DWI Witness Test Procedures

I. PURPOSE

This policy establishes standards for the Charlotte-Mecklenburg Police Department’s (CMPD’s) intoxilyzer testing witness procedures.

II. POLICY

The CMPD will comply with N.C.G.S. § 20-16.2 by advising individuals that they have the right to contact an attorney for advice and to select a witness to observe the testing procedures.

III. DEFINITIONS

Intox EC/IR® II: An evidentiary instrument authorized by the North Carolina Department of Health and Human Services (NC DHHS) to determine the amount of alcohol in a person’s breath. The Intox EC/IR® II measures blood alcohol concentration (BAC) using both electrochemical (EC) and infrared (IR) sensor technologies to analyze breath samples.

IV. PROCEDURE

• Arrestees may contact an attorney or request the presence of a witness to observe the Intox EC/IR® II test.
  1. Witnesses under the age of eighteen (18) will not be admitted to observe the test.
  2. If an arrestee requests a witness to observe the test, the arresting officer must request a secondary officer to respond to CMPD Headquarters to assist with witness coordination and supervision to ensure the arresting officer maintains continuous observation of the arrestee.
  3. Witnesses must arrive within thirty (30) minutes of receiving notification that testing is to occur. Testing will not be delayed beyond thirty (30) minutes to accommodate witness arrival as outlined in N.C.G.S. § 20-16.2.
     • If the arresting officer has not been informed of the witness’s arrival within the allotted time frame, the arresting or secondary officer will contact the CMPD Headquarters security desk by phone to confirm whether the witness has arrived.
     • If the witness’s arrival cannot be verified by phone, the secondary officer will check in person.
• Witness Arrival and Entry
  1. Witnesses must enter through the CMPD Headquarters front entrance, located between the main building and the parking deck. The CMPD will have signage posted outside the facility to direct witnesses upon their arrival.
     • Upon arrival, witnesses must:
       1. Press the call box button located outside the entrance.
       2. Await instructions from CMPD Headquarters security personnel to be granted entry.
     • All persons desiring to enter CMPD Headquarters beyond the screening point must undergo security screening conducted by CMPD security personnel. Screening includes:
       1. Passing through a magnetometer (metal detector).
       2. X-ray screening of personal belongings.
       3. A physical search.
       4. Additional examination of items determined to be suspicious.
     • Prohibited items include, but are not limited to:
       1. Guns of any kind, firearms, or ammunition (e.g., BB guns, compressed air guns, gun or firearm parts, etc.)
       2. Sharpe objects (e.g., Knives, box cutters, scissors, razor blades, etc.)
       3. Explosive materials (e.g., Fireworks, blasting caps, pyrotechnics, etc.)
       4. Sporting goods (e.g., bat, golf club, hockey stick, etc.)
       5. Self-defense items (e.g., brass knuckles, self-defense sprays, nightsticks, etc.)
       6. Flammable item (e.g., Aerosols, fuels, lighter fluid)
       7. All other items as deemed by the CMPD
     • Any witness who refuses the security screening will be denied entry into CMPD Headquarters.
     • The CMPD reserves the right to deny or revoke access to any person whose behavior poses a safety or security concern.
     • A CMPD employee must escort the witness for the duration of the visit.
  2. Witness Observation Procedures
     • After clearing security, witnesses will be logged as visitors and escorted to the testing area.
     • The arresting officer or a designated sworn escort will:
       1. Admit witnesses to the testing room.
       2. Be responsible for the safety of witnesses.
       3. Ensure witnesses remain in the testing room throughout the procedure.
     • The Intox EC/IR® II testing rooms are equipped with audio and video recording systems. All testing procedures and any activities occurring within the testing rooms are recorded.
     • Witnesses are expected to observe quietly and not disrupt testing.
     • Photography, video, or audio recording is not permitted inside CMPD Headquarters without prior written approval from the Public Affairs Division. Witnesses violating this rule will be asked to stop; refusal may result in removal from the facility.
  3. Upon completion of the Intox EC/IR® II test, witnesses will be escorted back to the lobby by a designated CMPD employee and out of the facility, exiting the building through the same entrance by which they arrived.
  4. Administrative Review
     • A review of witness observation of intoxilyzer testing will be conducted by the CMPD every two (2) years.

V. REFERENCES