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Policy 504Santa Ana Police Department Santa Ana PD Policy Manual Copyright Lexipol, LLC 2022/11/22, All Rights Reserved. Published with permission by Santa Ana Police DepartmentImpaired Driving - 1Impaired Driving 504.1 PURPOSE AND SCOPE This policy provides guidance for department members who play a role in the detection and investigation of driving under the influence (DUI). 504.2 POLICY The Santa Ana 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. 504.3 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 Commander will develop and maintain, in consultation with the Orange County District Attorney's (OCDA) Office, 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. 504.4 FIELD TESTS The Traffic Commander should identify standardized FSTs and any approved alternate tests for officers to use when investigating violations of DUI laws. See Santa Ana Police Department Driving Under the Influence Report Form. 504.5 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): Santa Ana Police Department Santa Ana PD Policy Manual Impaired Driving Copyright Lexipol, LLC 2022/11/22, All Rights Reserved. Published with permission by Santa Ana Police DepartmentImpaired Driving - 2(a)The person is arrested for driving a vehicle while under the influence, pursuant to Vehicle Code § 23152. (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. 504.5.1 STATUTORY NOTIFICATIONS Officers requesting that a person submit to chemical testing shall provide the person with the mandatory warning pursuant to Vehicle Code § 23612(a)(1)(D) and Vehicle Code § 23612(a)(4). 504.5.2 PRELIMINARY ALCOHOL SCREENING Officers may use a preliminary alcohol screening (PAS) test to assist in establishing reasonable cause to believe a person is DUI. The officer shall advise the person that the PAS test is being requested to assist in determining whether the person is under the influence of alcohol or drugs, or a combination of the two. Unless the person is under the age of 21, the person shall be advised that the PAS test is voluntary. The officer shall also advise the person that submitting to a PAS test does not satisfy the person's obligation to submit to a chemical test as otherwise required by law (Vehicle Code § 23612). 504.5.3 PRELIMINARY ALCOHOL SCREENING FOR A PERSON UNDER AGE 21 If an officer lawfully detains a person under 21 years of age who is driving a motor vehicle and the officer has reasonable cause to believe that the person has a blood alcohol content of 0.01 or more, the officer shall request that the person take a PAS test to determine the presence of alcohol in the person, if a PAS test device is immediately available. If a PAS test device is not immediately available, the officer may request the person to submit to chemical testing of the person's blood, breath, or urine, conducted pursuant to Vehicle Code § 23612 (Vehicle Code § 13388). If the person refuses to take or fails to complete the PAS test or other chemical test, or if the result of either test reveals a blood alcohol content of 0.01 or more, the officer shall proceed to serve the person with a notice of order of suspension pursuant to this policy (Vehicle Code § 13388). 504.5.4 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). Santa Ana Police Department Santa Ana