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DUI Investigation

DUI Investigation

DUI Investigation (traffic stop)

  1. Note ALL violations for stop (as well as NHTSA clues: changes in speed, turning movements, loud music, wide turns)
  2. Key questions:
    • Have you consumed any alcohol or drugs?
    • Where were you drinking?
    • Do you feel the effects of the alcohol?
    • How much alcohol have you had?
    • What time did you start drinking? What time did you stop?
    • Do you take any prescription medication?
    • Have you smoked any Marijuana?
    • Are you under the care of a Doctor?
    • Where are you now?
    • Where are you going?
    • What time is it right now?
    • When did you last sleep? How long?
    • When did you last eat? What did you eat?
    • Are you sick or injured?
    • Are you Diabetic or Epileptic?
    • Do you take insulin?
    • Do you have any physical impairments?
    • Is there anything mechanically wrong with your car?
  3. FSTS
    • HGN (12-15 inches from the eyes) (6 Clues, 3 per eye) Lack of smooth pursuit, Distinct and sustained nystagmus at maximum deviation, Onset of nystagmus prior to 45 degrees.
    • Romberg ("when you believe 30 seconds has passed, say stop") Watch for sway, eye tremors. Write time counted to actual time.
    • Walk and Turn (note losing balance and starting too soon during instruction phase. Pay attention to clues-stops walking, misses heel to toe, step off line, raises arms, total steps taken, improper turn) 9 heel to toe steps.
    • One Leg Stand (Watch for swaying, using arms, hopping, foot down, starts too soon, leans back)
    • Finger to nose ("with the tip of your finger, where the skin meets the nail") L,R,L,R,R,L
  4. PAS
    • Note degrees Celsius and time of test
    • Wait 15 minutes from time of stop
    • Obtain at least 2 results
    • Tests need to be at least 2 minutes apart.
  5. Passengers
    • Obtain ALL passenger info
    • Try and get a statement from passengers about drinking times. Do they feel as though the driver should've been driving?
  6. 10-15
    • Blood or breath
      1. If you choose breath, a copy of the breath results are printed out and that is the result. If you choose blood, it is tested by a law enforcement lab and your attorney can have it tested by an independent lab.
      2. If breath machine at the jail isn't working, use Burbank's or LASD Briggs.
      3. 15 Minute Observation Period!!
        • DRIVE TIME DOES NOT COUNT. Don't lose a case over this.
    • Try and get a statement from passengers about drinking times. Do they feel as though the driver should've been driving?
  7. Admin Per Se
    • Double check! Make sure time of stop and breath results are same on forms as your report. Once Datamaster print out is turned with Admin Per Se and one is turned in as an attachment.
    • Admin Per Se is ONLY filled out when:
      1. Blows .08% or higher
      2. You believe blood result will be .08% or higher
      3. Is under 21 with ANY BAC <.01% iv.
      4. Refuses Blood or Breath
        • DRIVE TIME DOES NOT COUNT. Don't lose a case over this.
    • Try and get a statement from passengers about drinking times. Do they feel as though the driver should've been driving?

DUI Investigation (traffic collision)

  1. Obtain statements from witnesses to put the driver in the driver's seat
  2. Obtain driver's statement (driving statement isn't enough, get physical evidence, seat belt marks, blood on shirt, seat height fits height of driver, keys in pocket, air bag marks)
  3. Ask if they drank any alcohol or ate food after the collision. Also ask witnesses if they saw any food/drink consumption

MCNEELY Warrant

ALWAYS FILL OUT if blood / breath is refused.

  • Call DA Command Center to obtain Judge email. You must sign the warrant application and email it to judge in a PDF format. Also, CC the DA command center on the email (they call the judge to advise them the warrant application has been sent)
  • Command Center Phone Number: 213 974 3607
  • Email: [email protected]
  • Forms are in the Policeglobal(r) drive under Mcneely Warrant

When to do forced blood draw, exercise discretion (read policy). We ARE able to force blood.

Things to consider

  • Will force have to be used?
  • Was it a TC with injury?
  • Were PAS results obtained?

If Mcneely is obtained and blood is not obtained as a result of officer safety, add charge of refusal of a court order. Fill out refusal section (back page of admin per se. Also, audio record their statements).

Read refusal VERBATIM!