507Impaired_Driving

Policy 507San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2024/10/31, All Rights Reserved. Published with permission by San Luis Obispo Police DepartmentImpaired Driving - 1Impaired Driving 507.1 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). 507.2 POLICY The San Luis Obispo 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. 507.3 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 Traffic Sergeant 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. (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. 507.4 FIELD TESTS The Traffic Sergeant should identify standardized FSTs and any approved alternate tests for officers to use when investigating violations of DUI laws. 507.5 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. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Impaired Driving Copyright Lexipol, LLC 2024/10/31, All Rights Reserved. Published with permission by San Luis Obispo Police DepartmentImpaired Driving - 2(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. 507.5.1 CHOICE OF TESTS Officers shall respect a viable choice of chemical test made by an arrestee, as provided for by law (e.g., breath will not be acceptable for suspected narcotics influence). A person arrested for DUI has the choice of whether the test is of the person's blood or breath, and the officer shall advise the person that the person has that choice. If the person arrested either is incapable, or states that the person is incapable, of completing the chosen test, the person shall submit to the remaining test. If the person chooses to submit to a breath test and there is reasonable cause to believe that the person is under the influence of a drug or the combined influence of alcohol and any drug, the officer may also request that the person submit to a blood test. If the person is incapable of completing a blood test, the person shall submit to and complete a urine test (Vehicle Code § 23612(a)(2)(C)). 507.5.2 BREATH TEST The Field Service Technician should ensure that all PAS devices used for the collection and analysis of breath samples are properly serviced and tested and that a record of such service and testing is properly maintained. The Field Service Technician should also insure that all POA/PEBT devices are properly tested and that a record of such testing is properly maintained. A third party vendor currently services the POA/PEBT devices. Officers obtaining a breath sample should monitor the PAS and POA devices for any sign of malfunction. Any anomalies or equipment failures should be noted in the appropriate report and promptly reported to their supervisor. Malfunctioning PAS and POA devices should be removed from service until they are properly inspected and, if needed, repaired. When the arrested person chooses a breath test, the handling officer shall advise the person that the breath-testing equipment does not retain a sample, and the person may, if desired, provide a blood or urine specimen, which will be retained to facilitate subsequent verification testing (Vehicle Code § 23614). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Impaired Driving Copyright Lexipol, LLC 2024/10/31, All Rights Reserved