as any other Misdemeanor Citati on. All other portions of the D UI policy remain the same (e.g. issu ing Admin. Per Se, FST’s, DUI Intoxication Interview questions). 4. The driver shall be released to a responsible person who is a family member or friend, has a valid D river’s License and is not under the influence of any Drug or Alcohol. 5. The responsible person must s ign a Driving Under the Influen ce Cite and Release admonishme nt and be willing to take responsibility for the driver. D. Any of these steps taken sha ll be noted in the CAD Event, wh ich identifies the citation number and the time cited and released. E. If a driver is charged with any Felony Violation they are no t eligible for the issuance of a citation. III. Supervisor Responsibilities Field Supervisors may override th is Order if mitigating circums tances justify a different response. Appendix A: Driving under the Influence Cite and Release Admonishment

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