Policy Text
SACRAMENTO POLICE DEPARTMENT
GENERAL ORDERS
GO 537.01
Page 1 of 6
537.01
DRIVING UNDER THE INFLUENCE PROCEDURES
2-27-2025
PURPOSE
The purpose of this policy is to outline procedures to investigate and document all driving under the influence
(DUI) cases for prosecution or other administrative action.
POLICY
It shall be the policy of the Sacramento Police Department to investigate and document all DUI cases for
prosecution or other administrative action.
PROCEDURE
A. DEFINITIONS
1. ADULT – A person 21 years of age or older.
2. ARIDE – Advanced Roadside Impaired Driving Enforcement.
3. DRE – Drug Recognition Expert, or an officer who has completed both the classroom and field
certification process to become a certified DRE. Only certified DRE’s can perform a DRE examination.
4. DS367 – DMV form, “Age 21 and Older Officer’s Statement.”
5. DS367M – DMV form, “Under Age 21 Officer’s Statement.”
6. DUI – Driving under the influence of alcohol, drugs, or a combination of both.
7. FST – Field Sobriety Test:
a. HGN – Horizontal Gaze Nystagmus test.
b. OLS – One Leg Stand test.
c. WAT – Walk and Turn test.
d. NHTSA SFST (National Highway Traffic Safety Administration Standardized Field Sobriety Tests) –
The three- test battery of SFST certified by NHTSA. These include HGN, WAT, and OLS.
8. JUVENILE – A person under 18 years of age.
9. MINOR – A person under 21 years of age.
B. INVESTIGATION
1. Establishment of driving:
a. When driving is observed, officers should recognize and document any driving behavior that may
demonstrate impairment.
b. When driving is not observed, officers should conduct thorough investigations to determine if
probable cause exists to establish that driving occurred.
(1) Officers authorized to make DUI arrests in accordance with Penal Code § 836 and Vehicle
Code § 40300.5.
2. Preliminary interview:
a. Prior to conducting FST, when possible, officers should conduct a preliminary interview of the
driver.
b. Officers should establish a driver’s drinking, eating, sleep patterns, possible medical conditions,
possible drug use, and if the subject was the driver.
c. A list of recommended questions is located on the DUI Investigation Card (SPD 541) and on the
DUI Investigation Report Supplement (SPD 170).
3. Field sobriety test:
a. Officers should, whenever possible, use established FST to evaluate drivers who are suspected of DUI. Officers should use the NHTSA SFST three -test battery of HGN, OLS, and WAT.
b. In addition to the NHTSA SFST three- test battery, officers may use any of the following:
(1) Alphabet Test.
SACRAMENTO POLICE DEPARTMENT
GENERAL ORDERS
GO 537.01
Page 2 of 6
(2) Counting Test (Backward from 100 - 80).
(3) Romberg Test.
(4) Finger to Nose.
(5) Other field sobriety tests as are appropriate.
(6) A preliminary alcohol screening (PAS) test may be used in accordance with General Order
410.15 (Preliminary Alcohol Screening [PAS] Devices).
4. Drug evaluation:
a. In addition to SFST’s, if a driver is suspected of driving under the influence of a drug, officers should
request a DRE -certified officer.
(1) If an SPD officer is unavailable to conduct a DRE examination, a request can also be made to
the California Highway Patrol.
(2) If there are not any officers available to conduct a DRE examination, officers should continue
with the arrest and request the assistance of an ARIDE -trained officer. Officers should
document in their arrest report that a DRE examination was requested.
C. CHEMICAL TESTING
1. Officers shall advise the driver of the chemical testing requirements affecting them. These
requirements shall be made in accordance with Vehicle Code §§ 13353, 13353.1, 23154, and 23612.
a. Advisements should be completed by reading the Chemical Test Admonition directly from the reverse side of the DS367 or DS367M.
b. If the driver is suspected of being under the influence of a drug (or a combination of a drug and alcohol) and have a completed breath test, the officer shall advise the person they are also required to submit to a blood or urine test to determine drug content. This advisement should be completed by reading the Drug Admonition Supplement from the reverse side of the DS367 or DS367M.
2. Officers shall obtain a chemical test from arrestees, including those who refuse to comply with chemical testing requirements in accordance with General Order 522.04 (Chemical Testing of Arrestees).
D. CHARGING DUI
1. Officers may charge a person in accordance with Penal Code § 148(a)(1) if the arrestee refuses to
comply with a court order or warrant signed by a judge.
2. In addition to applicable DUI charges, officers should charge appropriate additional violations (e.g., hit and run, evasion, licensing violations, or violations of probation or parole).
a. Infraction moving violations are considered lesser included violations and should not be charged in
addition to misdemeanor or felony DUI charges.
3. Absent conditions listed in the felony section, officers should, when appropriate charge any