4-07/035.00 - Driving Under the Influence

4-07/035.00
DRIVING UNDER THE INFLUENCE

Conviction of
23152 CVC three times within seven years

Request certified copy of driver's history from DMV; upon receipt deliver to the District Attorney's office for incorporation in the file.

Diplomatic or
Consular Officials Involved

See "Diplomatic and Consular Officials."

Minors under 21
driving with a BAC of .01% or
greater

See "Vehicle Code Violations - Miscellaneous."

On-view arrests

SH-R-221
SH-137MC or SH-CR-493
DMV DL 367
URN
24

Station
Patrol

A

Request status and record check from DMV for prior conviction record.

On all cases involving DMV Form DL 367, give complete name or names of subject; if out-of-state driver's license, indicate state of issuance; give date of birth; list circumstances which led to belief the arrested person was driving under the influence of intoxicating liquor; if suspect refuses any chemical test, quote refusal verbatim; if sample taken after refusal, so indicate; arresting officer must actually sign the report, otherwise it is invalid.  Send original of the form to DMV.  Attach copy of the Arrest Report to the original of Form DL 367 before submitting it to DMV.

If it is a juvenile who is the drunk driver, assign to Station detectives under an URN.

Code as applicable:

241 - Drunk Driving, Alcohol/Drugs, Felony (Cause  Injury or Death).
242 - Drunk Driving, Alcohol or Drugs.
243 - Drunk Driving, Alcohol at .08 or above.
245 - Drunk Driving, Drugs Only.

Joint assignment with Narcotics Bureau only when evidence (drugs, narcotics, narcotics paraphernalia) obtained.  Evidence should include injection wounds indicative of drug usage.  Urine and/or blood samples are not to be considered evidence for joint assignment.

On-view arrest,
with injury as
result of traffic
accident in
contract city

CHP-555
SH-R-221
SH-137MC or SH-CR-493
DMV DL 367
DMV DL 367A
URN
24 or 25

Station
Patrol

A

Request status and record check from DMV for prior conviction record.

On all cases involving DMV Form DL 367, give complete name or names of subject; if out-of-state driver's license, indicate state of issuance; give date of birth; list circumstances which led to belief the arrested person was driving under the influence of intoxicating liquor; if suspect refuses any chemical test, quote refusal verbatim; if sample taken after refusal, so indicate; arresting officer must actually sign the report, otherwise it is invalid.  Send original of the form to DMV.  Attach copy of the Arrest Report to the original of Form DL 367 before submitting it to DMV.

If it is a juvenile who is the drunk driver, assign to Station detectives under an URN.

Code as applicable.