- Policy - None.
- Procedure
- Police agents shall have the discretion of handling arrests for: driving under the influence and driving while ability impaired in the following manner, if it is the offender's first arrest on those charges, and if the offender has not been involved in a traffic collision with injuries.
- If the DUI/DWAI arrestee is non-combative:
- The arrestee may be permitted to sign the summons.
- The arrestee may be released to a responsible party.
- If the arrestee is unable to contact a responsible party, the arrestee shall be lodged at the detox center. Personnel at the center will assume responsibility for releasing the subject when the arrestee is no longer intoxicated.
- If the detox center does not have space available the arresting agent will receive a written authorization to lodge the subject in the Jefferson County jail.
- If detox center personnel report that the arrestee has become combative subsequent to the departure of the police agent, the subject shall again be taken into custody and transported to the Jefferson County jail.
- If the DUI/DWAI arrestee is combative:
- The arrestee shall be photographed and fingerprinted (if possible) at the Police Department.
- The arrestee shall not be permitted to sign the summons.
- The arrestee shall be incarcerated at the Jefferson County jail. The jail personnel will assume responsibility for releasing the subject when the arrestee is no longer intoxicated.
- Testing for Alcohol or Drugs
- When a person has been arrested on probable cause indicating that he/she has been driving under the influence of alcohol or drugs or driving while ability impaired, an agent shall request that a test of the person's breath or blood be made for the purpose of determining the alcoholic content of the person's breath or blood. Forms and procedures for documentation of this request and subsequent testing shall be completed per Colorado expressed consent statutes and Department of Revenue procedures.
- If such person is unable to take, or to complete, or to cooperate in completing of a breath test because of injuries, illness, or physical incapacity, or if such person is receiving medical treatment at a hospital, the test will be of such person's blood.
PP-9114 - Breath Testing for Blood Alcohol Content