61 - Traffic Safety - 2019 - Laserfiche WebLink

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61 – Traffic Safety Policy & Procedure Page 10 of 19 jurisdiction). Officers should be aware that arrest should be a priority for this offense. Refer to the Department policy 72A – Booking Procedures for procedures when handling persons charged with operating under the influence. [61.1.11] d. The Department will ensure that officers are trained in all aspects of driving under the influence of alcohol or drug enforcement procedures, and will cooperate fully with other agencies and community groups to reduce and control this problem. e. The following conditions shall also be met regarding those arrested for driving under the influence of alcohol (also see departmental policy 72A – Booking Procedures): i. BREATH TEST OPERATION: A breath test shall be administered by a trained and certified operator. Examinations shall be according to departmental procedure and Massachusetts’ law on persons arrested for operating a motor vehicle under the influence of intoxicating liquor. A blood alcohol reading of .05% or below mandates that the arrestee shall be released from custody forthwith. If the reading is .06% or .07% there shall be no presumption of intoxication and the arrest and booking process shall continue. If the reading is .08% or above there shall be a presumption that the person is under the influence of intoxicating liquor. ii. BREATH TESTS FOR PERSONS UNDER 21: When dealing with a person under 21 years of age, the blood alcohol content threshold remains the same as for an adult. Additionally, if a person under the age of 21 has a reading of .02% or higher, his/her driver’s license shall be taken by the arresting officer and the right to operate subjected to an administrative suspension by the Registry. As with an operator age 21 or older, he/she must be released when the reading is.05% or below. If the operator is a juvenile, see the Department policy 44B - Handling Youthful Offenders. iii. BREATH TESTS FOR CDL: When dealing with a person who has a CDL (Commercial Driving License) operating a CDL vehicle, and said person has a reading of .04%, this shall be sufficient to establish a violation of operating under the influence of alcohol. Said persons license shall be taken by the arresting officer, and said person shall be processed according to law. iv. BLOOD ALCOHOL TESTS: Blood alcohol tests shall conform Department guidelines as well as M.G.L. c. 263, s. 5A, which states: “A person held in custody at a police station or other place of detention, charged with operating a motor vehicle while under the influence of intoxicating liquor, shall have the right, at his request and at his expense, to be examined immediately by a physician selected by him. The police official in charge of such station or place of detention, or his designee, shall inform him of such right immediately upon being booked, and shall afford him a