Upon completion of the interviewing and videotaping, the operator must administer the intoxilyzer test.

A. The request for the breath test should be made one time only. There is no right to an attorney for the purpose of decid- ing whether to take the breath test. It should not be implied to the suspect that if they pass the breath test, they will not be charged with DWI and may be released.

B. The arresting officer must denote the intoxilyzer test results (0.—%) in the title of the report and in the narrative.

1. The arresting officer must register the suspect in jail if the intoxilyzer test results indicate the suspect is intoxi- cated (0.08% or above).

2. If the test results are 0.06% or below and DUI is not suspected, the suspect’s release may be authorized by the jail supervisor. All completed forms must be submitted through normal channels; however, only the DIC 23 and DIC 24 and a copy of the Breath Test Record will be forwarded to Austin.

a. If the suspect is released, the jail supervisor must authorize the release of the impounded vehicle and arrange for transportation for the subject to the Auto Pound.

3. If the test results are 0.07% or below, a case may still be filed. In these cases, the DIC 23 for submission will be forwarded to the jail supervisor. Other completed forms must be submitted through normal channels.
If the test results are 0.30% or above, the suspect must be closely observed and may be sent to John Peter Smith Hospital if deemed necessary by the jail supervisor.

A. If DWI-Other Than Alcohol is suspected and there is adequate evidence (witnesses, drugs, etc.), the suspect must be charged with DWI-Other Than Alcohol. The officer must request a sample of blood and, if applicable, if the officer is certified in Drug Recognition Evaluation (DRE), the officer may perform a DRE. In the absence of such evidence, the suspect may be released or charged with any appropriate charges that may be applicable subject to the judgment of the jail supervisor.

NOTE: If the officer is not certified in Drug Recognition Evaluation, the officer may still do the field sobriety evaluation and note there was no alcohol smell. Officers may also ask the suspect if the suspect is currently on any medication or drug and document that answer.

B. If the suspect was operating a commercial motor vehicle, forms must be completed dependent upon the alcohol con- centration of the driver and whether the driver is suspected of only an alcohol-related commercial drivers license vio- lation, or both an alcohol-related commercial drivers license violation and DWI. When test results for drivers operating a commercial motor vehicle are 0.040% or above, or if there is a breath test refusal, the DIC 54 (Peace Offi- cer Sworn Report for Commercial Motor Vehicle Operators), DIC 55 (Statutory Warning for Commercial Motor Ve- hicle Operators), and the DIC 57 (Notice of Disqualification) along with all other forms must be submitted through normal channels.

Los Abogados
  • Francisco Hernandez
  • Daniel Hernandez
  • Phillip Hall
  • Rocio Martinez