Chicago Police DepartmentSpecial Order S04-08-03
DUI Investigations - Felony Statutes
Issue Date:16 August 2012Effective Date:18 August 2012
Rescinds:26 April 2006 Version
Index Category:Preliminary Investigations
I.Purpose
This directive outlines the processing procedures for felony DUI investigations.
II.Procedures
  • A.Felony Upgrades
    The arresting officer will notify the station supervisor and the Felony Review Unit, Cook County State’s Attorney’s Office (CCSAO), for a felony DUI upgrade if the LEADS response from the Secretary of State indicates the arrestee’s driver’s license is REVOKED or SUSPENDED for one of the following violations:
    • 1.driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof [625 ILCS 5/6-205(a)2];
    • 2.suspension of driver’s license; statutory summary alcohol, other drug or drugs, or intoxicating compound or compounds-related suspension; implied consent [625 ILCS 5/11-501.1];
    • 3.leaving the scene of a traffic accident involving death or personal injury [625 ILCS 5/6-205(a)4];
    • 4.section 9-3 of the Criminal Code of 1961 [Reckless Homicide (720 ILCS 5/9-3)] [625 ILCS 5/6-205(a)1].
  • B.Statutory Felony DUI
    The arresting officer will notify the station supervisor and the Felony Review Unit, CCSAO, for the approval of the statutory felony DUI charge if the member is able to determine that the arrestee has violated 625 ICLS 5/11-501(a):
    • 1.for the third or subsequent time [625 ILCS 5/11-501(d)(1)(A)].
    • 2.while driving a school bus with children on board [625 ILCS 5/11-501(d)(1)(B)].
    • 3.and was involved in a motor vehicle accident which resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries [625 ILCS 5/11-501(d)(1)(C)].
    • 4.for a second time and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 (720 ILCS 5/9-3) or a similar provision of a law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted under subparagraph (c) or subparagraph (F) of 625 ILCS 5/11-501(d)(1) [625 ILCS 5/11-501(d)(1)(D)].
    • 5.while driving at any speed in a school speed zone at a time when a speed limit of 20 miles per hour was in effect under subsection (a) of 625 ILCS 5/11-605 of this Code, was involved in a motor vehicle accident that resulted in bodily harm, other than great bodily harm or permanent disability or disfigurement to another person, when the violation of 625 ICLS 5/11-501(a) was a proximate cause of the bodily harm [625 ILCS 5/11-501(d)(1)(E)].
    • 6.and was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft crash that resulted in the death of another person, and the violation of 625 ICLS 5/11-501(a) was a proximate cause of the death. [625 ILCS 5/11-501(d)(1)(F)].
      NOTE:
      Arresting officers will follow the procedures in the Department directive entitled “Digital Recording of Homicide Interrogations.”
    • 7.while they did not possess a driver’s license or permit, a restricted driving permit, or a judicial driving permit [625 ILCS 5/11-501(d)(1)(G)].
    • 8.while they knew or should have known that the vehicle they were driving was not covered by a liability insurance policy [625 ILCS 5/11-501(d)(1)(H)].
  • C.After the determination has been made to seek approval for felony charges, the arresting officer will record in the “Felony Review Field” of the Arrest Report:
    • 1.the name of the Assistant State’s Attorney/Felony Review notified.
    • 2.whether the statutory or upgraded felony DUI charge was approved or not approved.
      NOTE:
      If the felony charge was not approved, enter the reason in the “Incident Narrative” field of the Arrest Report and notify the station supervisor.
    • 3.time of the notification.
  • D.If the statutory or upgraded felony DUI charge is approved, the arresting officer will:
    • 1.complete a Felony Complaint form for the appropriate felony DUI charge;
      NOTE:
      Arresting officers will not issue a Personal Service Citation for felony DUI.
    • 2.print the word “FELONY” in the upper left-hand corner of the Alcohol/Drug Influence Report above the words “Alcohol/Drug Influence Report;” and
    • 3.do not fill out the DUI Citation Number, Courtroom, Key, Date, and Time boxes on the Alcohol/Drug Influence Report.
  • E.The station supervisor will ensure:
    • 1.the Felony Review Unit, Cook County State’s Attorney’s Office, is notified in all cases when an arrestee is to be charged with a statutory felony DUI or involving a statutory upgrade of misdemeanor DUI charges based on an arrestee’s prior DUI convictions and/or driver’s license record.
    • 2.the appropriate area deputy chief, Bureau of Patrol, is notified and the procedures in the Department directive entitled “Felony Review by the Cook County State’s Attorney” are followed when felony DUI charges are not approved by the Felony Review Unit.
Garry F. McCarthy
Superintendent of Police
09-140 MWK