Criminal

DWI REPORT COMPLETION AND SUBMISSION

Once the suspect is registered in jail, the arresting officer must complete the DWI report. Officers must be specific when describing the actions of the suspect from the time of initial observation to the time the suspect is registered in jail. All times and witnesses pertinent to the arrest must be accurately recorded. When inputting the report to ARS, the format must include information pertaining to existing conditions, a summary, witnesses, observation of driver, field sobriety evaluations, inventory of vehicle, accident investigation if necessary, intoxilyzer room, and incident times.

A. The arresting officer must gather the information necessary for submission of the appropriate reports. Follow-up and case filing for the offense of DWI will be the responsibility of the Traffic Division.

1. If a Traffic Division DWI Unit takes over a DWI investigation from another bureau/division, the Traffic Division will be responsible for all follow-up investigation and case filing.

2. When a DWI arrest is involved in an accident which resulted in serious bodily injury or the death of any individ- ual, the report will be worked as a DWI, but the title will be intoxication assault or intoxication manslaughter.

The paperwork listed in 312.08 D must be forwarded to the Traffic Investigation Unit using the DWI format by the patrol officer, or the DWI officer if so directed.
B. Submission of Forms to the Suspect:

1. A completed copy of the Form DIC 24 (Police Officer DWI Statutory Warning)

2. A completed copy of DIC 25 (Notice of Suspension), and

3. If the suspect is a commercial motor vehicle operator, the suspect will receive a copy of the additional following forms:

a. DIC 55 (Peace Officer Statutory Warning for CMV Operators)

b. DIC 57 (Notice of Disqualification)

C. Submission of Forms to the Jail Supervisor:

1. Texas Department of Public Safety Criminal History Reporting form (TRN)

2. Jail Registration

3. Adult Warning

4. Notarized copy of the DIC 23 (Probable Cause Affidavit) and the DIC 24 (Police officer DWI Statutory Warn- ing), if applicable, the DIC 25 (Notice of Suspension) and accident report

5. Continuation Sheet, if applicable

6. Copy of Breath Test Record, if applicable

7. Affidavit

8. All in-vehicle, body camera, and other media

D. All other paperwork will be reviewed by a jail supervisor for completeness before leaving the jail facility.

1. Breath Test Record
2. Pink/Yellow Copy of TRN – generated by computer unless system is inoperable
3. Field Sobriety Score Sheet
4. Intoxilyzer Report
5. Form DIC 24 (Police Officer DWI Statutory Warning)
6. Original Form DIC 23 (Probable Cause Affidavit)
7. Continuation Sheet, if applicable
8. Form DIC 25 (Notice of Suspension) – If refusal or provided a reading of .08% or higher
9. LIDR/Copy of Driver License
10. Copy of Accident Report, if applicable
11. Copy of Evidence Transmittal, if applicable
12. Blood Request for Conscious or Unconscious Subject, if applicable
13. Search Warrant with warrant number listed
14. In the case of a commercial motor vehicle, the following additional forms will be necessary:
a. DIC 54 (Peace Officer Sworn Report for CMV Operators)
b. DIC 55 (Peace Officer Statutory Warning for CMV Operators)
c. DIC 57 (Notice of Disqualification)
E. Traffic investigators will be responsible for completing the case report cover sheet and obtaining, if applicable, the LIDR, criminal history, adult warning, probable cause affidavit, and laboratory analysis. Traffic investigators must be responsible for ensuring a complete DWI case package is submitted to the District Attorney’s office, and that a complete set of forms is sent to the Driver Improvement and Administrative License Revocation (ALR) Program within the Department of Public Safety in a timely manner. If the test results are 0.08% or below, all completed forms must be submitted through normal channels, however, only the DIC 24 and a copy of the Breath Test Record will be forwarded to Austin.

Francisco Hernandez

Author Francisco Hernandez

More posts by Francisco Hernandez