Chicago Police DepartmentSpecial Order S04-08
Driving While Under the Influence (DUI) and Zero Tolerance
Issue Date:16 August 2012Effective Date:18 August 2012
Rescinds:6 April 01 Version; S04-08-07
Index Category:Preliminary Investigations
I.Purpose
  • A.This directive outlines the procedures for processing:
    • 1.arrests which involve driving while under the influence of alcohol, other drugs, intoxicating compounds, or a combination thereof.
    • 2.Zero Tolerance investigations.
  • B.Department members will refer to the General Order titled "Driving While Under the Influence (DUI) and Zero Tolerance" for Field Sobriety Testing and field arrest procedures.
II.Initial Procedures at the District Facility
The arresting officer will:
  • A.read to the arrestee the warnings as printed on the Warning To Motorist formset, complete the bottom portion, and give the arrestee the motorist’s copy, making certain to note on the form the date and time the warnings were given.
  • B.issue a citation for:
    • 1.the traffic violation which drew the attention of the member to the driver (i.e., reasonable suspicion for the initial traffic stop).
    • 2.a violation of 625 ILCS 5/11-501(a)(2).
      NOTE:
      This citation is not required for Zero Tolerance investigations.
  • C.request the arrestee submit to a breath test and, if appropriate, alternate chemical testing consistent with the procedures outlined in the Department directive entitled "DUI Investigations – Chemical Testing Procedures."
III.DUI Post-Testing Procedures
The arresting officer will:
  • A.prepare an Arrest Report.
  • B.prepare an Alcohol/Drug Influence Report (CPD-22.118).
    • 1.In refusal cases, the arresting officer will:
      • a.check the appropriate box in the chemical test(s) section of the Alcohol/Drug Influence Report; enter the serial number of the Law Enforcement Sworn Report; and indicate the date, time, and location of the refusal.
      • b.describe the tactics, actions, and/or conduct by the arrestee in the "Comments" section of the Alcohol/Drug Influence Report which constituted the refusal.
    • 2.If there is a possibility the arrestee may be charged with Reckless Homicide or Aggravated Driving Under the Influence when a death has occurred, the arresting officer will only complete the first page and the first part of the second page, ending at the section marked “Interview.”
      • a.The “Interview” section will be completed by the detective/traffic specialist assigned to the homicide investigation/interrogation, who must digitally record the interrogation. The detective/traffic specialist will sign the Alcohol/Drug Influence Report as the interviewing member.
      • b.The arresting officer and detective/traffic specialist will follow the procedures in the Department directive entitled “Digital Recording of Homicide Interrogations.”
  • C.prepare a Law Enforcement Sworn Report formset if:
    • 1.the arrestee’s breath test reading disclosed an alcohol concentration of 0.08 or more;
    • 2.the arrestee refused to submit to a breath test or alternate chemical testing; or
    • 3.the arrestee was administered alternate chemical testing procedures. When alternate testing chemical testing procedures are administered, the arresting officer will enter as much of the required information as is currently known, including the Receipt to Drive on the reverse side of “Police Officer - Give To Motorist” copy. The following information must be left blank and will be completed by Traffic Court Unit personnel:
      • a.notice of summary suspension given on month, day, and year.
      • b.an alcohol concentration which is ________, which is 0.08 or more.
      • c.any amount of a drug, substance, or intoxicating compound in your blood and urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act or an intoxicating compound listed in the use of the Intoxicating Compounds Act.
      • d.served immediate notice of summary suspension of driving privileges on the above named person.
      • e.given notice of summary suspension of driving privileges to the above named person by depositing in the United States Mail said notice on the envelope with the postage prepaid to the said person at the address as shown on the Personal Service citation.
      NOTE:
      Do not remove the “Police Officer - Give to Motorist” copy from the formset as the results of the alternate chemical testing procedures are not yet known. The formset will be completed by Traffic Court Unit personnel, who will notify the arrestee by United States Mail.
    NOTE:
    The "Case No." space will be left blank; it will be completed by the Circuit Court Clerk.
  • D.attach the Illinois driver’s license or permit to the “Court Copy of Complaint” of the Personal Service Citation.
    NOTE:
    The arresting officer will not attach an out of state driver’s license or permit.
  • E.check the arrestee’s driver’s license record for validity via LEADS, and:
    • 1.print the LEADS response and include a copy with the DUI evidentiary reports.
      NOTE:
      If LEADS is unavailable at the time of arrest, this will be documented in the narrative of the arrest report.
    • 2.if the arrestee’s Illinois driver’s license record is valid, complete the Receipt to Drive on the reverse side of the "Police Officer - Give to Motorist" copy of the Law Enforcement Sworn Report.
    • 3.if the arrestee’s Illinois driver’s license record is not valid or they are in possession of an out-of-state driver’s license, void the Receipt to Drive.
  • F.determine if a statutory or upgraded felony DUI charge is appropriate, as outlined in the Department directive entitled "DUI Investigations – Felony Statutes."
  • G.give the arrestee the “Police Officer - Give To Motorist” copy of the Law Enforcement Sworn Report (Notice of Summary Suspension), which also contains the "Notice to the Motorist of a Right to a Hearing" and "Receipt to Drive" on the reverse side.
    NOTE:
    If alternate chemical testing was completed, the “Police Officer - Give To Motorist” copy will be included with the DUI evidentiary reports sent to the Traffic Court Unit.
  • H.for misdemeanor cases only, issue a Personal Service Citation charging the appropriate misdemeanor subsection(s) of 625 ILCS 5/11-501(a), including when the breath test results discloses a Blood Alcohol Concentration (BAC) of 0.08 or more.
  • I.when narcotics are recovered during the DUI incident, record the DUI citation number in the “Remarks” section of the Evidence Bag (CPD-11.511) and enter a request that a copy of the analysis be sent to the Traffic Court Unit (Unit 148).
  • J.if the in-car video system was used to record the DUI incident, place an extended hold on the digitally recorded data for the incident consistent with the procedures outlined in the Department directive entitled "In-Car Video Systems."
  • K.make a copy of the Illinois Traffic Crash Report or Illinois Traffic Crash Report Additional Units to include with the DUI evidentiary reports, if applicable.
  • L.submit all completed reports to the station supervisor in the district of arrest.
IV.Zero Tolerance Procedures
  • A.Department members conducting a Zero Tolerance investigation will:
    • 1.follow the procedures outlined in Item II of this directive, using the Zero Tolerance Warning to Motorist Under 21 formset.
    • 2.prepare a Zero Tolerance Sworn Report if the subject’s breath test results disclosed a BAC over 0.00 or the subject refused to submit to a breath test and include:
      • a.a description of the probable cause to believe that the driver had consumed any amount of alcohol.
      • b.the results or refusal of the breath test.
    • 3.provide the operator of the vehicle with the driver’s copy of the Zero Tolerance Sworn Report and a copy of the breath test results.
    • 4.submit the Zero Tolerance Warning to Motorist Under 21, the Zero Tolerance Sworn Report, the breath test results, and the Personnel Service Citation(s) issued to the driver to the station supervisor for processing.
  • B.In the event the breath test of a driver under 21 years of age being processed for Zero Tolerance indicates a BAC of 0.08 or more, the driver will not be charged with Driving Under the Influence.
  • C.A driver being processed under a Zero Tolerance investigation shall post bond for the original traffic violation consistent with the Department directive entitled "Bond Procedures" and the Bail Bond Manual (CPD-11.909).
Garry F. McCarthy
Superintendent of Police
09-140 MWK
PHONE BOOK:
1.
Department of Streets and Sanitation
121 N Lasalle Rm 1107
312-744-4737
ADDENDA:
1.S04-08-01 - DUI Investigations - Chemical Testing Procedures
2.S04-08-02 - DUI Investigations - Hospital Emergency Rooms
3.S04-08-03 - DUI Investigations - Felony Statutes
4.S04-08-04 - DUI Investigations - Additional Responsibilities
5.S04-08-05 - Sobriety Safety Check Program
6.S04-08-06 - Sobriety Safety Check File