Sworn officers must be alert for signs of alcohol and/or drug impairment in all contacts with motorists and make every effort to detect and apprehend them. After conducting an initial examination at the scene of the traffic contact and upon determining that probable cause to arrest is present, officers will arrest the subject.

If any person other than the driver is injured in a crash where the driver may be impaired, see General Order 630.01 Criminal Vehicular Operation.

Chemical test(s) will be offered in accordance with state and local requirements.

DUI Detection and Pre-Arrest Screening:

Officers are expected to conduct a thorough and complete investigation to obtain all possible evidence concerning the subjects impairment. Officers should perform the following steps:

  1. Recognize and identify specific driving behaviors that have a high probability that the driver may be impaired by alcohol and/or drugs.
  2. Recognize and identify behaviors occurring during vehicle stops that provide evidence/suspicion that the driver may be impaired, (i.e. slurred speech, poor muscle control, dilation of eyes, odor of alcoholic beverage, etc.) Based on reasonable articulable suspicion, request the driver to exit the vehicle for further investigation.
  3. Note all observations leading to the suspicion that the driver may be impaired.
  4. Move to a safe location to conduct field sobriety tests.

      A.  Officers shall not conduct interviews or field sobriety tests in the space between the patrol vehicle and the suspects vehicle.

  5. Use standardized field sobriety tests to assess impairment (i.e., horizontal gaze nystagmus, one-leg stand, and / or 9 step walk and turn).

  6.  Preliminary Screening Test (PBT)

      A.       A  peace officer may require a driver to submit to a preliminary screening test (PBT) when the officer has reasonable articulable suspicion (Knapp v. Commr of Public Safety. 594 N.W. 2d 239 (Minn. Ct. App. 1999) that a person is, or has been,     driving, operating, controlling, or acting upon departure from a motor vehicle that the driver is in violation of Driving While Impaired ( 169A.20).

  •            The same legal standard is used to test for consumption offenses with any amount of alcohol which include:
  •         B-Card Restriction any use of alcohol invalidates license (171.09)
  •         Driving a school bus or Head Start bus (169A.31)
  •          Underage Drinking and Driving (169A.33)

7. Testing

     A. Breath Test is the preferred method for testing for alcohol impairment.

  • Implied Consent Advisory

      a.       It can only be invoked when there is probable cause to believe the person is driving, operating, or controlling a motor vehicle while under the influence of alcohol

      b.      The officer should read the Implied Consent Advisory and request a breath test. If the suspect refuses the breath test, the suspect should be charged with test refusal, do not offer any additional tests. 

      c.       Must be audio recorded and retained as evidence in accordance with General Order 424.01.

      d.      The Implied Consent Advisory will not be read or completed:

               a.       In cases of a CVO/CVH, implied consent will not be read. See General Order 630.01.

               b.      When obtaining blood and/or urine sample.  If a controlled substance is suspected, blood or urine will be required.

     B. Blood and/or urine test

  • Commonly requested of driver with suspected drug impairment, when the circumstances do not allow a breath test, or the driver is medically unable to provide a breath test. 
  • The Implied Consent Advisory will not be read or completed.
  • The officer may ask the suspect to consent to a urine or blood test making it clear the process is voluntary and that the suspect does not have to comply. This should be audio recorded and retained as evidence in accordance with General Order 424.01.

      a.       If the suspect consents, obtain the sample.

      b.      If the suspect refuses, apply for a search warrant and obtain the sample as directed by the warrant.

      c.       Do not fill out any implied consent paperwork or issue notice of revocation.

DUI Check List:

 Determine the Number of Aggravating Factors Defined as:

  1. A qualified prior impaired driving incident within ten (10) years immediately preceding the current offense.
  2. An alcohol concentration of 0.16 or more as measured at the time, or within two hours of the time, of the offense.
  3. A child under the age of 16 in the motor vehicle at the time of the offense if the child is more than 36 months younger than the offender.

Suspect Driver - Not Hospitalized (on view arrest, citizens arrest or probable cause):

If any person other than the driver is injured in a crash where the driver may be impaired, see General Order 630.01 Criminal Vehicular Operation.

No Aggravating Factors Complete the Following:

  1. SPPD Alcohol and Drug Influence Report
  2. Implied Consent Report (breath test only)
  3. State of Minnesota Notice and Order of Revocation (breath test only)
  4. Plate impoundment for an alcohol concentration of 0.16 or more. (breath test only)  
  5. Issue the driver a tag for DUI and traffic charges.  If a breath test was given and results are over .08% then issue tag for 4th Degree DUI and any traffic charges.

One Aggravating Factor Complete the Following:

  1. SPPD Alcohol and Drug Influence Report
  2. Implied Consent Report (breath test only)
  3. State of Minnesota Notice and Order of Revocation (breath test only)
  4. Plate Impoundment Report
  5. Do note issue a tag but book the driver for 3rd degree DUI and hold the vehicle for traffic and accident.

Two or More Aggravating Factors Complete the Following:

  1. SPPD Alcohol and Drug Influence Report
  2. Implied Consent Report (breath test only)
  3. State of Minnesota Notice and Order of Revocation (breath test only)
  4. Plate Impoundment Report
  5. Do not issue a tag but book the driver for 2nd degree DUI and hold the vehicle for traffic and accident.
  6. Do not issue seizure notice as department policy G.O. 439.17 does not allow for forfeiture.

Three or More Prior DUI Convictions Complete the Following:

  1. SPPD Alcohol and Drug Influence Report
  2. Implied Consent Report (breath test only)
  3. State of Minnesota Notice and Order of Revocation (breath test only)
  4. Plate Impoundment Report
  5. Vehicle Forfeiture Form. (The Vehicle Forfeiture Form should only be filled out if the vehicle registers to the driver or constructive ownership can be established.) See G.O. 439.17 for details.
  6. Do not issue a tag but book the driver for 1st degree DUI and hold the vehicle for traffic and accident.

Paperwork and Other Conditions:

Suspect Driver Refuses a Breath Test Complete the Following:

  1. SPPD Alcohol and Drug Influence Report
  2. Implied Consent Report
  3. State of Minnesota Notice and Order of Revocation
  4. Complete the Plate Impoundment Report
  5. Vehicle Forfeiture Form, if the refusal is 1st degree DUI.  The vehicle forfeiture form should only be filled out if the vehicle registers to the driver or constructive ownership can be established. See G.O. 439.17 for details.
  6. Book the driver for refusal to test based upon the aggravating factors listed:

       a.       No Aggravating Factors:

                 i.      Book the driver for 3rd degree DUI Refusal (Minnesota Statute 169A.26, subdivision 1b).

        b.      One or More Aggravating Factors:

                  i.      Book the driver for 2nd degree DUI Refusal (Minnesota Statute 169A.25, subdivision 1b).

          c.       Prior Felony Conviction for DUI or Impaired Criminal Vehicular Operation:

                    i.      Book the driver for 1st degree DUI Refusal (Minnesota Statute 169A.24, subdivision 1).

Suspect Driver Refuses Blood or Urine Test Complete the Following:

  1. SPPD Property Report for blood and urine sample.
  2. SPPD Alcohol and Drug Influence Report
  3. Complete the Plate Impoundment Report if there is one or more aggravating factor listed above.
  4. Vehicle Forfeiture Form for 1st degree DUI.  The vehicle forfeiture form should only be filled out if the vehicle registers to the driver or constructive ownership can be established. See G.O. 439.17 for details.
  5. Do not charge the suspect with refusal. Book the driver based upon the aggravating factors listed:

      a.       No Aggravating Factors:

                i.      Book the driver for 4th degree DUI

      b.      One or More Aggravating Factors:

                i.      Book the driver for 3rd degree DUI

      c.       Two or More Aggravating Factors:

                 i.      Book the driver for 2nd degree DUI

      d.      Prior Felony Conviction for DUI or Impaired Criminal Vehicular Operation:

                i.      Book the driver for 1st degree DUI

Suspect Driver- Hospitalized -Conscious:

If any person other than the driver is injured in a crash where the driver may be impaired, see General Order 630.01 Criminal Vehicular Operation. If the only injured person is the driver, then follow the blood and urine test procedures listed above.

Suspect Driver -Hospitalized -Unconscious:

If any person other than the driver is injured in a crash where the driver may be impaired, see General Order 630.01 Criminal Vehicular Operation. If the only injured person is the driver, then:

  1. Apply for a search warrant and obtain a blood sample as directed by the warrant.

Suspect Driver - In Crash - No Police Witness and No Citizen's Arrest (driver at or near scene):

  1.   Does probable cause exist that person was DUI and was involved in crash?

        a.  If YES: Complete reports based upon total number of aggravating factors / convictions / refusals listed above.

        b.  If NO: Complete crash report and supplement reports describing details and circumstances surrounding the crash.

Suspect Driver - In Crash Causing Great Bodily Harm or a Death to Another.  See General Order 630.01 (CVO / CVH):

 Revised December 31, 2015

Last Edited: March 21, 2017