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DUII Cues
  • Problems in maintaining proper lane position
    • Weaving
    • Weaving across lane lines
    • Straddling a lane line
    • Drifting
    • Swerving
    • Almost striking a vehicle or other object
    • Turning with a wide radius or drifting during a curve
  • Speed and braking problems
    • Stopping problems (too far, too short, too jerky)
    • Accelerating for no reason
    • Varying speed
    • Slow speed
  • Vigilance problems
    • Driving without headlights at night
    • Failure to signal a turn or lane change or signalling inconsistently with actions
    • Driving in opposing lanes or the wrong way on a one-way street
    • Slow response to traffic signals
    • Slow or failure to respond to officer’s signals
    • Stopping in the lane for no apparent reason
  • Judgment problems
    • Following too closely
    • Improper or unsafe lane change
    • Illegal or improper turn (too fast, jerky, sharp, etc.)
    • Driving on other than the designated roadway
    • Stopping inappropriately in response to an officer
    • Inappropriate or unusual behaviour
    • Appearing to be impaired
  • Post Stop Cues
    • Difficulty with motor vehicle controls
    • Difficulty exiting the vehicle
    • Fumbling with driver’s license or registration
    • Repeating questions or comments
    • Swaying, unsteady, or balance problems
    • Leaning on the vehicle or other object
    • Slurred speech
    • Slow to respond to officer or officer must repeat questions
    • Providing incorrect information or changes answers
    • Odour of alcoholic beverage from the driver
Common Errors
  1. Issues Regarding Stops and Arrests.
    1. Be able to testify why you stopped the vehicle
    2. Any questioning of the driver should be related to the stop UNTIL you develop reasonable suspicion that the crime of DUII has occurred.
    3. For Implied Consent, asking about drinking before reasonable suspicion is an investigatory question not related to the stop UNLESS you already have reasonable suspicion.
    4. Be able to testify what your reasonable suspicion was (signs of impairment).
  2. Deficiencies in Pre-Test Observation Period.
    1. Can't leave the room
    2. Can’t give the driver water
    3. Remember it’s time for OBSERVATION, not WAITING.
  3. Failure to Allow Attorney/Other Person Consultation.
    1. Must give any requested phone call before the driver provides a sample – but ONLY if requested by the driver.
    2. The phone call, if requested, must be given whether Miranda given or not.
    3. Read NOTICE OF PRIVATE CONSULTATION before giving the phone call.
  4. Not Knowing (or not being able to identify) What Paperwork Provided the Driver.
    1. Driver gets yellow pages (marked “Driver”) from ICCR.
      1. Notice of Suspension
      2. Notice of Rights and Consequences (on the back of their copy)
      3. Notice of Rights and Procedures in DMV Implied Consent Hearings
      4. Temporary Driving Permit (if applicable)
    2. Copy of Intoxilyzer Breath Test Result
    3. Possibly other paperwork (e.g. CMV Addendum)
  5. Not Knowing How the Driver Got their Notice (Paperwork).
    1. You must testify how you gave Notice to the driver
      1. Paperwork given directly to driver OR
      2. Paperwork given to jail staff and request it be placed in prisoner property.
Resources
DUII Workflow
Trigger Event
MVA
Was The Suspect Transported to Hospital?

NOTE:
  • Document ANY injuries, especially if the arrest involves a crash that did, or might, result in death or physical injury to any person other than the defendant.
    • This is necessary documentation for the DA to ensure that the defendant does NOT qualify for a “Diversion” agreement.
  • Fill in in Crash Incident Timesheet
Traffic Stop
Establish PC
Stacks Image 495
  • When I approach the vehicle, what do I see?
  • When I talk with the driver, what do I hear, see, and smell?
  • How does the driver respond to my questions?
  • Should I instruct the driver to exit the vehicle?
  • How does the driver exit?
  • When the driver walks toward the side of the road, what do I see?
Observations
  • Odour of alcohol in vehicle: None, faint, moderate, strong
  • Odour of chemicals in vehicle: Marijuana, chemical odours
  • Odour of alcohol on subject/breath: None, faint, moderate, strong
  • Coverup: Smoke, gum, perfume,…
  • Facial: Normal, droopy eyelids, flushed, pale
  • Eyes: Normal, bloodshot, constricted, dilated, glassy, red, watery
  • Speech: Normal, confused, incoherent, repetitious, slow, slurred, stutter, talkative, thick tongued…
  • Balance: Normal, cautious, falling, staggering, stumbling, swaying, wobbly, colliding
  • Document production: Normal, dropped, fumbled, slow.
  • Demeanour: Polite, belligerent, combative, cooperative, crying, excited, laughing, hostile, insulting, loud, profane, resisting, sleepy, overly nervous, stuporous
  • How did the vehicle stop: Hit the curb, stopped in middle of lane, didn't notice emergency lights
  • Open container(s) in vehicle: Remove them from the vehicle so driver can't say they drank during stop
  • Witness statements
SFST
Administer Rohrs Admonishment
I am asking you to provide physical cooperation and submit to purely physical field sobriety tests. None of the tests I ask you to perform will require you to reveal your thoughts, beliefs, or state of mind. The tests will include the horizontal nystagmus test, the walk and turn test and the one leg stand test (briefly explain & demonstrate tests excluding counting out loud.)

Do you have any questions regarding these tests or what I am asking you to do? Your failure to provide physical cooperation and submit to these purely physical tests may be used against you in any criminal or civil proceedings
Administer Miranda Pre-SFST
  • You have the right to remain silent.
  • Anything you say can and will be used against you in a court of law.
  • You have the right to an attorney.
  • If you cannot afford an attorney, one will be provided for you.
  • Do you understand the rights I have just read to you?
Administer SFST
  • If Rohrs administered and subject AGREES to SFST, DO NOT have the suspect perform verbal components of the tests
  • If Rohrs Administered and subject REFUSES SFST and DID NOT invoke you can still ask questions
SFST Field Deck
Administer Miranda
  • You have the right to remain silent.
  • Anything you say can and will be used against you in a court of law.
  • You have the right to an attorney.
  • If you cannot afford an attorney, one will be provided for you.
  • Do you understand the rights I have just read to you?
Arrest
  • Place suspect into handcuffs
  • Inform suspect of reason for Arrest: "Suspicion of DUII"
  • Check cuffs for comfort and double lock
  • Advise dispatch of in-custody (important for arrest time)
  • Search suspect incident to arrest
  • Search vehicle incident to arrest (Take photographs if appropriate)
  • From dispatch
    • Case number
    • Print D07 & LEDS reports at location where taking suspect
  • Fill in MVA report if faced with an MVA
  • Towing
    • Articulable reasons to believe suspect will attempt to drive the vehicle within a few hours of the DUII arrest.
    • Fill in required vehicle inventory report
  • Transport suspect to Intoxilyzer location if not invoked
    • Notify dispatch of beginning & ending mileage

Did the suspect invoke Miranda, OR was someone other than the suspect seriously injured or killed?
Implied Consent Breath
  • Required Documents
    • Implied Consent Combined Report (ICCR)
    • Commercial Motor Vehicle (CMV) Addendum
      • If the suspect is commercially engaged & required to possess a CDL
    • D07
    • LEDS printouts for suspect
  • Check the power indicator on the Intoxilyzer to ensure it's on.
  • "Ready to Start” should be displayed.
  • Check date & time are correct.
  • If incorrect note the correct time and date on the report and contact OSP Implied Consent.
  • Print & fill-in the Intoxilyzer checklist (F2 key to print)
Observation Period
  • Ask subject to open their mouth, then lift the tongue:
    • Check for any foreign substance in the mouth or under the tongue
  • Fill in start time of 15 minute observation period on Intoxilyzer checklist
    • Use the time on the Intoxilyzer for the start and stop time
    • Give 16 minutes to avoid doubt
    • Do NOT leave the room during the observation process
    • This is a time for OBSERVATION, not WAITING
  • Fill in top of the Implied Consent Form
    • Obtain the EXACT date and time of arrest from CAD or Dispatch
  • If suspect is commercially engaged & required to possess a CDL
    • Fill out top of the CDL Implied Consent Addendum
  • Don't allow subject to: eat, drink, smoke, chew tobacco, place anything in the mouth, regurgitate or vomit during the observation period
Observation Period Continued
After 15 minutes observation period ask the suspect if they have regurgitated any stomach contents into their mouth
Breath Test
  1. Read the following statement to the subject (located on the front of the instrument):
    • I WANT YOU TO TAKE A DEEP BREATH AND BLOW INTO THE INSTRUMENT WITH ONE LONG, CONTINUOUS BREATH. BLOW WITH SUFFICIENT FORCE TO INITIATE AND MAINTAIN THE AUDIBLE TONE. CONTINUE BLOWING UNTIL I TELL YOU TO STOP. DO YOU UNDERSTAND THESE INSTRUCTIONS?
    • If necessary, re-instruct subject on giving a proper breath sample & indicate that failure to comply will result in a refusal
  2. Have the subject provide a breath sample
    • Proper sample delivery is indicated by a continuous audible tone & “Please Blow” displayed.
    • If the subject not cooperating with the breath test. Re-instruct.
    • If it's determined the subject is refusing:
      • Abort test using “A” key (only during the 3 minute breath sample period).
      • Maintain Observation of subject
      • Click/Tap the 'Refusal button below'
    • A 'period' displayed after “Please blow” indicates adequate sample collection
  3. Instruct the subject to stop blowing.
  4. When 'Please Wait XX:XX remaining' is displayed a two minute observation time counts down
    • Observe the subject ensuring they don't take anything by mouth, vomit, or regurgitate liquid from the stomach into the mouth
  5. When “Please blow into mouthpiece to activate tone” is displayed the display's top line the device is ready to perform second breath test
  6. Perform steps 1 through 4 above again for second sample
  7. After testing is complete, “Add Comments (Y/N)?” Is displayed. Enter:
    • 'N' - the device prints test reports.
    • 'Y' - The device displays three (3) comment messages, starting with “Comment Line 1”
  8. Three (3) copies of the complete test report are printed. Keep all copies!
  9. Complete operator’s checklist with the operator’s name, department, signature and operator’s permit #
Breath Test Failure
  • On the ICCR 'Test Failure Section'
    • Fill in Instrument serial number
    • Tick one of the suspension period boxes
  • Tick the DMV hearing conducted in person
  • Fill in at the bottom of ICCR form:
  • Seize Oregon Driving Licence
  • ICCR temporary permit form:
    • Check D07 for driver eligibility
    • If driver ELIGIBLE for temp permit
      • Tick 'Yes' box next to 'Eligible for temporary permit'
      • Fill in licence type, restrictions, & endorsement from ODL
      • Fill in effective from time from D07
      • Have driver sign or know to sign permit to make it valid
    • If driver is NOT ELIGIBLE
      • Tick the 'No' box next to 'Eligible for temporary permit'
      • Make sure NOT to give the driver the permit
  • Complete Intoxilyzer Operator’s Checklist
Breath Test Pass
Based on PC, do you suspect a drugs DUII?
End Implied Consent Breath
  • Tick the ICCR 'Driver did not fail test nor refuse to submit…' box
  • DO NOT submit any forms to DMV. Keep for own records
DRE Process
  • Ask the suspect if they would be willing to speak with a drug recognition expert
  • Explain to them that what you are seeing from the breath test in inconsistent with what you are observing
  • The DRE may help clarify why that is the case
Does the suspect consent to seeing a DRE?
Request a DRE
Is a DRE available?
DRE Available
  • Have the DRE evaluate the suspect
  • Remember the DRE provides an opinion
  • Generally the DRE generally request a urine sample from suspect
Regurgitation
This is the suspect's first regurgitation. Advise them that continued regurgitation may be considered a refusal for the purposes of the implied consent process
Restart Observation Period
  • Fill in start time of observation period on Intoxilyzer checklist
    • Observation time must be at least 15 minutes.
    • Give 16 minutes to avoid any doubt
    • Use the same time piece for the whole process
    • Best practice: Use the time on the Intoxilyzer for the start and stop time
    • Do NOT leave the room during the observation process
    • This is a time for OBSERVATION, not WAITING
  • Ask subject to open their mouth, then lift the tongue:
    • Check for any foreign substance in the mouth or under the tongue
  • Don't allow subject to:
    • eat, drink, smoke, chew tobacco, place anything in the mouth, regurgitate or vomit during the observation period
  • After observation period ask subject if they have regurgitated any stomach contents into their mouth
    • No: Continue with the breath test
    • Yes: Re-instruct and re-start the observation period. If regurgitation continues this may be a refusal.
Refusal Breath Test

Any conduct, short of an unequivocal, unqualified assent to the request to take a test is a refusal.

  • If occurring during 3 minute breath sample period:
    • Pressing the “R” key on the Intoxilyzer
  • IMPORTANT: document conversation with the suspect relating to refusal.
    • What did the subject SAY AND DO to indicate refusal?
    • What are the observations regarding subject’s ability to provide a breath sample?
  • If allowing suspect to change their mind:
    • Provide an opportunity to take a test even if the instrument registered a refusal.
    • If the suspect gives a sample:
      • Do NOT give them Implied Consent refusal paperwork
      • Given them paperwork for a test failure - if applicable
  • On the ICCR 'Test Refusal' Section' Tick
    • You refused to submit to a breath test'
    • The one or three year suspension box
    • The DMV hearing conducted in person box
  • Fill in: Signature, Agency, Tel. #, Print Name & Agency ID, DPSST #
  • ICCR temporary permit form
    • If seizing ODL & driver ELIGIBLE for temp permit
      • Tick 'Yes' box next to 'Eligible for temporary permit'
      • Fill in licence type, restrictions, & endorsement from ODL
      • Fill in effective from & to date
      • Fill in from D07
      • Have driver sign or know to sign permit to make it valid
    • If driver is NOT ELIGIBLE
      • Tick the 'No' box next to 'Eligible for temporary permit'
  • If IC refusal paperwork filled out and given to the suspect, and they change their mind:
    • Make it VERY CLEAR the implied consent process is over,
      • They have refused under implied consent and
      • Any “physical cooperation” to give a breath test will be for criminal purposes and not IC purposes.
    • If they blow a BAC of over a .08 only give IC paperwork for the refusal
There is no right to change their mind about refusing the test.

Implied Consent Blood

Implied consent for blood applicable only when the suspect has been transported to hospital and is conscious

  • Fill in top of the Implied Consent Form
    • Obtain the EXACT date and time of arrest from CAD or Dispatch
  • If suspect is commercially engaged & required to possess a CDL
    • Fill out top of the CDL Implied Consent Addendum

Refusal Blood Test

Any conduct, short of an unequivocal, unqualified assent to the request to take a test is a refusal.

  • IMPORTANT: document conversation with the suspect relating to refusal.
    • What did the subject SAY AND DO to indicate refusal?
  • On the ICCR 'Test Refusal' Section' Tick
    • 'You refused to submit to a blood test when receiving medical care…'
    • The one or three year suspension box
    • The DMV hearing conducted in person box
  • Fill in: Signature, Agency, Tel. #, Print Name & Agency ID, DPSST #
  • ICCR temporary permit form
    • If seizing ODL & driver ELIGIBLE for temp permit
      • Tick 'Yes' box next to 'Eligible for temporary permit'
      • Fill in licence type, restrictions, & endorsement from ODL
      • Fill in effective from & to date
      • Fill in from D07
      • Have driver sign or know to sign permit to make it valid
    • If driver is NOT ELIGIBLE
      • Tick the 'No' box next to 'Eligible for temporary permit'
  • If IC refusal paperwork filled out and given to the suspect, and they change their mind:
    • Make it VERY CLEAR the implied consent process is over,
      • They have refused under implied consent and
      • Any “physical cooperation” to give a blood test will be for criminal purposes and not IC purposes.
There is no right to change their mind about refusing the test.

Implied Consent Urine
  • May not request urine unless :
    • Have completed 8 hour DID course
    • Have reasonable suspicion the suspect is DUII:
      • A controlled substance,
      • An inhalant or
      • Any combination of an inhalant, a controlled substance and intoxicating liquor.
  • Can request using if suspect:
    • Takes a breath test with a result of less than 0.08 percent OR
    • Is involved in a crash resulting in injury or property damage.
  • A person asked to give a urine sample will be given privacy and may NOT be observed by a police officer when producing the sample.

The suspect has a right to an additional right to communicate for a urine test

  • Required Documents
    • Implied Consent Combined Report (ICCR)
    • Commercial Motor Vehicle (CMV) Addendum
      • Only used when suspect is commercially engaged & required to possess a CDL
      • Whether or not suspect actually possesses a CDL
    • D07
    • LEDS printouts for suspect
  • Explain that you will requesting a urine test

Refusal Urine Test

Any conduct, short of an unequivocal, unqualified assent to the request to take a test is a refusal.

  • IMPORTANT: document conversation with the suspect relating to refusal.
    • What did the subject SAY AND DO to indicate refusal?
  • On the ICCR 'Test Refusal' Section' Tick
    • 'You refused to submit to a urine test'
    • The one or three year suspension box
    • The DMV hearing conducted in person box
  • Fill in: Signature, Agency, Tel. #, Print Name & Agency ID, DPSST #
  • ICCR temporary permit form
    • If seizing ODL & driver ELIGIBLE for temp permit
      • Tick 'Yes' box next to 'Eligible for temporary permit'
      • Fill in licence type, restrictions, & endorsement from ODL
      • Fill in effective from & to date
      • Fill in from D07
      • Have driver sign or know to sign permit to make it valid
    • If driver is NOT ELIGIBLE
      • Tick the 'No' box next to 'Eligible for temporary permit'
There is no right to change their mind about refusing the test.

Implied Consent: Notice of Rights
Section IA
  • If reading:
    • Read once in English
    • Make sure to specify the specific test i.e. blood or breath
  • If playing recording
    • Stay in the room the entire time recording is playing
    • Put a copy of recording in the case file
    • Section IA Audio File
  • If subject asks to read/ along provide photocopy of only IA to them
  • No requirement that the person understand the information but they must be conscious
Is the suspect commercially engaged and required to have a CDL?
ARACC IA
Section IA Question
Will you take a [breath, blood] test?
Section IB
  • If reading: Read once in English
  • If playing recording
    • Stay in the room the entire time recording is playing
    • Put a copy of recording in the case file
    • Section IB Audio File
  • If subject asks to read along provide photocopy of IB to them
  • No requirement that the person understand the information but they must be conscious
Is the suspect commercially engaged and required to have a CDL?
ARACC IB
Section IB Question
Will you provide physical cooperation and submit to a [breath, blood] test?
Section IIA
  • If reading:
    • Read once in English
    • Make sure to specify the specific test i.e. blood or breath
  • If playing recording
    • Stay in the room the entire time recording is playing
    • Put a copy of recording in the case file
    • Section IIA Audio File
  • If subject asks to read/ along provide photocopy of only IIA to them
  • No requirement that the person understand the information but they must be conscious
Section IIA Question
Will you take a urine test?
Section IIB
  • If reading: Read once in English
  • If playing recording
    • Stay in the room the entire time recording is playing
    • Put a copy of recording in the case file
    • Section IIB Audio File
  • If subject asks to read along provide photocopy of IIB to them
  • No requirement that the person understand the information but they must be conscious
Section IB Question
Will you provide physical cooperation and submit to a urine test?
Implied Consent: Right to Communicate
Did the suspect specifically ask to speak to an attorney
Notice of Private Consultation
Read the Notice of Private Consultation :

I am providing you with a phone and privacy to make a phone call. This is your opportunity to attempt to communicate or consult with anyone you want, including an attorney. A phone book will be provided to you. You will have a reasonable amount of time based on the circumstances to use the phone, up to 15 to 20 minutes
Private Consultation
  • Give the subject privacy and 15 - 20 minutes to make the call
  • Document where the phone call was made and that the door was shut
Did the suspect speak with legal counsel during their call?
Terminate Implied Consent Process
  • Inform the suspect that the implied consent process is being terminated and that you are going to request a judge issue a warrant for a blood draw.
  • If suspect volunteers for a blood draw then have them fill in a voluntary blood draw and a consent to search form.
  • If in doubt always go for the warrant.
MVA - Suspect Transported
At The Crash Scene
Establish Probable Cause:
  • Odour of alcohol in vehicle: None, faint, moderate, strong
  • Odour of chemicals in vehicle: Marijuana, chemical odours
  • Open container(s) in vehicle: Remove them from the vehicle so driver can't say they drank during stop
  • Witness statements
  • Road and Weather conditions
  • Other causal factors

Concurrently Contact Suspect at Hospital

Contact Subject at Hospital
Suspect is Concious
Observe the subject for the following:
  • Odour of alcohol on subject/breath: None, faint, moderate, strong
  • Coverup: Smoke, gum, perfume,…
  • Facial: Normal, droopy eyelids, flushed, pale
  • Eyes: Normal, bloodshot, constricted, dilated, glassy, red, watery
  • Speech: Normal, confused, incoherent, repetitious, slow, slurred, stutter, talkative, thick tongued…Balance: Normal, cautious, falling, staggering, stumbling, swaying, wobbly, colliding
  • Demeanour: Polite, belligerent, combative, cooperative, crying, excited, laughing, hostile, insulting, loud, profane, resisting, sleepy, overly nervous, stuporous
Is there sufficient probable cause from the scene or from observing the suspect?
PC for Arrest
  • Place subject into handcuffs if needed
    • Check cuffs for comfort and double lock
  • Advise dispatch of in-custody (important for arrest time)
  • Advise deputies at scene that vehicle may be searched
  • Request exigent draw - "Suspected Driver Panel"
  • Ask hospital to keep any blood draws
  • Write a warrant for the hospital blood draw if needed and exigent draw if done.
Administer Miranda
  • You have the right to remain silent.
  • Anything you say can and will be used against you in a court of law.
  • You have the right to an attorney.
  • If you cannot afford an attorney, one will be provided for you.
  • Do you understand the rights I have just read to you?
Suspect is Unconscious
Is there PC for DUII from the scene?
PC For DUII from Scene
Suspect Asks for Attorney
Pre SFST
  • Do NOT
    • Ask any more questions:
    • Ask suspect to perform SFST
    • Read suspect Rohrs Admonishment
    • Use implied consent
  • Arrest
    • Place suspect into handcuffs
    • Inform suspect of reason for Arrest: "Suspicion of DUII"
    • Check cuffs for comfort and double lock
    • Advise dispatch of in-custody (important for arrest time)
    • Search suspect incident to arrest
    • Search suspect's vehicle incident to arrest
  • Get case number from dispatch
  • Throughly document observations of impairment
  • Towing
    • Articulable reasons believing suspect will try to drive the vehicle within a few hours of the DUII arrest.
    • Fill in required vehicle inventory report
    • Fill in impound report
  • Transport suspect to destination (e.g. Station, Hospital)
    • Notify dispatch of beginning & ending mileage
Post SFST
  • Do NOT
    • Ask any more questions:
    • Use implied consent
  • Arrest
    • Place suspect into handcuffs
    • Inform suspect of reason for Arrest: "Suspicion of DUII"
    • Check cuffs for comfort and double lock
    • Advise dispatch of in-custody (important for arrest time)
    • Search suspect incident to arrest
    • Search suspect's vehicle incident to arrest
  • Get case number from dispatch
  • Throughly document observations of impairment
  • Towing
    • Articulable reasons believing suspect will try to drive the vehicle within a few hours of the DUII arrest.
    • Fill in required vehicle inventory report
    • Fill in impound report
  • Transport suspect to destination (e.g. Station, Hospital)
    • Notify dispatch of beginning & ending mileage
MVA - Only Suspect Injured
  • Do NOT
    • Ask any more questions.
    • Read implied consent
    • Ask for consent for blood
  • Depending on the circumstances, get blood evidence pursuant to PC and exigency and,
  • In every case, get a warrant. Include in the warrant:
    • The seizure of any hospital draw that was taken and
    • The testing of any sample taken
  • Very carefully document all grounds for PC and the foundation for exigency if an exigency draw was taken.
  • Get a blood warrant
Warrant for Blood, Breath and Urine
  • Include in the warrant:
    • The seizure of any hospital draw that was taken
    • The testing of the exigency draw, warrant draw and any hospital draw if one was taken
    • If you believe at the outset that drugs are involved include urine in the warrant.
    • Remember for every crime you check in the warrant you must cover the elements of that crime in the warrant narrative.
    • Very carefully document all grounds for PC and the foundation for exigency
  • If the subject chooses to provide a breath sample pursuant to the warrant, but the results are inconsistent with the impairment observed:
    • If the warrant includes urine, ask the defendant for urine if they are willing to provide it
    • Make sure to include language for the testing of whatever sample is obtained
Warrant Forms
Telephonic Warrant Checklist
Organize all materials before calling judge. You will need to proceed quickly and efficiently through the steps once the conversation is being recorded. Refer to ORS 133.545 – 133.555.

Have the capability to tape record ALL statements (including both you and the judge). Using a recorded dispatch line is usually the quickest and easiest.
Compile & Organise Facts
  • Crime(s) under investigation. OK to get warrant for DUII only (State v. Shantie, 193 Or.App. 813 (2004)).
  • Probable Cause:
    • Police officer training and experience
    • Facts and basis of knowledge
    • Credibility of any named or unnamed informants (i.e.: other officers, EMT’s)
  • Places/Objects/Persons to search and why:
    • Premises (physical description, address, county)
    • Persons (name, DOB, physical description, location)
    • Vehicle (description, license #, location)
  • Evidence you want to search, seize, and analyse
    • All three terms must be in both the affidavit and the warrant
  • Facts supporting Nighttime service
    • Execution after 10 pm and before 7 am
Prepare Affidavit & Search Warrant
Organize all materials before calling judge. You will need to proceed quickly and efficiently through the steps once the conversation is being • Contact DDA (if that is the policy of your county)
Procedure
  • Telephone contact with judge
    • Use recorded dispatch line or some recording device that will record ALL conversation including both you AND the judge
    • Note beginning and ending time of conversation
    • Consider using conference call if DDA is involved with warrant process in your county
  • Advise judge of the following:
    • Your name, title, position and agency
    • That conversation is being recorded & time recording starts
    • Who else is a party to the conversation (i.e.: DDA)
  • Judge to administer oath to officer/affiant:
    • Everything the affiant says is part of the affidavit/application
    • Record entire conversation continually until call is concluded
  • Officer affiant recites facts
    • This means READ THE AFFIDAVIT TO THE JUDGE
    • Always ask judge if they have any questions when you are done
  • Read proposed warrant to judge
    • This includes a declaration from the judge that probable cause exists
    • Warrant should include special findings for Nighttime service
  • Have judge authorise you (officer/affiant) to sign judge’s name to the warrant
    • Indicate date and time on tape and write on judge’s signature line on the warrant
    • "Judge __________________, by officer [your signature]"
Search Warrant Execution
  • Serve in front of defendant and phlebotomist
  • Give a COPY of the duplicate original to the suspect
  • Give a COPY of the duplicate original to the phlebotomist
Voluntary Blood Draw

Do NOT make any promises to the suspect in order to obtain a voluntary blood draw

Make sure to have suspect sign:

If transporting suspect to hospital:
  • Notify dispatch and providing beginning mileage
  • Call charge nurse enroute to hospital (Optional)
  • Notify dispatch of ending mileage

Blood Draw Process
Only a duly licensed physician or a person action under the direction or control of a duly licensed physician may withdraw blood or pierce human tissue.

They shall not be held civilly liable for withdrawing any bodily substance, in a medically acceptable manner, at the request of a peace officer.
  • If possible document the name of the phlebotomist/nurse who drew the blood and the lab tested the blood.
  • If you witness the hospital draw make sure to document this (video is good)
  • Make sure you ask the lab to hold the remainder of any blood draw
  1. Don't use alcohol swabs
    • use an iodine based swab like Betadine.
  2. Don't collect blood “downstream” of an IV.
    • It can significantly dilute sample
    • Using the other arm is preferred
  3. Completion of a “Certification of Technician to Collection of Blood Sample”
    • At the time of the draw the physician or person acting under the direction or control of the duly license physician must complete the form
    • The hospital may provide you with an equivalent form
  4. Blood test kit
    • Check kit's expiration dates
    • Tubes with grey stoppers preferred
    • Tubes with purple stoppers acceptable
    • Don't use tubes with RED stoppers
  5. Collect at least two 5ml tubes of blood.
    • Two draws one hour apart are not necessary.
      • Elimination rate can’t be determined from 2 draws outside a lab setting.
  6. Make sure to observe the blood draw
    • Lays the foundation for admissibility of blood
    • Document name of phlebotomist/nurse who drew blood
    • Document the name of the lab that tested the blood
    • Video the process if possible
  7. Write suspect's name and time of draw on vial
    • Hospital staff may/may not mark the suspect’s info on the vial.
    • Don't put tape on the tube covering the suspects information and time of draw.
  8. Place the tube in an evidence bag
    • Attach evidence tape.
    • Make sure the sample is put into the larger pouch.
  9. Place the evidence bag into box (optional)
    • Apply evidence tape to seal the box
    • Write initials and date across the edge of the tape seal so it spans both the tape and the box.
  10. Submit blood sample
    • OSP Lab
      • OSP will only test for alcohol
      • Complete “Form 49”
      • Submit to either the Portland or Springfield Lab
    • Private lab
      • If testing required for other than alcohol
  11. Don't store the blood sample in the freezer
    • Freezing the tube may cause the tube to break and leak
Urine Collection Process
  1. Procedures For Urine Collection:
    1. Wear gloves
    2. Inspect facilities: remove cleaning bottles, wash bottles.
    3. Flush toilet and add bluing reagent if available prior to use.
    4. Request suspect remove outer bulky clothing, place purses in separate room and wash hands prior to providing a urine specimen.
    5. Remove contents (label, security seals, inner bag) from standard collection box.
    6. Complete information on cup’s label:
      • Suspect’s Name
      • Officer’s Name
      • Date
      • Time
    7. You must give subject privacy and not observe them while producing sample.
  2. Collection of Specimen
    1. Collect at least 30 ml of urine
    2. Have subject secure lid
    3. Note temperature on thermal strip (90 – 100).
      • If the thermal strip shows no “colour” request a second sample
  3. Remove tape in inner bag, insert cup and seal bag.
  4. Place bag into box. Apply security seal on box. Initial seal.
  5. Complete laboratory’s FORM 49 (toxicology)
    1. Include suspected drugs
    2. If tampering has been suspected, it needs to be noted on the form 49.
    3. Remember that not all drugs are controlled substances, take caution when filling out any forms or paperwork.
    4. Send to either the Springfield or Portland Forensic Laboratory
  6. Remember:
    1. The OSP Lab does not test urine for alcohol, only drugs.
    2. Note the temperature of the sample.
    3. Mark the sample container with the suspects information.
    4. Do not cover up the suspect information with the tape.
    5. Make sure the lid is on straight and tight. If it leaks, laboratory will test ONLY the urine in the sample cup itself, not the surrounding packaging.
Suspect Disposition

If releasing, release subject to a responsible adult complete DUII Third Party Release Agreement

Criminal Process

If drug DUII or prior diversion cite for reckless endangering

  • Citations
    • If releasing:
      • Issue a separate citation for DUII
      • Issue separate citation for other crimes
    • Issue a citations for any violations
    • If suspect refused implied consent breath/urine test cite under 813.095
    • Give suspect copies of all citations
  • If MVA
    • Provide copy of crash report
  • If Lodging
    • Enter crimes on booking sheet
  • If not lodging & suspect not in hospital
    • Complete DUII third party release agreement

Implied Consent Process - If carried out
Provide the suspect with the following:
  • ICCR Yellow pages (marked “Driver”)
    • Notice of Suspension
    • Notice of Rights and Consequences (on the back of their copy)
    • Notice of Rights and Procedures in Driver and Motor Vehicle Services Implied Consent Hearings
    • Temporary Driving Permit Only If Eligible
      • Only if ODL seized
      • Make sure effective time is 12 hours after issuance. This may be the next day
  • Copy of Breath Test Result (if applicable)
  • Copy of the CMV Addendum (if applicable)
Reports
Criminal Process
Write Reports
  • Write case report
    • Important to note how documents given to driver
  • Write arrest report
  • Write MVA report (if MVA)
  • Ensure on scene officers submit supplemental reports
If Warrant Issued
  • Have tape of call w/judge transcribed (optional)
  • Compare judge’s authorisation on tape to the language of the original warrant
  • Deliver the following to the issuing judge:
    • Copy of original warrant (signed by you)
    • Original warrant (not yet signed by the judge)
    • Original audio tape (a copy is OK if you use a dispatch line)
    • Transcript of the warrant call tape (if transcribed)
    • Return of service
  • Ask judge to “certify” the tape recording and transcript. Example:
    • I certify that the attached tape recording [and transcript] are the sworn statements supporting the Telephonic Search
    • Warrant issued by me on __________ at ______ am/pm.
    • Dated this ____ day of ___________________, 20____.
    • _____________________________
    • Circuit Court Judge
  • Make sure judge signs and enters date and exact time of issuance on the original warrant.
  • File all documents, including your return of service with the court
Form Submission

Make sure to scan all forms and attach to report

  • Citations
  • D07
  • LEDs Printouts
  • MVA:
    • Crash report
    • Crash Incident Timesheet (if serious injury/death)
  • Implied consent (If carried out)
    • Implied Consent form
    • Breath test
      • Intoxilyzer Checklist
      • Breath test result
    • Blood test
      • Law enforcement and alcohol testing form
      • Form 49 (OSP Lab)
    • Urine test
      • Form 49 (OSP Lab)
  • Blood Draw
    • Form 49 (OSP Lab)
    • Hospital law enforcement and alcohol testing form
    • Voluntary
      • Consensual blood form
      • Consensual search form
  • Warrant obtained
    • Court stamped copy of affidavit
    • Court stamped copy of warrant
    • Court stamped copy of return service
  • Suspect released
    • DUII Third Party Release Agreement

Submit Evidence
  • Blood Draw kit(s)
    • Put one vial into evidence. Use the other for testing
    • If submitting to OSP lab
    • Submit to private lab if testing for drugs
  • Urine
  • Photographs (e.g. crash scene)
  • Bodycam footage
  • Audio of call with Judge (if warrant obtained)
Implied Consent Process - If carried out
  • DMV
    • Send only if suspect failed or refused test(s)
    • White pages (marked “DMV”) from ICCR
    • Breath test
      • Intoxilyzer operator checklist
      • Breath test result
    • Blood test
      • Fill out the top of the DMV 'Report of Implied Blood Test Failure' with:
        • Print the driver's name, license/file reference No., state, and date of birth
        • Driver’s address
        • Exact date and time of arrest, county of arrest and nearest city to arrest site
      • Send nothing to DMV until you get a report revealing a blood test failure
      • Submit a photocopy of the lab result attached to a completed 'Report of Implied Blood Test Failure' to DMV
      • DMV will send the 'Notice of Suspension' to the driver.
      • The officer does not need to contact the driver or deliver anything further to the driver.
    • Suspects Oregon Driving Licence if seized
    • Timeline
      • Send within ten (10) days of arrest for breath or refusal
      • Send blood results within forty-five (45) days of arrest
  • Records
    • Green pages (marked "Police") from ICCR
Insufficient PC For DUII
  • Issue any citation(s) & release the driver.
  • Note you may always ask the driver to provide a voluntary blood draw