Anatomy Of An Arrest - Drink Drive
Different arrests have different requirements for processing. People often ask me “What takes so long” when I say I can be 5 hours off the streets dealing with an arrest for something simple like a shoplifter, so I’ve decided to write a series of posts breaking down typical types of arrests, to give an insight into what we have to do.
My most recent arrest was a drink driver, so with that fresh in my mind, here are a set of typical circumstances, with timeline, for dealing with such a deviant.
Usually, some sort of moving traffic offence occurs which requires a vehicle to be stopped. Whilst talking to the driver, form the opinion that he has been drinking and request a car with a breath test kit to meet up with us. It is very rare that we have a kit with us as they are like hens teeth, so typically we have to ask for one. Average wait, 15 minutes. Perform roadside procedure, 5 minutes, which he fails, so arrest and sit in back of car. PNC checks show car to be uninsured so seize vehicle and request removal. The ETA for recovery truck is always “within 30 minutes” but somehow (and I’ve never managed to figure out how), it’s always practically dead on 30 minutes when they arrive (usually 2 minutes late to be honest). Removal of vehicle 5-10 minutes.
Ok, so there’s an hour gone already, and we haven’t even moved yet! (all works in the drunk drivers favour). Then it’s the drive to the custody suite. Usually 10 minutes as ours is some distance away. The bonus with taking in a drink driver is that you get to jump the queue in the holding cell, as we want to get them on the evidential breath test machine as soon as possible. Let’s say the average wait in custody holding cell therefore is a meagre 10 minutes. Then we’re before the Sergeant. The booking in process then takes on average 20 minutes. That is, me relaying the reason for the arrest and the circumstances of the offence, then the custody Sergeant obtaining their personal details and booking them on to the computer (creating a custody record), giving them their rights, taking and booking in all of their property.
At this point I can now start the evidential breath test procedure. Bear in mind that it may well be over an hour and a half since the initial arrest. The procedure will take about 20 minutes, so that brings us up to a round 2 hours. It is very very rare that I have ever taken a drink driver in who has turned out to blow under the limit, and given the extra wait from arrest to evidence, this just goes to show how drunk they actually were when they were initially stopped.
Now, the legal limit is 35 microgrammes of alcohol in 100 millilitres of breath. If the person blows between 40 and 50 (i.e. over the limit but not hugely) then there is a statutory option available to them to obtain blood samples instead (which are more accurate). This will add at least another hour onto the process to call out a doctor and have 2 blood samples taken, but this is also a rare occurence for me - in fact, I’ve never gone to blood, so I will stick with my most common example.
We’re at 2 hours now, and happy to charge (blown over 50 on the machine). There is no requirement to interview for drink driving generally, so that makes for a speedier arrest process. I can finally leave the detained person in the hands of the custody staff who will take his fingerprints, photograph and DNA. It’s off to the computers (sometimes there is a bit of a wait to get one as there are only 4, yet most arrests are conducted by 2 officers - each wanting their own computer), and there are 20 cells, most of which are usually full). Luckily, most of my drink drive arrests are on nights,which means that most prisoners have already been dealt with and are sleeping overnight. On nights, the computers are generally free.
A drink drive file is fairly straightforward to prepare thankfully. A statement from me detailing the initial traffic stop, my belief he’d been drinking, my performing of the roadside breath test, the arrest and caution, what happened next (i.e. transportation to custody suite, were handcuffs used and if so why, booking in etc) then finally the full evidential breath test procedure and what was said during it will also have to go in my statement. It will take a good half an hour at least to type that up. All of the forms the evidential procedure generated now need scanning onto the system (along with my printed and signed statement) and attaching to the file. Additionally there are all of the standard MG (Manual of Guidance) forms to complete for the file.
Another bonus with drink drivers is that the CPS do not have to be involved in the charging process. So no lengthy telephone calls to CPS Direct to add in here either. Let’s say that it’s taken an hour and a quarter to prepare the whole court file, which is good going really. My pocket notebook needs bringing up to date now though. You pretty much have to write out your entire statement in your notebook. It can be trimmed and abbreviated, so that makes it a bit quicker to complete, but it still needs all the pertinent information in it. Let’s say this takes 15 minutes, and that’s on a good day where everything went swimmingly