Review the offender’s driver’s abstract. If the DUI WOULD NOT constitute a FELONY, charge as a local ordnance. If the offense would constitute a felony the DUI MUST BE CHARGED STATE, even if felony charges were not approved or sought
Examples of Felony DUI’s
Third or subsequent DUI
Second Violation with passenger under the age of 16
DUI committed while driving a school bus carrying one or more persons under 18
DUI committed while driving a vehicle for-hire carrying one or more passengers
DUI resulting in great bodily harm, permanent disability or disfigurement
Second or subsequent DUI committed while transporting a child under age 16
DUI committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child
DUI committed without a valid driver’s license (Not Valid for Any Reason)
DUI committed without vehicle liability insurance
DUI committed after a previous conviction for reckless homicide while DUI or Aggravated DUI involving a death
DUI committed in a school zone while the restricted speed limit is in effect and involved in a crash that resulted in bodily harm
DUI committed while revoked or suspended for DUI, reckless homicide or leaving the scene of a personal injury or death
DUI resulting in a death
Write DUI citation (MUST BE HAND WRITTEN)
Fill out the Read the Warning to Motorist to the offender. The offender does not need to understand the warning it just has to be read. (If entire event happened on private property DO NOT READ THE WARNING, DO NOT ISSUE A SWORN RPEORT)
Conduct the minimum 20 minute observation period. During this time, remain within close proximity of the offender. During the observation period the subject shall be deprived of alcohol and foreign substances and shall not have vomited. Ensure that the subject does not belch or regurgitate prior to testing. If the subject vomits during the observation period, the process shall be started over by having the individual rinse the oral cavity with water.
Have the subject submit to chemical testing. Always start with a breath test. Instruct the offender to blow (don’t ask – just go to the Intox EC/IR-II with the subject, they can refuse there). If the offender provides a breath sample of <.080 AND THEIR BrAC DOES NOT MATCH THEIR IMPAIRMENT, REQUEST A DRE AND HAVE THE OFFENDER PROVIDE A URINE SAMPLE (urine collection kits are in the cabinet next to the Intox EC/IR-II). The officer must witness the offender provide a urine sample.
Note: The arresting officer has discretion to determine whether a subject will be required to submit a breath, blood, and/or urine sample for testing. The arresting officer or BAO shall deem a subject who fails to submit to a requested test or additional testing to have refused testing. When a subject has submitted an insufficient sample or otherwise failed to adequately complete a requested test or tests, the arresting officer or BAO has discretion to determine if the subject: 1) has refused testing; or 2) will be required to undergo additional testing.
Issue additional DUI citations if applicable i.e.: 625 ILCS 5/11-501(a)(1).
Complete booking information and processing.
If the offender provides a breath sample of >.080 BrAC, complete and issue the Sworn Report. If the offender provides a sample of <.080 DO NOT issue the sworn report. If the offender provides a blood or urine sample, DO NOT issue the sworn report. Complete the sworn report, leave the notice date, result check boxes, method served check boxes and officer signature date blank. Forward the sworn report to traffic pending lab results.
Complete and issue all additional traffic citations.
Read the Miranda Warning and conduct an interview of the offender.
If the offense is a FELONY, contact the felony review hotline.
For Kane County and Local DUI’s, bond the arrestee directly on the tickets. For Cook County complete appropriate bond form (D-Bond/I-Bond). Bond for subject with valid DL = DL + $100 USC. Bond for subject without valid DL = $300 USC (according to Illinois Supreme Court Rule 501(d) and Rule 526, a valid TVDL can be used to post bond).
NOTE: If sending a misdemeanor of local ordnance DUI to bond call.
If DUI involves accident, include DUI Personnel Time Report
Mail “Police Officer Sent to Secretary of State” copy of sworn report utilizing pre-addressed green envelope.