PROCEDURES USED BY THE POLICE DEPARTMENT

CONCERNING DUI ARREST

Recommendation:

That the City Council accept the attached report and receive and file it.

Background:

The City Council, at its meeting of March 25, 1997, directed that staff return with a report on the procedures involved in a DUI arrest. I have attached a report prepared by the Police Department. The report details the process that is used, which is primarily set forth in state law and various court decisions.

HBPD MEMORANDUM

DATE: April 3, 1997

TO: Chief Straser

FROM: Sgt. Tom Thompson

RE: DUI Investigation

The Hermosa Beach Police Department follows the California Vehicle Code, Administrative Code, Evidence Code and recent case decisions in the investigation and testing of drivers suspected of driving under the influence of drugs and/or alcohol.

An officer has probable cause to stop a vehicle suspected of driving under the influence when the officer sees the vehicle commit a vehicle code violation (speeding, driving without headlights on at night, etc.), weaving or the vehicle is involved in a collision and the officer had reasonable cause to believe he or she was driving.

The officer talks to the driver and makes observations as to his or her symptoms of intoxication. This could be slurred speech, bloodshot or watery eyes, an odor of an alcoholic beverage, staggered walk, etc.

If the officer suspects a driver is impaired he gives the driver a series of tests called a field sobriety test. These tests are designed to show divided impairment. When a driver is impaired their ability to perform mental and physical functions is diminished. Every driver tested may show a different degree of impairment based upon their mental and physical coordination or the amount of drugs and/or alcohol in their system. The officer looks at the overall performance of the driver including the ability to follow instructions and forms an opinion as to whether he or she believes the driver is driving under the influence or drugs and/or alcohol.

The Officer may elect to use a Preliminary Alcohol Screening (PAS) device in the field (23137/13353.2 CVC). The officer must inform the driver that the PAS test is not mandatory and the driver can refuse to take it. If the driver refuses the officer makes his or her opinion based upon the tests already completed.

Once the driver has been arrested, he or she must submit to a blood, breath or urine test (23157 CVC). If the officer suspects that there is a combination of alcohol and drugs involved or just a drug involved the driver can be told to submit to a urine or blood test. If the driver submits to a breath test he or she can elect to take a urine or blood test so a sample can be saved for later testing (23157.5 CVC).

If the driver refuses his or her driving privilege can be revoked by the DMV for 1, 2 or 3 years depending on any prior convictions (13353 CVC). The drivers license of any driver arrested for DUI will be taken if they show a blood alcohol level of 0.08 or higher or completed a blood or urine test and the officer believes the results will show the concentration to be 0.08 or higher (0.05 if driver is under 21). There is no provision to take a drivers license if the driver is just under the influence of drugs.

Additional charges can be added if the driver refuses to take a test (13353 CVC), has a suspended or revoked license (14601 et.al. CVC) or has an expired or no license (12500 (a) CVC). The driver's vehicle can be impounded based upon the arrest, suspended license status, being unlicensed, or the vehicle has not been registered for 6 months or more (22651 CVC).