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314 Driving While Intoxicated (Issued 05-15-2008)FRIDLEY POLICE DATE OF ISSUE NUMBER: GENERAL ORDER May 15, 2008 314 SUBJECT: REVISION DATE SECTION: Driving While Impaired (DWI) May 15, 2008 Yellow I. PURPOSE To formulate standard department policy and prescribe specific procedures regarding the processing of persons arrested for alcohol related driving offenses. II. POLICY In an attempt to reach a balance between prosecution requirements and maintain an appropriate street manpower level for public and officer safety, it is necessary to provide procedures for handling alcohol related driving offenses that will insure appropriate evidence for court purposes and make efficient use of officer’s time. III. REFERENCES Minnesota Statutes § 169A Driving While Impaired IV. PROCEDURE A. AT THE SCENE OF THE TRAFFIC STOP 1. The driver should be asked to perform field sobriety tests; preferably the National Highway Traffic Safety Administration (NHTSA) Standardized Field Sobriety Test (SFST) battery. The SFST battery consists of the Horizontal Gaze Nystagmus (HGN) Test, The Nine (9) Step Walk and Turn Test, and the One (1) Leg Stand Test. Other forms of sobriety testing that could be used include: Reciting alphabet from beginning to end and the Romberg Test (place feet together, tilt head back and shut eyes). In all cases the officer should be trained in the form of testing used. a. Circumstances preventing field sobriety tests (weather, combative subject, etc.), should be noted in the police report. 2. A preliminary breath test (PBT) may be administered as a screening device to assist in determining probable cause. The results of the PBT should be included in the police report, including the serial number of the PBT used. 3. Arrested party’s vehicle should be impounded as necessary and noted in the police report. B. IMPLIED CONSENT ADVISORY 1. Officers will read the Minnesota Implied Consent Advisory form to the arrested party at the scene of the traffic stop or at a secured facility (police department, jail, etc.). If officers tape record the reading of the Implied Consent Advisory, it must be noted in the police report. 2. If the arrested party declined to contact an attorney and has made a decision to take a chemical test, the officer shall transport the arrested party to the appropriate facility (police department, jail, etc) for testing. 3. If the arrested party requests to contact an attorney, the officer shall transport the arrested party to the appropriate facility (police department, jail, etc). The officer shall give the arrested party access to a phone and phone books. For your own guideline, it is felt that twenty (20) minutes should be reasonable and sufficient time to contact an attorney. The arrested party shall be allowed to make long distance calls if requested. 4. If there is no chemical test to be given or the party refuses to take a test, the officer shall follow the appropriate release procedures as they pertain to the party arrested. C. TESTING PROCEDURES. 1. If the breath test is obtained and the alcohol concentration reading is below .08 and the officer suspects the arrested party may be under the influence of a controlled substance, a second test can be requested. The Implied Consent Advisory form must be read to the arrested party a second time and “controlled substance” specified in the reading. The officer must specify a blood or urine sample when the implied consent form is read the second time. If the arrested refuses the second request, the implied consent form is submitted for the refusal and the driver’s license revocation form is filled out. 2. Any additional tests (blood, breath, or urine) requested by the arrested person are at their own expense. The Department is under no obligation to provide transportation to hospitals, clinics, or any other facility for these additional tests. If the arrested party is going to be transported to jail and requests an additional test, the officer shall allow the party to have access to the phone and phone books to make arrangements for an additional test at the jail. Officers are to advise jail staff and note the request of the additional test in the police report. D. REVOCATION PROCEDURES: 1. If the arrested party has a Minnesota driver’s license a notice of revocation form is issued and the Minnesota driver’s license is to be clipped in the upper corner if the arrested party refuses to test or submits to a breath test and receives an alcohol concentration reading of .08 or more. If the arrested party provides a blood or urine test, the Minnesota Department of Public Safety will issue the revocations if needed. 2. If the arrested party is operating under an out-of-state driver’s license, a notice and order of revocation form is issued if the arrested party refuses to test or submits to a breath test and receives an alcohol concentration reading of .08 or more. If the arrested party provides a blood or urine test, the Minnesota Department of Public Safety will issue revocations if needed. Officers are not to clip out-of-state driver’s licenses. E. LICENSE PLATE IMPOUNDMENT: 1. If the vehicle the arrested party was operating has Minnesota license plates, officers are to issue a license plate impoundment form if it applies and remove the license plates from the vehicle prior to it being removed from the scene. Officers are to place the license plates in the property room of the police department. 2. If the vehicle the arrested party was operating has out-of-state license plates, no impoundment form is to be issued unless the driver owns a vehicle in Minnesota. Officers are not to remove out- of state license plates. F. CHARGING PROCEDURES: 1. If the arrested party is only being charged with misdemeanor offenses, the officer shall issue a citation and may transport the arrested party to jail. The officer may elect to release the arrested party at the police department to a responsible adult, if one is available to respond within a reasonable period of time, and if the arrested party was satisfactorily identified. 2. If the arrested party is being charged with a gross misdemeanor offense, the officer shall transport the party to jail and have him/her booked on the charges. The officer may issue at 1.04 form, listing all charges unless the offense requires a mandatory hold. 3. If the arrested party is being charged with a felony offense, the officer shall transport the party to jail and have him/her booked on the charges. G. DISPOSITION: 1. If the arrested party is only being charged with misdemeanors, the officer has the following release options: a. Release to a responsible friend or relative. The name of the person taking custody should be obtained and included in the police report. b. Taken to a detox facility when appropriate. c. Taken to the Anoka County Jail and booked on the charges. 2. Parties arrested and charged with DWI should not be released to fare on their own or make their own arrangements. Arrested parties also should not be released to a taxi cab service. H. JUVENILE PROCEDURES 1. The procedures for a juvenile arrested for DWI are the same as that of an adult. 2. Juveniles will not be given court dates by the arresting officer. The juvenile and their parents(s) will be notified by mail by the court. Juveniles will not be booked at the Anoka County Jail for DWI offenses. Complete names, addresses, and phone numbers for both parents should be obtained and the police report should reflect to whom the child was released.