Read REVISED DATE text version

REVISED DATE March 15, 2006

EFFECTIVE DATE March 15, 2006

DISTRIBUTION BPD SAR TITLE: OVI

NUMBER 130

CROSS REFERENCE: #125 Vehicle Impound, ORC

Sections 4506.17; 4511.193; 4511.191

CALEA STANDARD: 61.1.5; 61.1.10; 61.1.11

130.001 130.10 130.20 130.30 130.40 Policy Training Detection Pre-Arrest Screening Arrest 130.50 130.60 130.70 130.80 130.90 Custodial Interview Chemical Test Administrative Suspension Disposition of Prisoners Documentation

130.001 Policy -It is the policy of the Boardman Police Department to deter persons under the influence of alcohol and/or drugs from driving, and to vigorously enforce the applicable laws of the State of Ohio regarding OVI. This agency will fully support a comprehensive OVI countermeasures program and will establish OVI enforcement as one of its highest priorities. The department will comply with the guidelines established by the legislature and the courts concerning the methods and procedures for the detection, apprehension, and prosecution of violators, including the use of approved standardized field sobriety tests for impairment and chemical tests for blood alcohol or drug content, and will cooperate with the county prosecuting attorney to prepare and present high-quality, well-documented cases for prosecution. 130.10 Training ­ The agency will take measures to train and equip its officers to prepare them to detect and apprehend the drug/ alcohol impaired driver, including the use of standardized field sobriety tests and breathtesting equipment as soon as practical. Alcohol Detection and Prosecution (ADAP) is part of the Ohio Peace Officer Training Commission's basic training curriculum for certification of new police officers. The ADAP course is also offered from time-totime as in-service training for police officers. All Boardman police officers assigned to uniformed patrol or whose assigned duties normally involve the enforcement of traffic laws should be ADAP certified prior to such assignment, or as soon as practicable after assignment.

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130.12

Copies of ADAP certifications will be maintained in the officers' departmental personnel files, and a list of all ADAPcertified officers will be maintained by the Patrol Captain and made available to dispatchers. Officers are responsible for maintaining their original certificates or other documentation of their successful completion of approved training, and for presenting it when needed for court. Detection - Enforcement should be concentrated on areas and during days, dates, and time periods which have statistically indicated a high rate of alcohol related crashes and should be concentrated on routes which would usually be traveled by the impaired driver. However, officers should be alert to the presence of impaired drivers at all times and places. Traffic Stops ­ All traffic stops and contacts with operators of motor vehicles will be established upon articulable probable cause facts resulting from a traffic code violation or other articulable facts that may bring an officer into contact with the operator of a motor vehicle. Personal Contact - When an officer has contact with a motorist for any reason, the officer should be watchful for signs of alcohol or drug impairment in the motorist's appearance, demeanor, speech and breath. If such indications are apparent then the officer should notify the dispatcher of the possibility of an OVI arrest ("possible point-nineteen"). The dispatcher shall dispatch a backup officer to assist with the OVI investigation. The

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REVISED 03/2006 ­ #131 OVI

indications of impairment must subsequently be articulated in the officer's report. 130.23 The officer should use discretion in determining whether it would be safer to have the driver remain in the vehicle or exit the vehicle while waiting for the backup officer, based on the location of the stop, driver's condition and demeanor, and other factors. If the driver is permitted to remain in the vehicle, the officer should consider having him/her put the car in park, turn off the ignition, and remove the keys. Pre-Arrest Screening ­ Once the backup arrives, the officer should begin the pre-arrest screening. When an officer suspects a motorist of OVI, the standardized field sobriety tests (SFSTs) developed by the National Highway Traffic Safety Administration should be administered whenever practicable under the circumstances. The three approved tests are Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand. Officers must administer SFSTs in substantial compliance with NHTSA standards and will thoroughly document each administration for subsequent use in court. SFSTs must be administered by an ADAP-certified officer. If the officer initiating the stop is not ADAP certified, an ADAP-certified backup officer will be dispatched if one is on duty and available. Officers will use the approved BPD SFST checklist form to document that the tests have been administered in substantial compliance with NHTSA standards and the results of the tests. Standardized Field Sobriety Tests (SFSTs)-- Tests should be administered and scored in accordance with the following guidelines. All tests should be documented thoroughly on the proper report. If the subject's condition makes it unsafe to attempt or complete the tests, that also must be documented. For purposes of reports and testimony, it is not enough to record the total number of clues on the three tests or the fact that the subject could not perform the test. The officer must be able to describe how the subject performed on the tests and exactly what the subject did.

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130.34

Horizontal Gaze Nystagmus (HGN)--This test should be administered with the subject facing away from flashing or strobe lights. If the subject scores four or more points out of a possible six, it is likely that the subject's BAC is above 0.08. Instructions: 1. Tell the subject you are going to test his/her eyes. 2. Ask the subject if he/she is wearing contact lenses. If contact lenses are being worn, note the type of lenses (hard, soft, etc) in the report. If the subject is wearing glasses, have him/her remove them. 3. Hold the stimulus (finger, pen, or penlight) twelve to fifteen inches away from subject's nose, just above eye level. 4. Tell the subject to keep his/her head still and follow the stimulus (pen, penlight, finger, etc.) with his/her eyes only. Tell the subject to keep focusing on the stimulus until told to stop. Ask the subject if he/she understands the directions, and repeat directions if necessary. 5. Check equal tracking and pupil size. Always begin with the left eye. To check smooth pursuit, make a smooth movement from the center of the nose to maximum deviation in the left eye in two seconds, and then back across the subject's face to maximum deviation in the right eye, then back to center. 6. Check first the left and then the right eye at maximum deviation. Move the stimulus from center to check the left eye, then move all the way across the face to check the right eye. No white should be showing in the corner of the eye. Hold for four seconds each. 7. Check the left eye and then the right eye from the center of the nose to a forty-five degree angle. If you see jerking, stop and verify that jerking continues. Use a foursecond pass for each eye. Scoring

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130.33

1. Lack of smooth pursuit--If the eyes are observed to jerk or bounce as they follow a smoothly moving stimulus, score one point for each eye in which lack of smooth pursuit is apparent. 2. Nystagmus as maximum deviation--If distinct nystagmus is observed when maximum deviation is held for a minimum of four seconds, score one point for each eye in which it is apparent. 3. Nystagums prior to 45 degrees--If nystagmus is observed prior to 45 degrees, score one point for each eye in which it is apparent. 130.35 Walk and Turn--The test should be conducted on a reasonably dry, hard, level, non-slippery surface. There should be sufficient room for the subject to complete nine heel-to-toe steps. A straight line, real or imaginary, must be designated. If the subject has heels of more than two inches, give the subject the opportunity to remove them. Give the instructions from a safe position. If subject scores two or more points, it is likely that the subject's BAC is above 0.08. Instructions 1. Tell the subject to place his/her left feet on a line (real or imaginary), then place his/her right foot in front of the left foot in a heel-to-toe position, and both arms down at his/her side. Demonstrate each point. Tell the subject to maintain this position and not to begin the test until instructed to do so, and ask the subject if he/she understands the instructions so far. Ask the subject is he/she understands that this stance is to be maintained while the rest of the instructions are given. 2. Tell the subject, when instructed, to begin, and to take nine heel-to-toe steps down the line and to return with nine heel-to-toe steps. Demonstrate three heel-to-toe steps. 3. Tell the subject when they complete the first nine steps, to pivot on their front foot (which should be the left foot if the proper amount of steps are taken) and take a

series of small steps with the back (right) foot. Demonstrate. 4. Tell the subject to keep his/her arms at his/her side while walking, to watch his/her feet at all times, and to count each step out loud. 5. Tell the subject not to stop once he/she begins until the test is completed. 6. Ask the subject if all instructions have been understood. Repeat all instructions if necessary. 7. Tell the subject to begin and count his/her first step from the heel-to-toe position as "one." 8. If the subject staggers or stops, allow him/her to resume from that point, not to begin over again. Scoring 1. If the subject does not maintain the heelto-toe position throughout the instructions, score one point. 2. If the subject starts walking before the instructions are completed, score one point. 3. If the subject stops completely for several seconds while walking, score one point. 4. If the subject does not touch heel-to-toe on any step, score one point. 5. If the subject steps so that one foot is entirely off the line, score one point. 6. If the suspect raises one or both arms more than six inches from his/her sides for balance, score one point. 7. If the subject does not turn in the manner instructed, score one point. 8. If the subject takes more or less than nine steps in either direction, score one point. 9. If the subject cannot do the test, score eight points. Consideration should be given to terminating the test if the subject cannot safely complete it. 130.36 One Leg Stand--The test should be conducted on a reasonably dry, hard, level, non-slippery surface. If the subject has heels of more than

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two inches, give him/her the opportunity to remove them. Give the instructions from a safe position. Observe the test from at least three feet away. If the subject scores two or more points, it is likely that the subject's BAC is above 0.08. Instructions 1. Tell the subject to stand up straight and to place his/her feet together and hold his/her arms at his side. Demonstrate. 2. Tell the subject not to begin the test until he/she is instructed to do so, and ask if he/she understands the instructions so far. 3. Tell the subject, when instructed to begin, to raise one leg (either leg) approximately six inches off the ground, keeping the foot raised and toes pointed out. Demonstrate. 4. Tell the subject, when instructed to begin, to keep both legs straight, keep his/her arms at his/her side, and to look at his/her raised foot at all times. 5. Tell subject, when instructed to begin, to count "one-thousand-and-one, onethousand-and-two," etc., until told to stop. Demonstrate holding the proper position and counting. 6. Ask the subject if he/she understands. If not, re-explain. 7. Tell the subject to begin. Check the actual time the subject holds his/her leg up. The test should be discontinued at 30 seconds. Scoring 1. Sways while balancing--If the subject sways side-to-side or back-and-forth while in the one-leg stand position, score one point. 2. Uses arms for balance--If the subject moves his/her arms six or more inches away from the side of the body to keep balance, score one point. 3. Hopping--If the subject is able to keep one foot off the ground but resorts to hopping to maintain balance, score one point. 130.42

4. Puts foot down--If the subject puts his/her foot down one or more times during the 30-second period, score one point. 5. Cannot do test--If the subject cannot do the test or puts his/her foot down three or more times, score four points. Consideration should be given to terminating the test if the subject cannot safely complete it. 130.40 Arrest ­ The Ohio Supreme Court in Homan ruled that "probable cause to arrest does not necessarily have to be based, in whole or in part, upon a suspect's poor performance on one or more of these tests. The totality of the facts and circumstances can support a finding of probable cause to arrest even where no field sobriety tests were administered...." Among those facts and circumstances may be any relevant observations made or information received before or after the suspect was stopped. Decision point: Does the officer have probable cause to arrest the motorist for OVI? Prior to the arrest of the suspect, the primary and backup officers should be in substantial agreement as to the existence of probable cause for all the material elements of OVI. When the investigation develops probable cause for the arrest of the suspect, the arresting officer shall inform the suspect that he/she is under arrest for OVI. The suspect shall be handcuffed and searched prior to transport. Transport ­ If the arresting officer is a certified breath-test operator, then he/she should transport the suspect and administer the breath test. If the backup officer is the breathtest operator, then he/she should transport the suspect and administer the breath test. If neither is a breath-test operator, then the arresting officer will transport the suspect to the breath test facility, and a breath-test operator will meet them there. Vehicle Impound/Seizure ­ The vehicle should be towed and impounded in accordance with the provisions of directive #125 (Vehicle Impound), and section 4511.193 of the Ohio Revised Code regarding seizures. The officer remaining at the scene will be responsible for impounding or securing the arrestee's vehicle.

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130.44

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130.50

Custodial Interview ­ The arrestee will be given the Miranda warnings prior to any custodial interrogation. Questions will be asked from the BPD Intoxication Report, along with any other pertinent questions the investigating or interviewing officer deems relevant and necessary. Key questions include what beverages or drugs the arrestee has consumed, the quantity consumed, where they were consumed, and the time period of consumption; any injuries, illnesses, physical impairments, or medications; whether the arrestee was operating a motor vehicle; any mechanical difficulty or lack of familiarity with the vehicle; and the arrestee's own opinion of whether or not he/she is under the influence. The arrestee's statements are to be documented in detail, and should accurately reflect the arrestee's own words. Chemical Test ­ The law enforcement agency has the authority to designate which chemical test or tests shall be administered to determine the concentration of alcohol and/or drugs of abuse in the arrestee's blood, breath, or urine. A breath test is the preferred choice for the detection of alcohol. A urine test is the preferred choice for the detection of drugs of abuse. Blood tests must be performed by properly qualified medical personnel, and generally should be limited to instances in which a breath test cannot be administered because of the arrestee's treatment for injuries or other medical emergency. Any test must be administered within two hours of the time of the violation. Prior to the administration of any chemical test--breath, urine or blood--the arrestee must be read the approved statement of Test and Refusal Consequences from ORC 4511.191. If the arrestee was operating a commercial vehicle, he/she must also be read the prescribed statement from ORC 4506.17. The appropriate statement must be read to the arrestee by, or in the presence of, the arresting officer. By law, a person arrested for OVI has the right to have, in addition to the test administered by or at the direction of a law enforcement, chemical test(s) of his/her choice administered at his/her own expense by a physician, registered nurse, qualified technician, or chemist of his/her choice. The

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breath test operator will advise the arrested person of this right and will document it on form BMV 2255. 130.62 Breath Testing ­ Breath tests must be conducted only by state-certified breath test operators using state-approved breath-testing equipment.

130.621 The breath-test operator will continuously observe the person to be tested for a minimum of twenty (20) minutes prior to administering the breath test. (Time does not have to start upon arrival at the testing site, as long as the person has been handcuffed and under continuous observation for at least 20 minutes.) The operator should be particularly alert for any indication of contamination that would inhibit a proper breath sample, such as ingesting or regurgitating anything by mouth. 130.622 One breath test shall be administered to the arrested person. In the event the arrestee registers a .079 or lower on the breath test, yet is obviously impaired, the breath test technician should consider the possible involvement of drugs of abuse. In such a case, a urine test will be necessary. Implied consent extends to a urine test even if a breath test has already been given. When conducting the breath test, the operator shall complete the information requested on the Intoxilyzer Test Report Form. 130.623 A BAC of .35 or more may result in serious medical complications for the person. If the person registers .35 or more, or loses consciousness and cannot be roused, or displays other medical problems such as labored breathing or unresponsiveness, the testing officer will immediately notify dispatch to have Fire/EMS respond to the station to provide emergency medical attention and will notify a supervisor. 130.624 If the person needs medical attention, he/she will be transported by ambulance to the nearest appropriate medical facility. If the person is admitted to the medical facility for treatment, the arresting officer will confer with a supervisor to determine the appropriate course of action. A captain or the Chief of Police will be notified. If the person is subsequently released from the medical

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facility, the officer will book him/her in accordance with normal procedures. 130.625 If the person is to be released on bond or summons from BPD, the person will have to make his/her own arrangements for any additional testing. If the person is to be incarcerated at the county jail, the person will be given access to a telephone and a phone book and reasonable time to arrange for the test. The arrestee will be instructed to have the selected medical personnel meet him/her at the county jail, and the transporting officer will notify jail personnel of the request and anticipated tests. If the arrestee does not make arrangements in a reasonable time, he/she will be transported to the county jail and the jail personnel will be advised of the request and their need to allow further arrangements. 130.626 If the person refuses to submit to a breath test, the breath test operator shall notify the arresting officer (if other than the test operator). The arresting officer will again explain implied consent and its consequences to the person. If the person still refuses to submit to a breath test, the arresting officer will complete the refusal paperwork. A test need not be delayed in order to allow the arrestee to consult with an attorney first. Failure to provide a proper breath sample into the instrument constitutes a refusal. 130.63 Urine Test ­ A urine specimen shall be requested when the arresting officer has probable cause to believe that the operator of a motor vehicle is under the influence of a drug of abuse. The urine sample must be obtained incidental to a lawful arrest and an officer must witness the collection of the specimen. Whenever possible, the arresting officer or the breath test operator shall witness the collection, with due respect for the privacy and sex of the suspect. Collection kit #6078 Urine/blood should be used. A copy of the collection procedure for using the kit is posted in the evidence area of booking and is enclosed with each kit.

designated evidence custodian is responsible for ensuring that the specimen is transported without undue delay. The chain of custody shall be maintained and documented as with any other physical evidence. 130.64 Blood Test ­ A blood test shall be requested when the arresting officer has probable cause to believe that the operator of a motor vehicle involved in a traffic crash is under the influence of alcohol or a drug of abuse and has been taken to a hospital for treatment of his/her injuries.

130.641 At the time of the request, the suspect must be read the Implied Consent statement in the presence of a witness. If the suspect is unconscious or dead, consent is presumed. If the suspect refuses to submit to the test after being involved in a crash resulting in serious injury or death, a search warrant may be sought with the approval of a supervisor and the Prosecutor's Office. 130.642 The collection kit #6078 Urine/blood should be used and provided by the officer to the appropriate personnel drawing the blood. A copy of the instructions for using the kit is posted in the evidence area of booking and included in each kit for use by the drawing personnel. The blood should be drawn in the presence of an officer, who will take possession of it and secure it as evidence. The vials must be promptly secured in the evidence room freezer until it can be transported to the designated laboratory for analysis. The department's designated evidence custodian is responsible for ensuring that the specimen is transported without undue delay. The chain of custody shall be maintained and documented as with any other physical evidence. 130.643 Request for Hospital Tests ­ When the hospital has conducted blood or urine analysis for the presence of alcohol or drugs, an officer should request the release of the results by completing the BPD Written Statement Requesting the Release of Records and delivering it to the medical provider. 130.644 An OVI/Request for Hospital Records form will be completed when requesting information from the hospital in reference to any tests hospital personnel may have

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130.631 The urine specimen shall be placed in a tightly sealed and properly labeled container and kept refrigerated in the secure evidence refrigerator until it can be transported to the designated laboratory for analysis. The department's

REVISED 03/2006 ­ #130 OVI

performed on a patient to determine the presence of alcohol, drugs of abuse, or alcohol and drugs of abuse in their blood, breath or urine at the time relevant to the criminal offense in question. The officer will complete the front page of this form and leave it at the hospital making a notation of this in his narrative report. The hospital will complete the back portion of the form for return of the requested information. 130.65 Receipt of Blood/Urine Test Results ­ When the blood or urine test results are received from the laboratory or medical provider, Records shall file the original with the investigative report and forward a copy to the arresting officer by interoffice mail.

and shall staple the license to the original form before submitting it. 130.72 If a blood test was administered and the results showing a BAC above the legal limit are subsequently received, the arresting officer will contact the defendant and serve the BMV Form 2255 along with any additional citations or summonses. Disposition of Prisoners ­ The agency will encourage officers to file charges on drug/alcohol impaired drivers. An officer will file a charge of OVI when the officer believes he/she has reasonable cause for the charge. Any violator testing over the "per se" limit will be additionally charged with this offense. Whenever an adult is arrested for OVI and will be released on bond or a summons, the arresting officer should make every reasonable effort to contact an appropriate responsible adult to pick up the prisoner upon release from BPD after booking. The officer should document the date and time or release and the identity of the person accepting responsibility for the prisoner upon release. If the prisoner refuses to provide the contact information for an appropriate person to pick him/her up or if no person can be contacted, and the prisoner requests a cab and has sufficient funds to pay for it, the officer should request a cab for the prisoner. If the prisoner cannot pay for a cab and no other arrangements are reasonably available, a supervisor may authorize the officer to transport the prisoner to a safe location upon release. If no other options are reasonably available, the prisoner should be transported to the county jail and booked. Under no circumstances will a prisoner be allowed to walk away from BPD upon release. Juveniles--All juveniles should be released to a parent, guardian, or other appropriate responsible adult. The officer should document the date and time of release, along with the identity and relationship of the adult accepting custody of the juvenile. A BPD Juvenile Release Form must be completed.

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130.651 The arresting officer shall, within seven (7) days of receipt of the results, file the appropriate charges, serve the defendant's copy of the citation or summons, submit the BMV Form 2255 and serve a copy on the defendant, and complete the necessary supplemental reports. Service on the defendant may be accomplished: 1. At the time of the defendant's next court appearance, if one is scheduled within seven days; 2. At the defendant's residence, place of business, Boardman police station, or other location in Mahoning County; 3. By certified mail, return receipt requested, at the defendant's current address of record. 130.70 Administrative Suspension ­ The arrestee is subject to administrative suspension and seizure if any of the following apply: 1. 2. The arrestee's breath test result is .08 or greater The arrestee was operating a commercial vehicle with a breath-test result of .04 or greater The arrestee refuses to submit to the chemical test.

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3. 130.71

The officer shall seize the arrestee's driver's license and place him/her under administrative license suspension. The officer shall provide a copy of the BMV Form 2255 to the arrestee,

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130.90

Documentation ­ All OVI arrests should be reported on the BPD Intoxication Report along with an Arrest Report, and Vehicle Impound, Property Receipt, and Crash Report (if applicable). The narrative should clearly state, at a minimum, the reasonable grounds for stop, indications of impairment during personal contact, indications of impairment during pre-arrest screening, SFSTs, implied consent, chemical test, Miranda and postarrest interview, any indications of illness and injury. If the arresting officer believes that copy of the booking area audio/video tape would be useful for evidentiary purposes, the officer will submit the request with the arrest paperwork.

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END.

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REVISED 03/2006 ­ #130 OVI

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