Chicago Police DepartmentSpecial Order S04-08-01
DUI Investigations - Chemical Testing Procedures
Issue Date:16 August 2012Effective Date:18 August 2012
Rescinds:6 April 01 Version
Index Category:Preliminary Investigations
I.Purpose
This directive outlines the chemical testing and refusal procedures.
II.Breath Analysis Testing Procedures
  • A.The arresting officer will:
    • 1.request DUI arrestees and Zero Tolerance offenders submit to a breath test.
    • 2.request the assignment of a certified breath analysis operator to administer the breath test.
      NOTE:
      If the arresting officer is a certified breath analysis operator, the arresting officer will administer the breath test.
    • 3.maintain custody of the arrestee in the breath-test facility pending the administration of the breath test, keeping the arrestee under constant observation. 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 detective/traffic specialist assigned to the homicide investigation/interrogation is responsible for maintaining custody of that arrestee. The arresting officer will still maintain constant observation of the arrestee pending the completion of the breath-test procedures.
  • B.Members certified as breath analysis operators will service all requests made for breath tests during their tour of duty. If a breath testing instrument is inoperable or in need or repair, the breath analysis operator will notify the station supervisor of the breath-test facility and the Forensic Services Division.
  • C.The Department member certified as breath analysis operator conducting the Breath Analysis Test will:
    • 1.observe the arrestee for a period of 20 minutes prior to administering the breath test.
      • a.Continuous observation will be conducted by the breath analysis operator for at least 20 minutes prior to the breath test, not including transport time.
      • b.During the 20 minute observation period the arrestee will be deprived of alcohol and foreign substances and shall not have vomited. If the subject vomits during the observation period, the observation period will be started over by having the arrestee rinse the oral cavity with water. If the arrestee continues to vomit, alternate chemical testing should be considered.
    • 2.ensure that a Personal Service Citation for a violation of 625 ILCS 5/11-501(a)(2) has been issued by the arresting officer.
      NOTE:
      This citation is not required for Zero Tolerance investigations.
    • 3.administer a breath test in accordance with their training and certification.
    • 4.inform the arresting officer of the blood alcohol concentration.
    • 5.ensure that upon completion of the breath test, four (4) record copies of the breath test are printed and distributed as follows:
      • a.one to the arrestee.
      • b.three to the arresting officer.
    • 6.make the appropriate entries on the Illinois State Police Breath Analysis Instrument Log sheet; including if the test was conducted due to a Zero Tolerance investigation.
    • 7.inform the arresting officer and the station supervisor of the breath test facility if the blood alcohol concentration reading is not consistent with the arrestee's observed degree of impairment and suggest alternate testing be completed.
III.Alternate Chemical Testing Procedures
  • A.The arresting officer will request alternate chemical testing when:
    • 1.the breath test result is too low to be consistent with the observed degree of impairment,
    • 2.the arresting officer believes that the arrestee is under the influence of drugs, intoxicating compounds, or a combination thereof, or
    • 3.the arrestee is involved in a personal injury or fatal traffic crash, pursuant to 625 ILCS 5/11-501.2(c)(2).
  • B.The arresting officer will ensure alternate chemical testing is conducted in a timely manner and arrange to have the arrestee transported to the nearest approved hospital to undergo alternate chemical testing whenever the arrestee:
    • 1.is involved in a personal injury or fatal traffic crash, pursuant to 625 ILCS 5/11-501.2(c)(2), or
    • 2.consents to alternative testing.
      NOTE:
      If the arrestee refuses to consent to alternate chemical testing, it will constitute a refusal.
  • C.An arrestee under 18 years of age will not be taken for alternate chemical testing in order to collect blood without the consent of a parent or guardian.
    • 1.If a parent or guardian refuses to consent to alternate chemical testing, it will constitute a refusal.
    • 2.If a parent or guardian consents to alternate chemical testing and the arrestee refuses to complete the test, it will constitute a refusal.
    • 3.If the arresting officer is unable to contact a parent or guardian, alternate chemical testing will not be completed, and it will not constitute a refusal.
  • D.If a person is receiving medical treatment at a hospital and reasonable suspicion exists for a DUI investigation, the responding Department member will request the results of any blood tests taken for medical reasons from hospital personnel as outlined in the Department directive entitled "DUI Investigations - Hospital Emergency Rooms."
  • E.If alternate chemical testing is appropriate, the arresting officer will:
    • 1.transport the arrestee to the nearest approved hospital for testing. The arrestee will be kept under continuous observation while being transported to and processed at the hospital.
    • 2.inform hospital personnel that the arrestee is there for alternate chemical testing.
    • 3.obtain a DUI kit from hospital personnel and follow the instructions contained within the kit.
    • 4.if necessary, complete a Nonconsensual Blood Draw Request (CPD-11.564) when the arrestee is taken for alternate chemical testing due to involvement in personal injury or fatal traffic crash, pursuant to 625 ILCS 5/11-501.2(c)(2).
      NOTE:
      The arresting officer will ensure the completion or refusal of the non-consensual blood draw is recorded on the form.
    • 5.witness the collection of the blood specimen.
    • 6.ensure a urine specimen is collected after the drawing of the blood specimen. The urine specimen will be collected in addition to but not instead of the blood specimen. The urine collection process will be conducted in a manner which will preserve the dignity of the arrestee and ensure the integrity of the specimen. A Department member of the same sex as the arrestee will witness the collection of the urine specimen and the transfer of the specimen from the collecting hospital personnel to the arresting officer.
    • 7.record the witnessing member’s name, star number, and unit of assignment in the "Comments" section of the Alcohol/Drug Influence Report.
      NOTE:
      The witnessing member will not take physical control of the blood and urine specimen vials and will avoid any action which would cause the witnessing member to be included in the chain of evidence.
    • 8.secure the blood and urine specimen(s) in the DUI kit when alternate chemical testing has been completed.
    • 9.issue an additional Personal Service Citation charging a violation of 625 ILCS 5/11-501(a) after the arrestee completes alternate chemical testing.
      NOTE:
      After the lab results have been obtained, the Assistant State’s Attorney will amend the citation in court listing the appropriate subsection of 625 ILCS 5/11-501(a).
    • 10.upon completion of the alternate chemical testing procedures at the hospital, ensure the arrestee is transported back to the district of arrest for processing.
    • 11.deliver the sealed DUI kit containing the blood and urine specimens to the Forensic Services Division desk immediately. At the Forensic Services Division desk, the arresting officer will:
      • a.prepare a Property Inventory for the collected blood and urine specimens. Describe the evidence on the Property Inventory as “Sealed DUI Kit” and include the DUI citation number.
      • b.prepare an Illinois State Police Evidence Receipt, including the DUI citation number and the Records Division (RD) number, if any, on the receipt.
      • c.confirm the submission of the sealed DUI Kit containing the blood and urine specimens by:
        • a.sending a photocopy of the Illinois State Police Evidence Receipt and the “Court Copy” of the Property Inventory, via the Police Documents Section, to the Traffic Court Unit (148).
        • b.retaining a photocopy of the Illinois State Police Evidence Receipt and the “Officer Copy” of the Property Inventory.
      • d.prepare an Evidence-Property Envelope (CPD-34.559-A), entering the arresting officer’s unit number and the Property Inventory Number in the proper boxes. The DUI citation number, the RD number (if applicable), and the arresting officer’s signature and star number will be entered into the box entitled “Comments.”
      • e.place the sealed DUI Kit, the “Inventory Copy” of the Property Inventory, and the empty, unsealed Evidence-Property envelope in the mailing envelope.
      • f.write the arrestee’s name, the arresting officer’s name and star number, and the DUI citation number on the Domestic Return Receipt and will check the box marked certified mail. The Domestic Return Receipt postcard will be addressed to the Chicago Police Department Traffic Court Unit.
      • g.submit the sealed DUI kit and required documentation to the Forensic Services Division personnel.
    • 12.if necessary, submit the completed Nonconsensual Blood Draw Request to the station supervisor in the district of arrest with the other required DUI evidentiary reports.
IV.Refusal of a Chemical Test (Breath, Blood, or Urine)
  • A.If at any time after being given the Warnings to Motorist, the arrestee refuses to take a breath test or undergo alternate chemical testing of blood and/or urine, it will constitute a refusal.
  • B.If before or during the test, the arrestee, through misconduct, refuses to complete the test or employs tactics to delay completion of the test, it will constitute a refusal.
  • C.If a driver under 21 years of age being processed for a Zero Tolerance investigation refuses to undergo any requested testing, it will constitute a refusal.
Garry F. McCarthy
Superintendent of Police
09-140 MWK