Chicago Police DepartmentGeneral Order G04-08
Driving While Under the Influence (DUI) and Zero Tolerance
Issue Date:16 August 2012Effective Date:18 August 2012
Rescinds:12 Sep 2011 Version
Index Category:Preliminary Investigations
I.Purpose
  • A.This directive:
    • 1.defines the components of Standardized Field Sobriety Testing (SFST).
    • 2.outlines field procedures for processing:
      • a.arrests which involve driving while under the influence of alcohol, other drugs, intoxicating compounds, or a combination thereof.
      • b.Zero Tolerance investigations.
    • 3.continues the use of the following forms:
      • 1.DUI Case Management Folder (CPD-22.121).
      • 2.Illinois State Police Breath Analysis Instrument Log (ISP 5-22).
      • 3.the Secretary of State Warning to Motorist/Law Enforcement Sworn Report formset (Oct 2011 - DSD DC 35.24).
      • 4.the Secretary of State Zero Tolerance Warning to Motorist Under 21/Zero Tolerance Sworn Report formset (August 2011 - DSD DC 167.5).
      • 5.Nonconsensual Blood Draw Request (CPD-11.564).
    • 4.introduces the use of the following forms:
      • 1.Alcohol/Drug Influence Report (CPD-22.118).
      • 2.Field Sobriety Booklet (CPD-22.119).
      • 3.Transmittal Listing/DUI Evidentiary Reports formset (CPD-22.909).
  • B.Department members will refer to the Special Order titled "Driving While Under the Influence (DUI) and Zero Tolerance" for procedures on processing arrests, securing chemical testing, and other responsibilities.
II.Pertinent Statutes
  • A.625 ILCS 5/11-501: Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.
  • B.625 ILCS 5/11-501.1: Suspension of drivers license; statutory summary alcohol, other drug or drugs, or intoxicating compound or compounds related suspension; implied consent.
  • C.625 ILCS 5/11-501.2: Chemical and other tests
  • D.625 ICLS 5/11-501.8: Suspension of driver's license; persons under age 21.
III.Field Sobriety Tests
  • A.The Standardized Field Sobriety Tests (SFST) assist members in determining whether a driver is impaired and establishing probable cause to arrest under DUI statutes. The SFST will only be conducted by members who have successfully completed the SFST training course in accordance with the National Highway Traffic Safety Administration standard qualifying them as SFST practitioners. The below listed tests are components of the SFST and, based on conditions at the scene, will be conducted prior to arrest whenever possible.
    • 1.The Horizontal Gaze Nystagmus (HGN) test.
      NOTE:
      Department members will not request another member to conduct the HGN test.
    • 2.The Walk and Turn test.
    • 3.The One Leg Stand test.
  • B.The Finger to Nose test is not considered a component of the SFST. However, this test may be used by Department members and its results documented on the Alcohol/Drug Influence Report and Field Sobriety Booklet.
  • C.The Field Sobriety Booklet is provided as an additional tool to record field notes during the observation of the DUI suspect. If completed, the page for the incident will be attached to the Alcohol/Drug Influence Report.
IV.Field Procedures
  • A.When a Department member has reasonable suspicion to believe that an individual is operating or is in actual physical control of a motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, the member will determine whether probable cause exists to charge the driver with DUI based upon any or all of the following:
    • 1.observations of the person's driving;
    • 2.observations of the driver's condition;
    • 3.an interview of the driver; and/or
    • 4.results of the field sobriety tests.
  • B.Upon determining that probable cause exists for a DUI charge, the arresting officer will:
    • 1.place the driver under arrest for Driving While Under the Influence and transport the arrestee to the district of arrest.
    • 2.notify the Office of Emergency Management and Communications (OEMC) dispatcher that an arrest has been made for a violation of 625 ILCS 5/11-501 and the location to which the arrestee is transported.
    • 3.secure and impound the arrestee’s vehicle in accordance with the Department directive entitled “Impoundment of Vehicles for Municipal Code Violations.”
    • 4.if an arrestee is involved in a DUI traffic crash resulting/likely to result in a fatality:
      • a.immediately notify the Major Accident Investigations Unit (MAIU).
      • b.transport the arrestee as soon as possible to the Bureau of Detectives area center where the traffic crash occurred.
      • c.follow the procedures in the Department directive entitled “Digital Recording of Homicide Interrogations.”
    • 5.request a chemical test or tests pursuant to 625 ILCS 5/11-501.1(a).
V.Zero Tolerance Investigations
  • A.Zero Tolerance, as provided under 625 ILCS 5/11-501.8, is not a criminal violation, but rather an administrative sanction by the Illinois Secretary of State pertaining to implied consent.
  • B.When a Department member conducts a traffic stop involving a violation of the Illinois Vehicle Code (IVC) or a similar local traffic ordinance, the driver of the vehicle is under 21 years of age, and the member suspects the driver may have been consuming alcohol or drugs, the member will follow the procedures outlined in Item IV of this directive to determine if the driver is under the influence of alcohol, other drugs, or some combination thereof.
  • C.If the investigating member has probable cause to believe that the operator of the vehicle is under the influence of alcohol, other drugs, or some combination thereof, the driver will be placed under arrest and processed for DUI.
  • D.If the investigating member has probable cause to believe that the operator of the vehicle has consumed any amount of alcohol or drugs but whose ability to operate a motor vehicle is not impaired to that extent necessary to process with DUI procedures, the member will transport the driver to the district of occurrence and proceed with a Zero Tolerance investigation
Garry F. McCarthy
Superintendent of Police
09-140 MWK