Information on the Cincinnati Police Department (CPD)
If you were arrested for any felony, misdemeanor or OVI crime by a law enforcement officer with the Cincinnati Police Department (CPD), then contact an experienced criminal defense attorney at Joslyn Law Firm. We also help clients with an outstanding warrant initiated by the Cincinnati Police Department.
Our attorneys represent clients throughout the greater Cincinnati area and the surrounding areas of Hamilton County, OH. Call for a free consultation to discuss your case.
Cincinnati Police Department's OVI Enforcement Efforts
According to the policy statement of the CPD which was last revised on February 5, 2015:
The Cincinnati Police Department (CPD) will aggressively engage in OVI enforcement. Officers will properly preserve and prepare evidence for all OVI court cases. The Police Department will work with the community to help develop and participate in preventative programs relating to OVI enforcement. Each police district has a testing site.
The standard operating procedures of the Cincinnati Police Department provide that any officer making an arrest for OVI must establish reasonable grounds for the initial stop. An officer observing an operator commit a traffic violation or any reasonable investigation are examples of a basis for a stop.
The officer must then establish probable cause to arrest for OVI before administering any Blood Alcohol Concentration (BAC) Test. The officers are trained to Administer Standardized Field Sobriety Testing (SFSE) at the roadside prior to arrest when possible.
The Breath Testing Program for CPD
District Commanders must designate a supervisor with a valid breath testing permit responsible for the care and security of the testing site. Traffic Unit is responsible for the care, maintenance, and instrument checks of the breath testing instrument. The CPD Traffic Unit will perform an instrument check on the breath testing instrument once every seven days.
The Cincinnati Police Department has set out certain standard operating prosecutors for administering the Breath Testing for Blood Alcohol Concentration (BAC). First, unless the arresting officer is qualified to administer the breath test, the arresting officer must request a certified breath test instrument operator respond to the appropriate testing site.
At the time of the arrest, the officer is suppose to:
- read the person the Miranda Warning; and
- advise the person of their right to make a telephone call at the time of arrest.
The officer should document the reading of Miranda on the Form 495, Cincinnati Police Department Intoxication Report, in the Arrest Information section.
CPD officers are training to obtain a breath, urine, or blood test within three hours of the violation which is the last operation of a vehicle. The three hour time limit applies to chemical tests taken under ORC Section 4511.19(A)(1)(a).
The order of testing for Blood Alcohol Concentration (BAC) is either breath, urine or blood. If the person arrested is being treated for injuries at a hospital in Cincinnati, then blood testing is the preferred test because a urine or breath test would not be practical.
CPD Procedures for Breath Testing
The breath testing instrument operator will conduct all testing and processing according to the Ohio Administrative Code Sections 3701.53.01-10 and Ohio Revised Code (ORC) Sections 4511.19 and 4511.191. Additionally, the breath testing instrument operator is trained to ensure the breath testing instrument is functioning properly and the testing site log book is in proper order.
For breath testing, the arresting officer or the breath testing instrument operator must observe the subject for 20 minutes or more before administering the breath test to ensure that the subject has not ingested anything orally.
RFI on the Breath Testing Instrument
An internal radio frequency interference (RFI) detector protects the breath testing instrument from radio interference. Radio interference inside the testing site may set off the RFI detector. If the RFI detector activates during a breath test, the operator is required to start the testing process over from the beginning. This does not excuse the arrested from the responsibility of giving an additional breath sample.
Also, according to the CPD Standard Operating Procedures, the failure to give an adequate breath sample (deficient sample) is considered a refusal.
The breath test operator is not suppose to attempt a third test on the breath testing instrument if the RFI detector activates a second time. instead, the subject is suppose to be transported to another testing site. If there is not enough time to transport the subject to a new site, the officer is suppose to request a urine sample.
When the Breath Testing Instrument Malfunctions
A breath test operator with the Cincinnati Police Department is suppose to remove the breath testing instrument from service if the operator encountering a problem which creates doubt as to the breath testing instrument's accuracy or renders the breath testing instrument inoperable.
When removing the breath test instrument from service, the breath testing instrument operator will make a blotter entry noting the reason for removing the breath testing instrument from service and notify the shift Officer In Charge (OIC). The shift OIC will notify the Traffic Unit as soon as possible, but no later than the Traffic Unit's next working day.
The instrument operator will complete a Form HEA2652, State of Ohio Test Report, breath test record, and testing site log book entry whenever the breath testing instrument is operated or placed in operation, even if the arrested refuses the test.
For refusals, the officer will complete the Form HEA2652 and check the "Refusal" block. All refusals, instrument checks, breath, urine and blood tests should be recorded in the testing site logbook. All logbook entries must be in numerical order according to the OVI number on the Form 495. If an entry needs to be deleted in the testing site logbook, draw a single line through the item and notify Traffic Unit of the deletion. Notify Traffic Unit of any irregularities involving the testing site logbook.
Reading of the ALS
The ALS contains all rights, penalties, and appeals concerning driving privileges. The arresting officer, in the presence of a witness, must read and show the offender the back side of the form regarding the "Consequences of Test and Refusal." The arrested must have the opportunity to sign the form. If the arrested refuses, mark the “Refused to Sign” box. If the offender is unable due to injury, the form will still be read to the offender and write "Unable" on the signature line.
Time lines imposed under Ohio's implied consent statute, rules and regulations include:
- The three hour time limit to obtain a chemical test does not extend the two hour time limit for the reading of the ALS.
- Reading of the ALS must occur within two hours from the time of the alleged violation.
- Once the ALS is read and shown to the arrested, failure to submit to a chemical test within three hours of the alleged violation constitutes a refusal to submit to testing.
Cincinnati Police Department - As the primary law enforcement agency for the City of Cincinnati, the Cincinnati Police Department (CPD) provides law enforcement services to 52 neighborhoods. CPD employs approximately 1,000 sworn officers and 125 civilian employees. CPD is led by the Police Chief. The law enforcement operations of CPD are divided among three Bureaus: Patrol, Investigations and Support.
Operating a Vehicle Under the Influence (OVI): Processing & Arrest, 12.235 (Revised 02/05/15) - Visit the website of the City of Cincinnati to find the Cincinnati Police Department Procedure Manual. The manual provides an official guide outlining the way to do many of the routine operations which confront the Cincinnati Police Department.
Arrest by the Cincinnati Police Department
If you were arrested by the Cincinnati Police Department then contact a criminal defense attorney by Joslyn Law Firm. Our skilled Cincinnati OVI defense attorneys fight these charges aggressively to help our client obtain the best possible result in the case. Call us for any felony or misdemeanor charges or if you have an outstanding warrant for your arrest.
Let us put our experience to work for you. Call today to discuss your case.
This article was last updated on Monday, November 23, 2015.