Chicago Police DepartmentSpecial Order S04-08-04
DUI Investigations - Additional Responsibilities
Issue Date:16 August 2012Effective Date:18 August 2012
Rescinds:6 April 2001 Version
Index Category:Preliminary Investigations
I.Purpose
This directive specifies additional responsibilities for the processing of DUI incidents and the maintenance of DUI evidence and records.
II.Responsibilities of Arresting Officer Relating to Court
  • A.Arresting officers appearing in Traffic Court will have in their possession all DUI evidentiary reports received from the Traffic Court Unit and evidence relating to each case for which they are appearing.
  • B.If the in-car video system was used to record the DUI incident, the arresting officer will inform the Cook County State's Attorney assigned to the case of the fact that a video exists for the incident.
  • C.After appearing in Traffic Court, the arresting officer’s copy of the DUI evidentiary reports relating to these cases will be returned by the arresting officer to the Traffic Court Unit for filing.
  • D.An arresting officer may be subpoenaed to testify at a hearing to review the statutory summary suspension of a violator’s driver’s license if the violator has petitioned the Court for such hearing.
III.District Responsibilities
  • A.The station supervisor of the district of arrest will ensure:
    • 1.juveniles arrested for DUI are processed in accordance with the Department directive entitled “Processing of Juveniles and Minors under Department Control.”
    • 2.all forms submitted are reviewed for accuracy, completeness, and legibility. The station supervisor will review and approve submitted Alcohol/Drug Influence Reports (CPD-22.118), indicated by signing the report. The station supervisor will ensure:
      • a.if the DUI has been charged as a felony, that the word “FELONY” is printed in the upper left-hand corner of the “Alcohol/Drug Influence Report,” above the words “Alcohol/Drug Influence Report,” and that the DUI Citation Number, Courtroom, Key, Date, and Time boxes on the “Alcohol/Drug Influence Report” are left blank.
      • b.if the Alcohol/Drug Influence Report indicates the In-Car Video System was used, the digitally recorded data for the incident is retained appropriately.
    • 3.the arresting officer has followed the procedures for the breath test and, if necessary, the alternate chemical testing.
    • 4.the district's Illinois State Police Breath Analysis Instrument Log is maintained and completed accordingly.
    • 5.the movement of an arrestee from the district to the nearest approved hospital is approved and documented when alternate chemical testing is required.
    • 6.arrestees under 18 years of age are not taken for alternate chemical testing without the consent of a parent or guardian consistent with the Department directive entitled "DUI Investigations - Chemical Testing Procedures."
    • 7.the arresting officer has impounded the arrestee’s vehicle in accordance with the Department directive entitled “Impoundment of Vehicles for Municipal Code Violations."
  • B.The first watch station supervisor in the district of arrest will:
    • 1.for DUI incidents, forward daily the following completed DUI evidentiary reports to the Traffic Court Unit (Unit 148):
      • a.Alcohol/Drug Influence Report.
      • b.Warning to Motorist (2 copies).
      • c.Law Enforcement Sworn Report, whether the breath test was taken or refused (5 copies), including the “Police Officer Give to Motorist Copy” when blood and urine testing is performed (6 copies).
      • d.Breath Test Record (3 copies).
      • e.Court Sergeant Copy of the Arrest Report with the attached Criminal History Sheet or No Record Notification and the current Central Booking photo.
      • f.Field Sobriety Booklet notes, if used (attached to original of Alcohol Drug/Influence Report).
      • g.Printout of the LEADS response from the check of the arrestee's drivers license record.
      • h.One copy of the Illinois Traffic Crash Report, Illinois Traffic Crash Report Additional Units (SR1050CA), or Supplementary Report, if applicable.
      • i.The original Nonconsensual Blood Draw Request (CPD-11.564), if completed.
      • j.Any other applicable report (1 copy).
    • 2.for Zero Tolerance incidents, forward daily the following completed Zero Tolerance evidentiary reports to the Traffic Court/Records Unit (Unit 148):
      • a.Zero Tolerance Warning to Motorists Under 21.
      • b.Zero Tolerance Sworn Report.
      • c.Breath Test Record (3 copies).
    • 3.forward the DUI or Zero Tolerance evidentiary reports using the Transmittal Listing/DUI Evidentiary Reports (CPD-22.909) formset.
      • a.If the DUI charge has been upgraded to a felony, the word “FELONY” will be printed in the remarks box.
      • b.If forwarding Zero Tolerance evidentiary reports, the words "ZERO TOLERANCE" will be printed on the top of the formset.
      • c.The Traffic Court Unit Copy (copy 1) and Receipt Copy (copy 3) of the listing and all of the completed reports relating to each case listed will be forwarded to the Traffic Court Unit (Unit 148).
      • d.The Temporary Record Copy (copy 2) of the listing will be retained in the unit. When the receipted copy 3 of the listing is received from the Traffic Court Unit, the unit will destroy copy 2. The receipted copy 3 will be retained in the unit files in accordance with existing records-retention requirements.
    • 4.forward the evidentiary reports daily using a pre-addressed vinyl mailing pouch, by Department mail or messenger, in order to arrive at the Traffic Court Unit by 0730 hours.
    • 5.if an arrestee is charged with a DUI and is sent to bond court, include photocopies of DUI Evidentiary Reports as outlined in Item II-B-1 of this directive along with the Arrest Report, original complaints (citations and/or long-form complaints), and any other reports which will normally accompany the arrestee’s transfer to court.
    • 6.process the vehicle impoundment as required in the Department directive entitled “Impoundment of Vehicles for Municipal Code Violations.”
    • 7.process Personal Service Citation(s) issued in conjunction with a DUI or Zero Tolerance investigation as outlined in the Department directive entitled “Citing Traffic Violations and Attending Traffic Court.”
IV.Unit Responsibilities
  • A.The Chief, Bureau of Patrol, will ensure that an adequate number of personnel are certified as breath analysis operators.
  • B.The Deputy Chief, Education and Training Division, will forward to the Traffic Court Unit (Unit 148):
    • 1.a copy of the Illinois State Police - Breath Analysis Operator License Certification for all Department members licensed as breath analysis operators.
    • 2.an updated list of Department members qualified to conduct Standard Field Sobriety Testing (SFST) each month.
  • C.The Commander, Forensic Services Division, will:
    • 1.provide a breath analysis operator in those cases where a Bureau of Patrol breath analysis operator is unavailable at the breath-test facility or from an adjoining district.
    • 2.coordinate the maintenance of all Department breath testing instruments.
    • 3.collect and maintain a file copy of all completed Illinois State Police Breath Analysis Instrument Log sheets.
    • 4.provide the mailing envelopes, Evidence-Property Envelopes, and related materials required for the submitted DUI Kit specimens to be sent via certified United States Mail. A Domestic Return Receipt postcard will be attached to the envelope to comply with current Illinois State Police procedures.
    • 5.ensure the arresting officer is instructed to address and forward the envelope containing the specimens and the unsealed Evidence-Property Envelope to the Illinois State Police Forensic Science Laboratory or another appropriate designated agency for analysis.
  • D.The Commanding Officer, Traffic Court Unit, will:
    • 1.verify that the required reports are received for every arrestee listed on the Transmittal Listing/DUI Evidentiary Reports.
    • 2.file all DUI evidentiary reports in the DUI Case Management Folder.
    • 3.sign and return Receipt Copy (copy 3) of the Transmittal Listing/DUI Evidentiary Reports to the sending unit as a receipt for reports received.
    • 4.make two copies of the Alcohol/Drug Influence Report to be included in the DUI evidentiary report package.
    • 5.insert, on a daily basis (excluding weekends and holidays), copy 2 (Police Officer - Send to Secretary of State) of the Law Enforcement Sworn Report form into the envelope provided by the Secretary of State and forward the envelope to the Office of the Secretary of State.
    • 6.be responsible for filing the Domestic Return Receipt postcard, the “Court Copy” of the Property Inventory, the Illinois State Police Evidence Receipt copies, and the Nonconsensual Blood Draw Requests with the appropriate DUI case file.
    • 7.receive reports of analysis from the designated laboratory and include these reports in the DUI case file.
    • 8.ensure the Law Enforcement Sworn Report formsets are complete. When alternative testing was conducted during a DUI investigations, Traffic Court Unit personnel will complete the information in the following sections of the formset:
      • 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.
    • 9.ensure the Department member completing the Law Enforcement Sworn Report formset for DUI investigations in which alternative testing was conducted:
      • a.signs it and records their star number and date in the space immediately below the arresting officer's signature, and
      • b.detaches and forwards the "Police Officer-Give to Motorist" to the motorist by United States Mail through the Police Documents Section.
    • 10.forward a copy of the analysis report to the Office of the Cook County State's Attorney, Traffic Section.
    • 11.be responsible for the proper distribution of the various copies of forms submitted to the unit.
    • 12.be responsible for the filing and security of the arresting officer's copies of the forms and reports which are forwarded to the unit.
    • 13.forward one copy of the Supplementary Report or Illinois Traffic Crash Report Additional Units (SR1050CA) report to the Office of the Cook County State’s Attorney when information indicates that the subject was under the influence of alcohol and/or other drugs or intoxicating substances at the time of a traffic crash.
    • 14.maintain a file of all Supplementary Reports or Illinois Traffic Crash Report Additional Units (SR1050CA) reports received.
    • 15.maintain a file of the Illinois State Police - License Certifications for all Department members licensed as breath analysis operators.
    • 16.pick-up the completed Illinois State Police Breath Analysis Instrument Log sheets from the Forensic Services Division and maintain same in a secure file.
    • 17.provide statistical reports and information relating to DUI arrests.
    • 18.provide a copy of the Illinois Traffic Crash Report and, if necessary, the Illinois Traffic Crash Report Additional Units to the Chicago Fire Department, City of Chicago Department of Revenue, and the Office of The Cook County State’s Attorney for the purpose of restitution of emergency response costs.
Garry F. McCarthy
Superintendent of Police
09-140 MWK