Criminal

REQUIREMENTS FOR VIDEO RECORDING AND INTERVIEWING THE DWI SUSPECT

Once a decision has been made by the officer to arrest a driver for DWI, the officer must transport the prisoner to the intoxilyzer testing facility.

A. Upon entering the intoxilyzer facility, the arresting officer must notify the operator of the presence of the prisoner, contact the jail supervisor to explain the probable cause for arrest, and provide sufficient information for a driver’s license check.

B. The intoxilyzer operator must start the video recorder just prior to the prisoner entering the recording room. The pris- oner, arresting officer, and interpreter, if needed, must then enter. The arresting officer must read the DIC 24 (Police Officer DWI Statutory Warning), administer the sobriety tests, read the Miranda Warnings, and ask the Intoxilyzer Report questions to the suspect on the recording. A definite affirmative or negative answer must be obtained, when applicable. The officer must then sign the DIC 24 while the video is recording. If the suspect does not understand the statements in the DIC 24, the officer can only repeat the questioned section. The officer must not offer an interpreta- tion of the statement.

1. Upon a refusal or invalid specimen, the suspect must sign the bottom section of the DIC 24. If the suspect refuses to sign the DIC 24, the officer must denote that decision by striking out the inappropriate box on the bottom sec- tion of the DIC 24.

2. The prisoner must be released to the custody of the breath test operator who must follow the DWI interview and video reporting procedure. After the breath test or refusal has been completed, the prisoner must then be returned to the custody of the arresting officer.

3. A copy of the DIC 24 should be given both orally and in writing. Failure to give the suspect a written copy will cause the test result to be inadmissible.

4. Following a failure or a refusal, the arresting officer must serve notice of suspension of driving privileges on the suspect orally and by completing a DIC 25 (Notice of Suspension) and provide the driver with a copy of the DIC 25 form. The arresting officer must deliver the prisoner to jail and follow normal booking procedures. The officer is authorized to confiscate the license if the suspect refused or if the suspect provided a .08% or higher reading.

C. The intoxilyzer operator must be responsible for making a review of the video upon its completion or immediately af- ter the intoxilyzer test, if applicable. The review must validate that the video recorded correctly and that the audio and visual portions are intelligible. It is not necessary to review the entire video to validate the recording. If for any reason an error exists which would preclude the use of such video as evidence, the arresting officer must be notified and must be responsible for including this information in the DWI report.

D. Once the video has been reviewed and validated, the intoxilyzer operator must submit it as evidence. The intoxilyzer operator is also responsible for securing the video in the appropriate locked drawer at the jail facility.

Francisco Hernandez

Author Francisco Hernandez

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