PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 3.4

Transcription

1 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 3.4 Issued Date: Effective Date: Updated Date: SUBJECT: DRIVING UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE 1 POLICY A. Pennsylvania Vehicle Code Section 3802, "Driving Under the Influence of Alcohol or Controlled Substance" is defined as: A person shall not drive, operate, or be in actual physical control of the movement of a motor vehicle in any of the following circumstances: 1. While under the influence of alcohol, controlled substances or any combination thereof which renders the person incapable of safe driving or while the amount of alcohol by weight in the blood of: *3 An adult is 0.08% or greater or a minor is 0.02% or greater. 2 A person operating a commercial vehicle had 0.04% or more by weight of alcohol in his/her blood at the time of driving, operating or being in actual physical control of the movement of the commercial vehicle. B. Police officers are authorized to arrest without a warrant any person when the officer has probable cause to believe that person has violated any provisions in Section 3802, regardless of whether the alleged violation was committed in the presence of the officer. This authority extends to any hospital or other medical treatment facility located outside the city limits in which the person to be arrested is found, taken or removed to for the purposes of emergency treatment, provided there is probable cause to believe the violation occurred within the city limits. C. Any person who drives, operates, or is in actual physical control of a motor vehicle shall be deemed to have given consent to one (or more) chemical tests of the breath, blood, or urine for the purposes of determining the alcoholic content of blood or the presence of a controlled substance. If an officer has reasonable grounds to believe the person to have been driving, operating, or in actual physical control of the movement of a motor vehicle is: 1. Under the influence of alcohol or a controlled substance or both, OR 2 was involved in an accident in which the operator or passenger of any vehicle or pedestrian required treatment at a medical facility or was killed. DIRECTIVE 3.4-1

2 D. Every person arrested for a violation of Section 3802 will be requested to submit to chemical testing, if feasible. Should the individual refuse to submit to chemical testing, the AID officer shall inform the person that their operating privileges will be suspended as a result of their refusal for a period of twelve (12) months. *5/*6 1. The chemical test of the person's breath, blood, or urine must be obtained within two (2) hours after the person drove, operated or was in actual physical control of the vehicle. E. The Commonwealth of Pennsylvania has adopted a "zero alcohol tolerance policy with respect to juveniles and commercial operators. Consequently, no juvenile, defined as persons under the age 21, may drive, operate or be in physical control of a motor vehicle with any alcohol in their system. (M.V.C. Section 3718) Similarly, no commercial driver shall drive, operate, or be in physical control of a commercial vehicle with any alcohol in their system. (M.V.C. Section 1612) A violation of these provisions is a summary offense. Thus, even if a juvenile or commercial driver is not in violation of Section 3802, Driving Under the Influence, they may still be arrested for the summary violation if it is determined there was any alcohol in their system whatsoever. *2 F. The On-Line Incident Transmittal (INCT) is the computerized record of a complaint, incident or offense (Refer to Computer Training Bulletin 97-3). All applicable information supplied on the Complaint or Incident Report (paper copy) will be entered on the initial INCT screen by the Operations Room Supervisor (ORS) or designee wherein the complaint or incident occurred or exists. All updates to the INCT screen must be made within five (5) days by district personnel. *2 NOTE: All personnel responsible for the integrity of the On-Line Incident Transmittal (INCT) will ensure that all entries are accurate and complete. Uniform Crime Reporting (UCR) statistics are derived from the INCT system and it is imperative that the information in the system is correct and entered/updated in a timely fashion. *4 G. When dispatching a transportation vehicle for a DUI arrest, police radio may use an EPW or any two-person unit in the district of arrest. If no transportation vehicles are available in the district of arrest, police radio will send an EPW or two-person vehicle from the closest adjoining district. District supervisors also have the discretion, manpower permitting, to temporarily create a two person vehicle for the purpose of transporting a DUI arrest. *4 H. An AID supervisor will ensure a PDU supervisor is notified when a DUI check point is being operated or when one is cancelled. DIRECTIVE 3.4-2

3 2. PROCEDURE FOR PROCESSING ARREST OF AN ADULT A. The Police Officer will: 1. Notify police radio that they are investigating an operator of a vehicle suspected of operating under the influence of alcohol or narcotics (DUI). Follow guidelines set forth in Directive 12.8, Vehicle or Pedestrian Investigations. *4 2. Prepare a 75-48A detailing the specifics of the incident to include the probable cause for the stop, and when applicable the reason for a blood draw request. The arresting officer should briefly describe why the operator may be impaired as a result of consuming something other than alcohol. 3. Ensure when an individual (operator of a vehicle or bicycle) is arrested (any charges) and they also violated the Motor Vehicle Code (any violation) during the crime, NO TVR s will be issued to that individual. If a passenger is the only one arrested, TVR s can be issued to the operator as long as the operator is not arrested. a. To document the MVC violations for prosecution, whoever prepares the PARS and PIIN/75-49 reports WILL: 1) List ALL MVC violations in the BODY of both reports (ex Careless Driving, 1511A Failure to Carry License, etc.). The PARS and PIIN/75-49 reports will reflect the MVC violations and include a narrative to support the violations that would have been issued if the officer were permitted to issue the TVR s. b. In the above circumstance, a 75-48A will be completed as follows: 1) Officers WILL check the Vehicle involved in Violation of the MVC block. 2) In the TC Issued block the officer will check NO. 3) In the Reason for Stop section, the officer will state the Vehicle Code Violation(s) and that the citations will be handled through the DA s office operator arrested 4) Officers WILL check the Vehicle Involved in Criminal Activity block and describe the suspected crime. NOTE: A vehicle investigation where the operator is wanted for an Existing Arrest Warrant ONLY is considered two (2) separate incidents and TVR s CAN be issued without the risk of Double Jeopardy. DIRECTIVE 3.4-3

4 NOTE: If the arrest is as a result of a vehicle or pedestrian investigation, a separate Vehicle or Pedestrian Investigation Report (75-48A) must be completed with separate DC numbers. The DC numbers must be crossreferenced on each report. 4. Ensure the operator's vehicle is secured and parked in a legal manner. Car keys, registration card, operator's license, etc. should accompany the operator to the Police Detention Unit (PDU). 5. Return to the district to complete processing the arrest once the operator is placed in an EPW or two person vehicle for transportation. *1/*4 B. The EPW crew or two person vehicle will: 1. Prior to transporting the prisoner, the transporting officer will notify police radio that they are en route to the PDU with a DUI arrest. The officers will request a time check upon departure from the scene and upon the arrival at the PDU parking lot. 2. If there is a delay in the intake area of the PDU, the recorder will approach the bay doors and notify the supervisor through the intercom system that they have a priority prisoner. Emergency patrol wagons and DUI s will be admitted to the next available bay area. Prisoners will not be walked in from outside of the secured bay area. *4 NOTE: All DUI arrests will be treated as a priority and will not wait in line to enter the Police Detention Unit. 3. Turn the prisoner over to the PDU supervisor along with the prepared copy of the and/or 75-48A. 4. Stand by for a priority medical evaluation of the prisoner by the nurse. If the nurse determines that further medical treatment or hospitalization is required, the wagon crew will transport the prisoner to the nearest hospital. *6 5. Due to the necessity of completing the testing of the DUI within two (2) hours they should be tested by the AID officer prior to the examination by the nurse. If there are several DUI s waiting to be tested the AID officer may direct the transporting officers to the nurse prior to testing. If the prisoner is below the legal BAC limit, the transporting officers will return the person to the location of arrest. 6. If the prisoner is a juvenile (under the age of 18) the transporting officers will remain at the PDU and transport them back to the district of arrest. DIRECTIVE 3.4-4

5 C. The Operations Room Supervisor (ORS) will: 1. Ensure the Preliminary Arraignment System (PARS) generated report is prepared properly and electronically transmitted to the PDU to avoid causing any delay in prisoner processing. NOTE: This report contains all the necessary information for processing a DUI arrest (The PARS report is two (2) pages long and contains a number of DUI-related fields). Ensure special attention is given to the "Facts of the Case" section of these reports. The arresting officer's probable cause for arrest must be explained in narrative form. a. In the event of a failure in the PARS system, follow the guidelines established in the PARS Failure Contingency Plan. Questions may be directed to the PARS Help Desk, xxx-xxxx or xxxx. 2. Ensure the original arrest paperwork remains in the district of arrest. *2 3. Upon receipt of the AID Breathalyzer Results Notification Message, the ORS will: a. if the legal threshold is met, the defendant is slated and updated in the INCT and PARS; or b. if the legal threshold is NOT met and the individual is being released from police custody, access the INCT 48 screen for the incident and enter NO in the founded field for the Phila Code of 2101 Driving Under the Influence. 4. Ensure an additional set of District Control (DC) numbers is obtained when the operator has been involved in a vehicle accident. 5. Ensure the PARS Central Booking Number (CBN) is provided to the detective supervisor if the detective division is adding additional charges. NOTE: Investigators should access the edit arrest report function in PARS to add additional charges to a DUI arrest to avoid creating a second CBN. D. The Police Detention Unit (PDU) Supervisor will: 1. Ensure all EPWs transporting suspected DUI operators are given priority in bringing their prisoners into the PDU. 2. Ensure the nurse in the PDU conducts a priority medical evaluation while the EPW crew stands by. If hospitalization is required, the supervisor will instruct the EPW to take the prisoner to the hospital and follow the procedures in Directive 3.14, "Hospital Cases". Otherwise, take custody of the prisoner and immediately release the wagon crew to return to service (except juveniles). DIRECTIVE 3.4-5

6 NOTE: Ensure the AID breath analysis operator is immediately notified when a DUI suspect is being transported to a hospital. 3. Ensure the prisoner is immediately taken for a breath analysis. Once it has been determined the subject will be charged, they will be photographed and fingerprinted. 4. Ensure when breathalyzer is completed, a printed copy of the PARS arrest report is forwarded to the Reports Control Unit (RCU), Police Headquarters, Room 302. E. The Breath Analysis Operator will: *5 1. Inform the prisoner that refusal to submit to a Breathalyzer test and/or blood test when requested will result in their Pennsylvania driving privileges being suspended. 2. If the prisoner submits, properly perform the breath test and complete the Chemical Analysis Report (75-439) and enter the Blood Alcohol Concentration (BAC) results into PARS. a. If the prisoner refuses to submit to either the breath analysis or blood test, fill out Refusal Form (DL-26). 3. If the results of the Breathalyzer test are not consistent with the prisoner s demeanor, they will be asked to submit to a blood test. Refusal of further testing will result in the suspension of their operator license for one (1) year. *6 a. As stated in Section 1-D-1, the chemical test of the prisoners breath, blood or urine must be obtained within two (2) hours after the person drove, operated or was in actual physical control of the vehicle. 4. Ensure the breath results are entered into the PARS system. 5. As per Section 1-E, issue a summary citation (03-8) when: a. The weight of alcohol in the blood of a minor operating a motor vehicle is less than 0.02%. (VC 3802) NOTE: When the weight of alcohol in the blood is shown to be 0.02% or greater the minor will be arrested and processed as per MVC 3802, "Driving under the Influence of Alcohol or Controlled Substance". b. The weight of alcohol in the blood of the operator of a commercial vehicle is less than 0.04%. (VC 1612) DIRECTIVE 3.4-6

7 NOTE: When the weight of alcohol in the blood is shown to be 0.04% or greater the violator will be arrested and processed as per MVC 3802 "Driving Under the Influence of Alcohol or Controlled Substance. *6 6. If the prisoner is not going to be charged, have them sign the DUI release form after checking the appropriate release option and release the prisoner to the transporting officers. *2 7. Prepare and forward the AID Breathalyzer Result Notification Message to the district of occurrence. F. The Accident Investigation District will maintain a calibrated breath analysis instrument in the PDU and a back-up unit as required on a 24-hour basis. The Commanding Officer, AID will ensure a breath analysis operator is available to the PDU on a 24-hour basis. G. The Accident Investigation District will ensure that the Breath Analysis Report (75-439), Breath Instrument Printer Card, and where applicable the Refusal Warning Form (DL-26) are processed and forwarded to the District Attorney's Pre-Trial Unit. Copies of the same report should be sent to the Reports Control Unit to be filed with other investigation reports by DC number. *4 NOTE: The AID Observation Officer s name, badge and payroll number will be notated on the H. The Reports Control Unit will forward a copy of the PARS arrest report and the Refusal Form (DL-26) (when applicable) to: The Department of Transportation Bureau of Traffic Safety Operations Citation Processing T & S Building, Room 302 Harrisburg, PA PROCEDURE FOR PROCESSING ARREST OF A JUVENILE A. The ORS will comply with the guidelines established in Directive 5.5, "Juveniles in Police Custody" and will ensure: 1. If the arrest is a result of a vehicle or pedestrian investigation, a Vehicle or Pedestrian Investigation Report (75-48A) must be completed with separate DC Numbers in addition to the prepared for the arrest. The DC numbers must be cross-referenced on each report. DIRECTIVE 3.4-7

8 2. A parent or guardian of the juvenile is notified of the arrest and processing procedures. (Do not send parents to the PDU.) 3. A sequence number is obtained, and enter all juvenile information into PARS. 4. The PDU Supervisor is notified that a juvenile is enroute. 5. The district EPW that transports the juvenile to the PDU will stand by to transport them back to the district of arrest. When additional criminal charges are recommended against the juvenile arrested for DUI the appropriate Detective Division will be notified and receive a control number. 6. Pertinent information is documented on the S&R. B. The PDU supervisor will ensure that juveniles require top priority in processing, including fingerprinting and photographing. 4. PROCEDURE FOR PROCESSING AN OPERATOR WHO WAS INJURED OR INVOLVED IN AN ACCIDENT A. The first police officer on the scene of an accident involving an operator, who is under the influence of alcohol, drugs, or both, will in follow guidelines outlined Directive 9.6 Vehicle Accidents. 1. Determine if the operator in question has been injured and requires transportation to the hospital. If they do, handle as a prisoner/hospital case, summon an EPW or Fire Medic Unit for transportation, and a patrol supervisor. a. If the prisoner is admitted to the hospital or delayed, notify the patrol supervisor. b. Follow procedures outlined in Directive 4.13 Prisoners in Hospital. 2. If the operator does not require hospital treatment, have the EPW transport them directly to the PDU after obtaining all the necessary information. 3. Prepare a 75-48, in addition to the proper accident report, and proceed to the district of occurrence to prepare the arrest report. Once the paperwork is completed, transmit via PARS, or if PARS is down, refer to the PARS Failure Contingency Plan. Questions may be directed to the PARS Help Desk, or NOTE: An additional set of DC numbers MUST be obtained for the accident. DIRECTIVE 3.4-8

9 4. In cases where the operator arrested has caused damage to the property of another, ensure the property damage and corresponding blocks are completed on the PARS report. In the details section, include name, address, and telephone number of the property owner. *5 5. Notify AID if applicable, as per Directive 9.6, Vehicle Accidents. Any crash scene that AID will be responding to should be treated as a crime scene and officers should be guided by Directive 4.1, Responsibilities at a Crime Scene. A crime scene caused by vehicles colliding into each other or a pedestrian will not be restricted to the area where the vehicles or persons come to a final rest or stop. This type of scene may begin a block or more from this location and continue beyond that area. 6. AID will prepare and issue the appropriate TVRs when they conduct the follow up investigation. *6 EXCEPTION : When a vehicle investigation results in an arrest for DUI then the arresting officer must issue a TVR indicating the violation they observed that instigated the stop. This violation will serve as probable cause for the DUI arrest. The arresting officer should also issue appropriate TVRs when the vehicle is being live stopped. B. The Patrol Supervisor will: 1. Ensure AID is notified and an investigator is sent to the hospital when the prisoner is admitted and/or detained for a long period of time may affect the outcome of the breath analysis test. a. Ensure all guidelines listed in Directive 4.13, Prisoners in Hospitals are followed. 2. Contact the ORS in the district of occurrence to have a work copy of the PARS report printed and a copy of the arrest delivered to the hospital, along with a Biographical Information Report (75-229). The Property Receipt (75-3) for blood alcohol specimens will be supplied by AID. C. The AID investigator, upon arrival at the hospital with a blood/alcohol specimen kit, will: 1. Request the prisoner to submit to a blood/alcohol test, advising them that refusal will result in the suspension of driving privileges for one (1) year. 2. If the prisoner complies, request that the attending physician or their designee take the blood sample while in your presence. DIRECTIVE 3.4-9

10 3. Ensure two (2) vials of blood are drawn. Properly complete the forms enclosed in the blood/alcohol specimen kit, prepare the Property Receipt (75-3), and personally deliver the evidence to AID Headquarters. Ensure the blood is properly stored until transported to the contracted lab. a. If the prisoner cannot consent and the attending physician agrees, the test will be given. 4. If the prisoner is charged with Section 3802 of the PA Vehicle Code only and refuses to submit to the test, the AID officer will fill out the Refusal Form (DL-26). 5. If the prisoner caused an accident resulting in fatal or serious bodily injuries and has additional charges filed against them (e.g. Aggravated Assault, Manslaughter), blood will be obtained. If they refuse, a search warrant and/or court order will be secured to obtain the blood. 5. PERMITTING VIOLATION OF TITLE A. When the owner of a vehicle is a passenger in the auto and the driver is charge with driving under the influence, the owner will be charged with violating MVC Section 1575 (a) "Permitting Violation of Title." 1. Any person violating MVC Section 1575 (a) is guilty of the same offense(s) as the driver and will be processed as a summary offender. They will be issued a TVR for violation of VC Section 3802, as authorized under MVC Section 1575 (a) and released. NOTE: This is a non-custody violation and no fingerprinting is required (unless to verify identity). 2. An owner-passenger is not subject to a breath analysis or a blood alcohol test. 6. IGNITION INTERLOCK LICENSES A. On September 30, 2000, Pennsylvania enacted Act 63, Ignition Interlock Law, which requires an individual convicted of a second or subsequent offense of driving under the influence to have an approved Ignition Interlock system installed on each motor vehicle they own for one (1) year before they are eligible to apply for an unrestricted driver s license. All Driving Under the Influence (DUI) offenses will be counted as prior offenses regardless of the date they occurred. Individuals who do not have the system installed will be ineligible to have their driving privileges restored for an additional one (1) year period. DIRECTIVE

11 B. Definition 1. Ignition Interlock is a device installed on motor vehicles to prohibit individuals under the influence of alcohol from operating the vehicle. Individuals are required to blow into the device before starting the vehicle. If the device detects an alcohol level of.025% or more, it will prevent the vehicle from starting. C. The law requires all vehicles owned by the individual be equipped with an Ignition Interlock device. NOTE: There is no Ignition Interlock device manufactured for motorcycles. Therefore, unless the individual has an Ignition Interlock device installed on another vehicle, they will be ineligible for restoration of their drivers license for an additional one (1) year period. D. When an individual s job requires them to drive a company vehicle, the vehicle must be equipped with an Ignition Interlock device, or the individual will not be permitted to operate it. E. When a family only owns one vehicle, family members will still be able to operate the vehicle. However, they will need to go through the breath test whenever prompted by the system. F. Procedure 1. When a police officer has articulable and reasonable grounds to suspect a traffic violation has occurred, they may stop the vehicle, upon request or signal, for the purpose of checking the vehicle s registration, proof of financial responsibility, vehicle identification number, engine number or the driver s license. 2. When a police officer stops an individual who was issued an Ignition Interlock License (see illustration) and the vehicle they are operating is not equipped with the Ignition Interlock device, they will be arrested for operating a motor vehicle not equipped with an Ignition Interlock device (Crimes Code 3808A). 3. Police radio will verify if the operator should have a Ignition Interlock License upon conducting a BMV check. 4. The patrol vehicle s Mobil Data Computer (MDC) will provide the same information. 5. The offender will be issued a Non-Traffic Summary Citation (30-8), following the procedures in Directive 12.10, Issuance of Non-Traffic Summary Offenses. NOTE: Offenders who are found considered as Driving Under the Influence will be processed as outlined in this directive. DIRECTIVE

12 G. When a violation of the Ignition Interlock Law is committed in any LIVE STOP area the vehicle will be processed as outlined in Directive 12.8, Appendix B, Live Stop Program. H. Illustration Red banner with words Limited License Red map of Pennsylvania With words Ignition Interlock RELATED PROCEDURES: Directive 3.14, Hospital Cases Directive 4.1, Responsibilities at Crime Scenes Directive 4.13, Prisoners in Hospitals Directive 5.5, Juveniles in Police Custody Directive 9.6, Vehicle Accidents Directive 12.8, Vehicle or Pedestrian Investigations Directive 12.10, Issuance of Non-Traffic Summary Citations BY COMMAND OF THE POLICE COMMISSIONER FOOTNOTE GENERAL# DATE SENT REMARKS * Addition * Changes * Change * Deletions/Additions * Changes * Additions DIRECTIVE