NO SPRING for PARISMay 5, 2007
ANATOMY OF A PARIS HILTON DUI:
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CALIFORNIA HIGHWAY PATROL (CHiP):
343.25 DRIVING-UNDER-THE-INFLUENCE (DUI) DRUG ARREST PROCEDURES. Arresting Officer’s Responsibility. When an arrest is made for driving under-the-influence of drugs or combination of drugs and alcohol, the arresting officer shall:
- Admonish the arrestee regarding a chemical test as per the Chemical Test Admonition on the DUI
- Arrest Report, Form 5.2.5.
- Administer a chemical test to the arrestee.
Note: Whenever possible, a breath test should be administered to determine alcohol intoxication.
If the breath test is obtained and the results are .08% or higher, book the arrestee for Section 23152(a) (DUI) V.C. When the results are below .08%, complete the following:
- Read to the arrestee verbatim the Drug Admonition from the DUI Arrest Report.
- Obtain a urine or blood sample from the arrestee.
Note: If urine is the only chemical examination administered, officers shall obtain the first void for possible detection of drugs, and the second void for the possible detection of alcohol. Both samples shall be marked accordingly and booked as evidence.
If the breath test is obtained and the results are .30% or higher, the arrestee shall be examined by medical personnel pursuant to Manual Section 4/648.17.
Request a Drug Recognition Expert (DRE) or, if none available, a Narcotics Expert.
If an on-duty DRE or Narcotics Expert is not available within the concerned bureau, the arresting officer shall obtain an MT for the arrestee and request the examining physician to include an opinion regarding objective symptoms and possible drug ingestion.
Exception: If a traffic death or traffic felony arrest is involved and a DRE or Narcotics Expert is not available within the concerned bureau, the arresting officer shall contact Communications Division and request an on-duty DRE or Narcotics Expert from anywhere in the City. If no on-duty DRE or Narcotics Expert is available, the officer shall contact the Administrative Unit, Detective Support Division, and request that an off-duty DRE be dispatched.
When applicable, include the Drug Influence Evaluation Form (completed by an expert) as a page of the arrest report. Drug Recognition Expert (DRE)/Narcotics Expert’s Responsibility. A DRE or Narcotics Expert is responsible for evaluating and rendering an opinion of the drug influence of DUI Drug arrestees. As part of that examination, the expert shall:
- Advise the arresting officer of any additional tests required.
- Determine if an MT is needed.
- Complete the Drug Influence Evaluation Form.
- Enter a brief description of the findings and the examining officer’s name and serial number in the Remarks Section of the Booking Approval, Form 12.31.
Note: If during a drug evaluation, the expert determines that he/she is not qualified to render an opinion, the watch commander approving the booking shall determine if another expert should be called.
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