The University. Department of Police Services

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1 The University of Vermont Department of Police Services Department Directive # OPS-1110 Subject: DUI Enforcement CALEA Standards , , , Rescinds All Previous Directives Effective Date: 2002/03/22 Issue Date: 2002/03/22 Reviewed/Revised Date: 2006/03/27 Purpose: To establish the guidelines for proper detection, investigation, processing, and reporting of persons suspected of driving under the influence of alcohol or other drugs. Policy: It is the policy of UVM Police Services to take aggressive action in the enforcement of all Operating Vehicle Under the Influence (DUI) laws. It is the responsibility of all officers to be familiar with the latest court rulings concerning DUI. I. Applicable Statutes (See attached copies) ( ) A. T23VSA1200 Definitions B. T23VSA1201 Operating Vehicle Under Influence of Intoxicating Liquor or Other Substance C. T23VSA1216 Persons Under 21; Alcohol Concentration of 0.02% or More D. T23VSA1218 Commercial Motor Vehicles; 0.04%

2 E. T23VSA1219 Commercial Motor Vehicle; Detectable Amount; Out-Of- Service II. Training ( ) All officers shall be certified by the Vermont Criminal Justice Training Council in the detection, administration of field sobriety exercises, and the use of the Datamaster Infrared breath-testing device. Officers will conduct each step of the DUI enforcement process (officer contact, field sobriety exercises, processing, etc.) in accordance with the most current training and in compliance with the latest court rulings on the subject. Officers may be selected on the basis of experience and proficiency in the area of DUI enforcement for advanced training and assignment to department and multi-jurisdictional selective enforcement teams. III. Equipment A. The department will have available a Datamaster Infrared breath testing device and evidentiary and independent blood sample kits. ( ) B. Each marked police cruiser should be equipped with a preliminary breathtesting device (Alco-sensor). ( ) C. All officers participating in selective DUI enforcement programs will only use fully marked police cruisers for the assignment. ( ) IV. Officer Contact A. Officers should be familiar with locations in and around the department s patrol areas that have a past history of alcohol/drug-impaired drivers and alcohol/drug related crashes. ( ) B. Officers will be familiar with the common indicators of operation under the impairment of alcohol/drugs, and should use this knowledge to establish a legal reason to conduct a motor vehicle stop. ( ) C. Motor vehicle stops shall be made when the officer has reasonable suspicion that the operator is driving under the influence of alcohol/drugs. When feasible, observation of operation ought to be conducted prior to stopping a vehicle in order to assist in the substantiation of the officer s suspicion of operation under impairment. All operators suspected of operating under the influence should be 2

3 stopped as soon as reasonable suspicion exists and it is safely practical. ( a) D. No officer shall arrange for, nor give, a ride home in lieu of making an arrest for DUI. V. Investigatory Questions ( ) A. Operators should be adequately identified and officers should ask only those questions associated with alcohol consumption as permitted under current law. B. When the incident involves a non-witnessed crash, the officer shall make such inquiries as to establish if the operator has consumed alcohol since the crash, and if so, how much. VI. Standardized Field Sobriety Exercises ( ) A. Operators suspected of being impaired may be asked to exit the vehicle for performance of sobriety exercises. Officers are authorized to order operators to exit the vehicle. The operator should be asked if he/she has any physical problems that would prevent the taking of the test. The operator may be given such recognized field sobriety exercises as: 1. Horizontal Gaze Nystagmus (HGN) 2. Walk and Turn 3. One Leg Stand 4. Other exercises which are recognized as having a high legitimacy in establishing probable cause for DUI. B. The officer should attempt to administer at least three (3) sobriety exercises if feasible, as he/she was trained. If the operator cannot or will not perform the exercises, the officer shall note this in his/her report/affidavit. C. A preliminary breath-testing device (Alco-sensor) sample may be requested from the operator. The officer should not base his/her decision to arrest the operator for DUI solely on a preliminary breathtesting device sample; other indicators should also be observed to establish probable cause. 3

4 D. The operator shall be taken into custody and processed for DUI if the officer develops probable cause that the operator committed said crime. VII. Arrest ( ) A. All persons suspected of DUI shall be taken into custody pursuant to Vermont Rules of Criminal Procedure (VRCrP) Rule 3 (a) (5), which allows an officer to arrest an operator for DUI without an arrest warrant if the officer has probable cause to believe that the operator has committed the crime of DUI. The arrestee may only be detained for the limited purpose of obtaining a sample of breath or blood, fingerprints and photos. ( a) B. All persons taken into custody should, whenever feasible, be handcuffed in the back, with the cuffs double locked, and placed in the right rear seat of the police cruiser for transport to the location the evidentiary test will be administered. Whenever possible, a cruiser with a protective barrier will be used. When transporting persons in custody, the subjects should be seat belted in a seated position. Failure to do so could endanger the safety of the transporting officer and/or subject in custody. C. The passenger compartment of the suspect vehicle should be searched incident to arrest for evidence of the crime and weapons, as allowed by the laws of arrest. Any evidence of any crime shall be inventoried for inclusion in the affidavit of probable cause for arrest. VIII. Passengers ( ) A. All passengers should be identified and every reasonable attempt made to obtain a statement using the department s Sworn Statement Form. B. Incapacitated passengers shall be handled in accordance with Title 33 VSA 708 (b) through (j). Incapacitated juvenile passengers shall be turned over to a parent or guardian, or custody maintained pursuant to Title 33 VSA C. Impaired persons shall not be allowed to be in control of any vehicle. D. Officers shall arrange for transportation from the scene for any passengers in need of that service. 4

5 IX. Suspect Vehicles A. Any vehicle stopped in the travel portion of the roadway or in a location where the vehicle cannot be left safely, should be moved by one of the following procedures: 1. Moved or removed by a non-impaired passenger, (or some other person contacted for the operator in a reasonable amount of time), who has a valid driver s license, with the permission from the operator. 2. Moved by an officer, with permission from the operator. 3. Removed and impounded by a tow truck of the department s choosing. B. All vehicles left at the scene shall be secured to the best of the officer s ability. Items that are unable to be secured may be removed by the officer and brought to the department to be released to the owner or someone of the owner s choosing. X. Processing ( ) A. Operators taken into custody will be brought to the department, or other agency, for the administration of an evidentiary test. B. Standard Arrest and Bail paperwork will be completed. The suspect s Vermont driver s license will be confiscated to be sent to DMV, along with the notice of Intent to Suspend and a copy of the affidavit. Note: DO NOT confiscate a license issued by another state, and do not cut, staple or damage the confiscated license. C. An evidentiary blood sample, drawn by a qualified medical professional, may be requested when: 1. The breath-testing equipment is not reasonably available; 2. The operator is unable to give an adequate breath sample; 3. When the officer has reasonable grounds to believe the person is under the influence of a drug other than alcohol; or 4. If the person is incapable of decision-making, or is unconscious or dead. 5

6 D. DUI processing forms provided by the State of Vermont will be used. Officers should select the appropriate form in accordance with the situation: 1. DUI Processing Form Infrared 2. DUI Processing Form Blood Note: Supplemental pages are permissible when needed E. The forms will be used in the manner and order currently prescribed by the Chittenden County State s Attorney. F. All persons processed for DUI should be photographed and fingerprinted. XI. Release From Custody ( ) A. The decision to continue custody or release on a citation shall be based on VRCrP Rule 3 (c) which allows for continued custody of persons with a previous conviction of Title 23 VSA Third and subsequent offenses are felonies, and the person is to be treated as any felony offender under VRCrP Rule 3 (c). ( b) B. If the person is to be lodged, the appropriate section of the processing form must be completed. The officer must also discern if the operator wishes to obtain an independent blood test, and if so, the officer must arrange for the test. If the person is released and requests an independent blood test, the officer will provide the person with an independent blood kit and a list of local facilities that will perform the test. C. At the conclusion of processing, the officer may release the impaired person to a non-impaired adult who is willing to accept responsibility for the person. If such a person cannot be reasonably located, then the officer may arrange for a taxi or other acceptable transportation to the person s destination at the subject s expense. The officer, when reasonable and with a supervisor s approval, may provide a courtesy escort. D. If the officer discerns that the person is incapacitated, custody may be continued in accordance with Title 33 VSA 708. E. If the person is not impaired, he/she may be released into his/her own custody. F. Juveniles shall be released to a parent or guardian. 6

7 XII. Paperwork (61.1.4) ( ) A. Upon release from custody, the operator should be given the following as it applies to them: 1. Citation for appearance in court ( a) 2. Operator s copy of infrared ticket ( d) 3. List of independent blood sample facilities ( d) 4. Independent blood test kit ( d) 5. Intent to Suspend (may also be mailed at a later date) ( b) 6. Copy of affidavit (may also be mailed at a later date) B. The DUI affidavit and the Intent to Suspend forms shall be completed by the officer within three (3) business days so the appropriate mailings can be made. C. The remainder of the case should be completed as soon as possible. The case must be completed in time to be copied, assembled, and delivered to the State s Attorney s Office ten (10) business days before the arraignment date. By Order of the Chief/Director Gary J. Margolis, Ed.D. 7