Austin Police Department's DWI Policy

B105 DWI Enforcement

The responsibility to remove intoxicated drivers from the roadway extends to all sworn members of the Department regardless of their actual duty status or primary assignment. This policy establishes guidelines for the detection, arrest, and processing of drivers who are suspected of operating a motor vehicle while intoxicated. It also provides guidelines for the implementation of the Texas Administrative License Revocation (ALR) Statute for intoxicated drivers who either refuse or fail a blood or breath test.

.01 Definitions
A. Administrative License Revocation: the administrative process to suspend the driver’s licenses of persons who either refuse or fail a breath or blood test.
B. DRE: a drug recognition evaluation or a drug recognition expert.
C. Drug Recognition Evaluation: the process the drug recognition expert uses to evaluate a suspect for the use of drugs by means of physical, clinical and psychological criteria.
D. Drug Recognition Expert (DRE): personnel trained to predict which of the seven (7) drug categories is causing the impairment of a driver that is not under the influence of alcohol.
E. Intoxicated: not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body, or having a blood alcohol concentration of 0.08 or more.

.02 Reason for Stop
Officers may stop a vehicle because of:
A. Observation of a traffic violation;
B. Reasonable suspicion based on information provided by credible witnesses;
C. Reasonable suspicion which can be articulated.

.03 Development of Probable Cause
Officers who stop a vehicle whose driver exhibits characteristics of intoxication may contact a DWI Enforcement Unit.
A. If a DWI Enforcement Unit is available to respond, the officer should not perform any field sobriety test on the driver.
B. If a DWI Enforcement Unit is not available to respond, the officer will conduct the field interview, administer field sobriety tests, and arrest the driver if found to be intoxicated.
1. Field interviews
a. The driver should be interviewed to determine if characteristics of intoxication are exhibited. These characteristics include but are not limited to:
(i) An odor of alcoholic beverage on the breath;
(ii) Bloodshot or glassy eyes;
(iii) Impaired speech;
(iv) Impaired movement or balance.
b. Interview questions can be but are not limited to:
(i) Originating location;
(ii) Destination;
(iii) Illness, injury or medication which might cause the same apparent characteristics as intoxication;
(iv) Alcohol consumption.
2. Standard Field Sobriety Test (SFST)
a. If the officer is trained and certified in their administration, he/she will conduct the following standard field sobriety tests:
(i) Horizontal Gaze Nystagmus (HGN) eye test;
(ii) Walk and Turn test;
(iii) One Leg Stand test.
b. Officers are not limited to using the SFST when:
(i) The officer has not been trained or certified in its use;
(ii) Physical limitations of the driver preclude its use;
(iii) The safety of the officer and/or driver may be compromised;
(iv) The tests are impractical for some other articulable reason.

.04 Arrest and Testing Procedures
A. If the combined observations from the stop, the field interview, and the field sobriety tests indicate that the driver is mentally or physically impaired from alcohol or drugs, officers should make an arrest and transport the driver to Central Booking. If the driver is arrested in Austin Williamson County, transport the driver to the Williamson County Jail.
B. In those units equipped with in-car camera for which the officer has been trained:
1. The camera may be positioned in such a way as to record:
a. The field interview and field sobriety tests;
b. Administration of the DWI Statutory Warning (DIC-24), and the driver’s responses;
c. The actions and statements of the arrested driver during transport.
2. Officers will turn the video tape in as evidence according to Department policy.
C. If the driver has consented to give a sample of his/her breath or blood, the following will be done:
1. Breath Test
a. Take the driver to the Intoxilyzer testing room.
(i) Officers will not take any weapons into the Intoxilyzer room or video room.
(ii) Officers will not use force to compel the driver to take any tests.
b. Read to the driver the DWI Statutory Warning (DIC-24). If the driver was operating a commercial vehicle and has a commercial license, the DIC-55 (Peace Officer Statutory Warning for Commercial Motor Vehicle Operators), DIC-54 (Peace Officer's Sworn Report), and DIC-57 (Notice of Disqualification) must be used.
c. If the driver is a Spanish-speaker only, the tape-recorded Spanish language version of the Statutory Warning will be played.
d. The breath test will be administered by a trained and certified Intoxilyzer Operator (IO).
e. If the breath test indicates the driver was at or above the legal limit he/she will be booked into jail.
(i) The arresting officer will complete the DIC 25 (Notice of Suspension/Temporary Driving Permit) or the DIC 57 (Notice of Disqualification/Temporary Permit for Commerical Vehicle Operator.)
(ii) The driver’s license of the motor vehicle operator will be seized by the arresting officer.
(iii) A copy of the Temporary Driving Permit (DIC 25 or DIC 57) will be given to the motor vehicle operator.
(iv) No motor vehicle operator will be issued a Temporary Driving Permit who does not have a current driver’s license.
(v) A copy of the Temporary Driving Permit and the seized driver license will be attached to the ALR paperwork and reviewed by the Arrest Review Detective. If the arrest was made in Austin Williamson County, see .06 for reporting and review procedures below.
(vi) The arresting officer will not confiscate the driver’s license of an individual who is operating a commercial motor vehicle and provides a specimen with an alcohol concentration between 0.001 and 0.079. A Notice of Disqualification (DIC 57) should be served.
f. If the driver exhibits symptoms of intoxication, but the breath test does not indicate a significant level of alcohol concentration consistent with the impairment displayed, the driver may be asked to consent to a drug recognition evaluation.
(i) If the driver consents, the evaluation will be administered only by a trained and certified drug recognition expert. Based on the outcome of the DRE, the driver will either be booked into jail or released.
(ii) If the driver does not consent to a DRE and was not taped by an in-car video, he/she must be video taped and a blood specimen requested. Upon completion of the video taping, the driver will be booked into jail.
2. Blood Test
a. If the driver refuses a breath test and wants a blood test, take the driver to the jail nurse’s office where supplies of blood tubes are available.
(i) In those cases where the driver has been injured in a collision and transported to a hospital, the blood test may be administered by medical personnel at that location. (Supplies of the blood tubes are kept at the security office at Brackenridge Hospital).
(ii) Blood may be forcibly taken only from persons who have been involved in a fatality/near fatality, and only at the direction of a traffic investigator.
(iii) In those cases where the suspect is arrested in Austin Williamson County, officers will transport the suspect to the Georgetown Hospital E.R. for the blood test.
b. If the driver refuses a blood test and was not taped by an in-car video, he/she must be video taped. Upon completion of the video taping, the driver will be booked into jail.
c. In cases where blood results are pending, the arresting officer should not issue a Notice of Suspension/Disqualification (DIC 25/DIC 57) or seize the driver’s license.
3. Video Taping
a. If the field interview and field sobriety tests were video taped by means of an in-car video system, and during that taping the driver refused to give a breath or blood sample, it is not necessary to video tape the driver again.
b. If the driver refuses both breath and blood tests, and they were not taped by an in-car video, the officer will video tape the driver at Central Booking or Williamson County Jail.
c. The following steps and procedures will be followed in the video room:(i) Attorneys for drivers will not be allowed in the video room.
(ii) After entering the video room, make reasonable attempts to keep the driver within the viewing area of the camera.
(iii) If the driver is not cooperative, and refuses to stand up in the video room, do not force the driver to stand.
(iv) The officer will go through all appropriate steps listed in the video room, even if the driver does not wish to perform any of the requested tasks.
(v) If the driver wishes to make a local telephone call, he/she will be allowed to make calls only from the telephone in the video room. If the driver wishes to make a long distance telephone call, he/she will be allowed to do so after being booked into jail.
(vi) The officer will read, sign, and deliver a copy of the DWI Statutory Warning (DIC-24) to the driver during the video tape session.
(vii) The driver will then be booked into jail.
D. Breath and Blood Test Refusal
1. If the motor vehicle operator does not consent to give a sample of their breath or blood, the following will be done:
a. The arresting officer will complete either the DIC 25 (Notice of Suspension/Temporary Driving Permit) or the DIC 57 (Notice of Disqualification/Temporary Driving Permit for Commerical Vehicle Operator.)
b. The driver’s license of the motor vehicle operator will be seized by the arresting officer.
c. A copy of the Temporary Driving Permit (DIC 25 or DIC 57) will be given to the motor vehicle operator.
d. No motor vehicle operator will be issued a Temporary Driving Permit who does not have a current driver’s license.
e. A copy of the Temporary Driving Permit and the seized driver’s license will be attached to the ALR paperwork and reviewed by the Arrest Review Detective. If the arrest was made in Austin Williamson County, see .06 for reporting and review procedures below.

.05 Driving Under Influence (DUI Minor-Alcohol)
A. Officers who stop a vehicle and determine that the driver:
1. Is under age 21; and
2. Has an odor of alcohol on his/her breath;
3. But displays no characteristics of intoxication,
Will either:
1. Arrest the driver for DUI Minor-Alcohol, or
2. Issue a field release citation for DUI Minor-Alcohol and turn the driver over to a responsible adult.
B. If field interview and field sobriety tests indicate that the driver is impaired, he/she may be arrested, and testing procedures as set out in section .04 of this policy apply.
1. The Family Code, Title 3, Chapter 52, Section 52.02 (d) states that a child taken into custody for DUI may submit to the taking of a breath specimen without the concurrence of an attorney, but only if the request made of the child to give the specimen and the child’s response to that request is video taped. In accordance with this statute officers will:
a. Videotape the administration of the DIC-24 statutory warning to all juveniles arrested for DUI prior to administering the intoxilyzer test or obtaining a blood sample.
b. The videotape will be maintained in accordance with departmental evidence handling policy.
2. The driver’s license will be seized if the Breathalyzer establishes any detectable amount of alcohol. A Temporary Driving Permit will be issued if the guidelines established in section .04 are met.

.06 Filing and Reporting Procedures
A. Complete and turn in all incident reports/supplements and other associated documentation.
1. Officers making an arrest for DWI will ensure that they have completed:
a. Incident report with correct title;
b. Completed ALR paperwork;
c. Intoxilizer result slip;
d. Collision field sheet (if applicable);
e. Evidence tag for blood sample (if taken);
f. Evidence tag for video tape (in-car or video room);
g. Probable cause affidavit;
h. Municipal Court cover sheet. (Williamson County Court cover sheet if applicable)
2. Officers stopping a driver who is subsequently arrested by a DWI Enforcement Unit need to complete:
a. Supplement to the incident report;
b. Collision field sheet (if applicable).
B. Officers making an arrest for DWI will turn over the appropriate paperwork to the Direct File Unit for review and approval. If arrested and booked into the Williamson County Jail, a copy of the ALR paperwork, the intoxilizer results slip, affidavit and report will be turned into the booking officer. If the suspect was involved in a collision and a ST-3 collision sheet was completed, a copy will also be attached. All original ALR paperwork and seized driver’s license will be stapled together and forwarded to the Traffic Office through inter-office mail. Appropriate arrest review and approval procedures addressed in Document B113 of the General Orders will be followed.
C. Video tapes and blood tubes will be handled in accordance with Department policy regarding the handling of evidence.
1. Videotapes will be turned in to the evidence room. If arrested in Austin Williamson County, the videotape will be turned into the video drop box at the Williamson County Jail.
2. Blood tubes will be placed in the appropriate drop box at Police Headquarters for processing by the APD Crime Lab.