GENERAL ORDERS LINCOLN POLICE DEPARTMENT
SUBJECT: TRAFFIC OPERATIONS
TITLE: IMPAIRED DRIVING
EFFECTIVE DATE: JUNE 1, 2025
REVISION DATE:
ACCREDITATION: ALABAMA ASSOCIATION OF CHIEFS OF POLICE (AACOP)
APPROVAL: CHIEF DARREN E. BRITTON
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IMPAIRED DRIVING
503.1 PURPOSE AND SCOPE
This policy provides guidance to those department members who play a role in the detection and investigation of driving while under the influence (DUI).
503.2 POLICY
The Lincoln Police Department is committed to the safety of the roadways and the community and will pursue fair but aggressive enforcement of Alabama's impaired driving laws.
503.3 INVESTIGATIONS
Officers should not enforce DUI laws to the exclusion of their other duties unless specifically assigned to DUI enforcement. All officers are expected to enforce these laws with due diligence.
The Uniform Supervisor will develop and maintain, in consultation with the prosecuting attorney, report forms with appropriate checklists to assist investigating officers in documenting relevant information and maximizing efficiency. Any DUI investigation should be documented using these forms. Information that should be documented includes, at a minimum:
(a) The field sobriety tests (FSTs) administered and the results.
(b) The officer's observations that indicate impairment on the part of the individual, and the officer's health-related inquiries that may help to identify any serious health concerns (e.g., diabetic shock).
(c) Sources of additional information (e.g., reporting party, witnesses) and their observations.
(d) Information about any audio and/or video recording of the individual's driving or subsequent actions.
(e) The location and time frame of the individual's vehicle operation and how this was determined.
(f) Any prior related convictions in Alabama or another jurisdiction.
503.4 FIELD TESTS
The Uniform Supervisor should identify standardized FSTs and any approved alternate tests for officers to use when investigating violations of DUI laws.
503.5 CHEMICAL TESTS
A person implies consent under Alabama law to a chemical test or tests, and to providing the associated chemical sample, as follows:
(a) A test of the person's blood, breath, or oral fluid for the presence of an impairing substance when an officer has probable cause to believe the arrested person was operating a vehicle in violation of Ala. Code § 32-5A-191 (Ala. Code § 32-5-192).
(b) A test of the person's blood for the presence of an impairing substance when an officer has probable cause to believe that the person was operating a vehicle while impaired and involved in a crash that resulted in death or a serious physical injury to any person (Ala. Code § 32-5-200).
(c) A test of the person's blood, breath, and/or oral fluid for any impairing substance when an officer has probable cause to believe that the person was driving a commercial motor vehicle (CMV) while impaired, or the person was involved in a crash that resulted in death or physical injury requiring hospitalization or emergency medical treatment (Ala. Code § 32-6-49.13).
If a person withdraws this implied consent, or is unable to withdraw consent (e.g., the person is unconscious), the officer should consider implied consent revoked and proceed as though the person has refused to provide a chemical sample.
503.5.1 STATUTORY NOTIFICATIONS
Prior to the administration of a chemical test, the officer shall inform the person of the penalties for violation of Implied Consent. If the person was operating a commercial motor vehicle, the person shall be informed that refusal to submit to a test will carry further penalties pursuant to current CMV regulations.
503.5.2 BREATH SAMPLES
The Alabama Department of Forensic Sciences (ADFS) is responsible for ensuring that all devices used for the collection and analysis of breath samples are properly serviced and tested and that a record of such service and testing is properly maintained.
Officers obtaining a breath sample should monitor the device for any sign of malfunction. Any anomalies or equipment failures should be noted in the appropriate report and promptly reported to ADFS.
503.5.3 BLOOD SAMPLES
Only persons authorized by law to draw blood shall collect blood samples (Ala. Code § 32-5A-194). The blood draw should be witnessed by the assigned officer. No officer, even if properly certified, should perform this task.
Officers should inform an arrestee that if he/she chooses to provide a blood sample, a separate sample can be collected for alternate testing. Unless medical personnel object, two samples should be collected and retained as evidence, so long as only one puncture is required.
The blood sample shall be packaged, marked, handled, stored and transported as required by the testing facility.
If an arrestee cannot submit to a blood draw because he/she has a bleeding disorder or has taken medication that inhibits coagulation, he/she shall not be required to take a blood test. Such inability to take a blood test shall not be considered a refusal. However, that arrestee may be required to complete another available and viable test.
503.6 REFUSALS
When an arrestee refuses to provide a chemical sample, officers:
(a) Shall advise the arrestee of the requirement to provide a sample (Ala. Code § 32-5-192; Ala. Code § 32-5-200; Ala. Code § 32-6-49.13).
(b) Should audio- and/or video-record the admonishment and the response when it is practicable.
(c) Should document the refusal in the appropriate report.
(d) Shall prepare a sworn report (AST-60) to be forwarded to the Alabama Law Enforcement Agency (ALEA) that certifies a test was requested and that either the person refused to submit to testing or that the test disclosed a prohibited alcohol concentration (Ala. Code § 32-5-192; Ala. Code § 32-6-49.13).
503.6.1 CHEMICAL TEST WITHOUT CONSENT
A chemical test may be obtained from an arrestee who refuses when a court order has been obtained (Ala. Code § 32-5-200; Ala. Code § 32-5-192).
503.6.2 FORCED BLOOD SAMPLE
If an arrestee indicates by word or action that he/she will physically resist a blood draw, the officer should request a supervisor to respond.
The responding supervisor should:
(a) Evaluate whether using force to obtain a blood sample is appropriate under the circumstances.
(b) Ensure that all attempts to obtain a blood sample through force cease if the person agrees to, and completes, a viable form of testing in a timely manner.
(c) Advise the person of his/her duty to provide a sample (even if this advisement was previously done by another officer), and attempt to persuade the individual to submit to providing such a sample without physical resistance.
This dialogue should be recorded on audio and/or video when practicable.
(d) Ensure that the blood sample is taken in a medically approved manner.
(e) Ensure that the forced blood draw is recorded on audio and/or video when practicable.
(f) Monitor and ensure that the type and level of force applied appears reasonable under the circumstances:
Unless otherwise provided in a warrant, force should generally be limited to handcuffing or similar restraint methods.
In misdemeanor cases, if the arrestee becomes violent or more resistant, no additional force will be used and a refusal should be noted in the report.
In felony cases, force which reasonably appears necessary to overcome the resistance to the blood draw may be permitted.
(g) Ensure the use of force and methods used to accomplish the collection of the blood sample are documented in the related report.
If a supervisor is unavailable, officers are expected to use sound judgment and perform the duties of a supervisor, as set forth above.
503.7 ARREST AND INVESTIGATION
An officer who arrests a suspect for violating the DUI laws of this state shall not release the suspect from custody until the percent of the weight of alcohol in his/her blood is 0.00 g/ml.
If the suspect has been arrested for DUI controlled substance, the suspect should be placed on a 12-hour hold and only released when evidence of drug impairment has dissipated.
All suspects arrested for DUI who refuse to submit to chemical testing (blood, breath, or oral fluid) shall be held for 24 hours from the time of the arrest.
503.8 CENTRAL RECORDS CLERK RESPONSIBILITIES
The Central Records Clerk will ensure that all case-related records are transmitted according to current records procedures and as required by the prosecuting attorney's office.
503.9 ADMINISTRATIVE HEARINGS
The Central Records Clerk will ensure that all appropriate reports and documents related to administrative license suspensions are reviewed and forwarded to ALEA.
Any officer who receives notice of required attendance at an administrative license suspension hearing should promptly notify the prosecuting attorney.
An officer called to testify at an administrative hearing should document the hearing date and the ALEA file number in a supplemental report. Specific details of the hearing generally should not be included in the report unless errors, additional evidence or witnesses are identified.
503.10 JAIL PLACEMENT OF DUI IMPAIRED
Individuals who have been arrested while impaired must be accommodated in a cell situated on the ground level of the municipal jail. Under no circumstances should these prisoners be granted a cell on the second-floor tier of the cell blocks.
The shift supervisor or on-duty correctional officer is accountable for monitoring these individuals for any potential safety hazards.
These policies and operating procedures are not designed to cover every possible scenario or situation in society, but rather to define standard operating procedures for members of the Lincoln Police Department. These guidelines are subject to past, present and future judicial review. These guidelines can be amended and or repealed by the Chief of Police as necessary. The policies and procedures herein provided supersede all previous policies and orders.
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