15.8 Release of Impaired Driving Suspects
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This is Centreville Police Department Directive 15.8 (issued and revised 10/1/2016) that provides guidance for officers and supervisors on releasing impaired driving suspects. It requires considering the totality of circumstances and consulting a supervisor (who has final authority) with specific factors to weigh — degree of intoxication, prior impaired-driving convictions, mental/physical suitability, availability of transportation, and whether the person accepting custody is sober and willing — prohibits release into taxis or public transportation, directs that severely impaired or combative suspects be taken to a detention facility for presentation before a District Court Commissioner, and requires medical attention when an officer deems it necessary or when breath alcohol is .30 or higher.
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Centreville Police Department Title: Release of Impaired Driving Suspects Directive #: 15.8 Issued: 10.1.2016 Revised: 10.1.2016 Approved by: Charles M. Rhodes, Jr. Chief of Police A. Purpose To provide officers with guidance on releasing impaired driving violators. B. Policy Officers will consider the totality of the circumstances prior to releasing a violator from custody. C. Procedures 1. Circumstances for Release a. Although impaired driving offenses are jailable, officers and supervisors retain have discretion when releasing an impaired driving suspect. b. Officers and supervisors will consider the safety of the public and the suspect prior to making a final determination. c. Prior to making the decision to issue the suspect summonses and release him from custody, the arresting officer will consult with a supervisor who retains the final authority over the decision to release. d. Prior to making the decision to release the suspect, the officer and supervisor must consider: (1) the degree of intoxication of the suspect; (2) whether the suspect has previously been convicted of an impaired driving offense; (3) the suspect’s mental and physical suitability for release; (4) if transportation is available; and (5) whether the individual to whom the suspect is released appears sober and is willing to take responsibility for the suspect. Page 1 of 2 e. Suspects will not be permitted to take a taxi or any form of public transportation. 2. Presentation before a District Court Commissioner a. If the suspect is severely impaired, combative or if other circumstances dictate that continued detention is appropriate, he will be taken to a detention facility for presentation before a District Court Commissioner. 3. Medical Examination a. At any time, if an officer feels that the suspect is so severely intoxicated or other circumstances dictate, medical attention should be sought for the suspect. b. Any time a suspect has a breath alcohol reading of .30 or higher, medical attention should be sought. Page 2 of 2