Intoxicated Driving Arrests - Kansas City Police Department Procedural Instruction (17-12)

A set of practice Q&A flashcards covering key concepts, terms, and procedures from the KC Police Department intoxicated driving arrest directive and annexes.

Any person operating a motor vehicle in Missouri is deemed to have given consent to chemical tests (breath, blood, saliva, or urine) to determine alcohol or drug content; a warrant is required if the arrestee is unconscious.

What is Implied Consent according to this policy?

They mean physically driving or operating a motor vehicle; mere physical control or idling is not a valid basis to support a conviction.

How are 'Drive', 'Driving', and 'Operating' defined in this directive?

A complete and adequate chemical sample; law allows two valid chemical tests for determining BAC (two samples of breath or blood).

What constitutes a 'Valid Chemical Sample' and how many tests may be demanded?

The chemical breath test is the primary method for determining BAC; the arrestee does not have a choice of which chemical test to take; the method is chosen following department procedures.

What is the primary method for determining BAC?

A mandatory 15-minute observation period before the breath test for arrestees with Type II or Type III permits; a current Type II permit holder must supervise to ensure the arrestee does not smoke, vomit, or place any substance in the mouth; the observer must stay close to the subject.

What is the 15-minute observation period and who must supervise?

To determine if an arrestee has two prior alcohol-related enforcement contacts; access is limited to the D.U.I. Section or Traffic Investigation Section (TIS) personnel; used before charging at the state level.

What are DWITS and the D.O.R. System used for?

The report includes the Implied Consent Law and the Miranda Warning; the Breath Test Record is printed and attached as the final page; photocopy of the report is mailed to the Department of Revenue; A version 2389A is used for Spanish or Vietnamese arrest language needs.

What information is contained in the Alcohol Influence Report (D.O.R. Form 2389) and what is attached?

Completed for BAC results of .08% or greater; served by mail after results are available; if the arrestee refuses or cannot sign, note 'refused to sign' or 'unable to sign' and document the reason; not served if blood results are not yet available.

When is the Notice of Suspension (D.O.R. Form 2385) completed and served?

.04% BAC for CMV drivers (not the standard .08%).

What BAC level constitutes intoxication for a Commercial Motor Vehicle (CMV) driver?

For arrestees under 21: administrative suspension or revocation at BAC of .02% or greater; DUI charge at BAC of .05% or greater.

What are the under-21 BAC thresholds for administrative suspension and DUI charges?

Juveniles under 15: Deputy Juvenile Officer (DJO) and parent must be present before questioning; chemical testing may be conducted after DJO is notified. Juveniles over 15 are treated as adults in court; Miranda Warning is read; sight and sound separation from adults is required.

How are juveniles treated differently in the procedure?

Blood is drawn in medical facility with two gray-top tubes; label tubes with initials, complaint number, date/time, and arrestee name; use protective carrier and orange tape; do not seal the top; deliver to CMH Toxicology Lab; attach Form 26 PD and CMH forms; maintain chain of custody.

What is the blood draw procedure and documentation?

VA Hospital will not draw blood specifically for law enforcement purposes, but unused samples drawn for treatment may be provided to law enforcement; follow standard blood-draw procedures otherwise.

What is the VA Hospital exception regarding blood draws?

Drug Recognition Expert (D.R.E.) program detects signs of impairment and establishes probable cause for further investigation; D.R.E. evaluations may involve urine or blood testing; requests go through the traffic dispatcher or on-call D.R.E. via Communications Unit.

What is the D.R.E. program and its purpose?

Type II permits allow operation/repair of breath analyzers by D.U.I. sworn members; Type III permits authorize operation of breath analyzers using expired (alveolar) air; renew every two years; maintain required test counts and logs; never modify equipment; certify reports and record results in Form 166; notify six weeks before expiry.

What are Type II and Type III permits and responsibilities?

The Zero Tolerance section is read in addition to the Implied Consent Law for arrestees under 21.

What does the 'Zero Tolerance' section address for under-21 arrestees?

If a false name is given, the Fingerprint Identification Section issues a Miscellaneous Investigation Report; if the report contains the true identity, file an Affidavit to Withdraw Alcohol Influence Report (4479) and mail to DOR, plus corrected 2389 and related documents. If the report does not contain the true identity, notarize and mail the 4479; void the original citations.

What does Annex F cover regarding false identity, and what steps follow?

In certain counties, two or more prior D.U.I. contacts or an arrest with BAC of .08%+ can lead to state charges; BAC of .20%+ triggers hold; D.U.I./TIS personnel review; use DWITS/D.O.R. to verify prior offenses; if not available, Form 176 can be approved by a sergeant; print the arrestee's criminal history and related reports for case file.

What are the criteria and procedures for filing state charges with prior alcohol-related contacts (Annex D)?

SFSTs include Horizontal and Vertical Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand; tests should be performed at the arrest scene unless unsafe; tests should be recorded on in-car video if possible; if the driver cannot perform or refuses, probable cause exists for DUI arrest.

What is included in on-scene Standardized Field Sobriety Testing (SFST) procedures?