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Home My WebLink AboutR&R 102.01B NEW 3-2017_DWI-DUI102.01 B — Driving While Intoxicated or Under the Influence Effective. 3/5/2017 Revised: Replaces: I. Guiding PhilosophX Firefighters know and have seen first-hand the tragic consequences of impaired driving. Because of this shared experience, and to uphold our promise to protect life and property, we will do our best to effectively manage the use and/or influence of alcohol and drugs that cause impairment. II. Purpose The purpose of this policy is to define expectations, responsibilities and consequences relative to the uniform management of cases where BFR members are either arrested or cited for driving while intoxicated or driving under the influence. III. Goals The goals of this policy are to: A. Communicate departmental expectations for members related to the use of alcohol and/or drugs. B. Describe the responsibilities of department members related to driving while impaired, driving while intoxicated or driving under the influence. C. Communicate consequences associated with driving while impaired, driving while intoxicated or driving while under the influence. IV. Definitions A. Aggravating Factors — Any facts regarding the circumstances surrounding an accident, injury or exposure that may increase responsibility for the occurrence. B. Change in Status — For the purpose of this policy, any time a member's previously valid driver's license is suspended, revoked, or expired. C. DWI/DUI-related Charges — Any arrest or citation received by a BFR member as a result of his/her alleged violation of the driving while intoxicated/driving under the influence laws in Texas or any other State, or Open Container laws. D. Employee Assistance Program (EAP) — Program designed to help employees whose job performance is adversely affected by personal problems, drug abuse, alcoholism, etc. E. Illegal Drug — Controlled substance and/or any drug which is: 1. Not legally obtainable; 2. Legally obtainable but has not been legally obtained. (includes prescribed drugs not legally obtained and prescribed drugs not being used for prescribed purposes) F. Impaired Driving — Driving a vehicle when a person is unfit to safely operate a motor vehicle because of the influence of alcohol, or a drug that causes a deterioration of an individual's mental faculties and/or a decrease in his/her physical abilities. Examples may include, but are not limited to: 1. Slurred speech 2. Unsteady walking or movement 3. Decreased level of attention/inability to concentrate 4. Slower reaction times 5. Drowsy and/or disoriented feelings 6. Difficulty judging distances and making decisions G. Intoxication — Reference Texas Penal Code, Title 10, Chapter 49, Section 49.01(2)(A)(B). H. Legal Drug — Prescribed drugs and over-the-counter drugs which have been legally obtained and are being used for the purpose and frequency for which they have been prescribed or manufactured. L Mitigating Factors — Any facts regarding the circumstances surrounding an accident, injury or exposure that may decrease responsibility for the occurrence. J. Possession of Alcoholic Beverage in Motor Vehicle (Open Container Law) — Reference Texas Penal Code, Title 10, Chapter 49, Section 49.031(l)(2)(A)(B)(C). K. Under the Influence — State of intoxication resulting from drugs, alcohol or a combination of drugs and alcohol. R&R 102.01 B — Driving While Intoxicated or Under the Influence Page 2 of 6 V. Expectations A. BFR members who choose to drink alcoholic beverages while off-duty are expected to drink them in a responsible manner. Know your limits. If there is any chance that you may be impaired, do not drive. Err on the side of caution. Keep yourself and others safe. 2. Do not allow others to drink alcohol in a vehicle that you are operating or are a passenger in. (Open Container Law) B. BFR members will not use illegal drugs under any circumstances. C. BFR members will not use synthetic marijuana or any such natural or man-made product(s), alone or in combination, for the purpose of becoming intoxicated. D. BFR members are expected to use prescribed legal drugs and over-the-counter medications responsibly. Be aware of the side effects that you experience with the medicines that you take. Members who are taking, prescribed or over-the-counter medications that cause them to be impaired should not drive, be assigned to standby, or report from off-duty for emergency response operations. 2. Never take medication that has been prescribed to someone else. If you need medication, see a doctor. 3. Use over-the-counter drugs for their stated purpose and according to the manufacturer's or your doctor's recommendation only. E. If you think that you may have a drug or alcohol problem: 1. Talk to someone you trust (family, friends, coworkers). 2. Seek help before a tragic mistake is made (contact the EAP or a treatment provider of your choice). A Responsibilities A. Member Responsibilities Conform to State civil service law, local civil service and department rules and regulations related to the responsible use of alcohol and/or drugs. 2. Adhere to the expectations stated in Section V of this policy. R&R 102.01 B — Driving While Intoxicated or Under the Influence Page 3 of 6 Report the following to the on -duty Operations Deputy Chief within 24 hours of occurrence (call Fire -EMS Communications if the Deputy Chief does not answer): a. If cited or arrested for driving while intoxicated or driving under the influence. b. If your license has been suspended due to a DWI/DUI. B. Dispatchers, supervisors & Section Chiefs are responsible for immediately forwarding reports relating to DWI/DUI through their chain of command (up to and including the Fire Chief). C. Fire Chief's Responsibilities I. When a report is received, direct the Planning Section Chief to initiate a professional standards investigation. 2. After receiving recommendation from the Disciplinary Review Board (DRB), review case file, DRB recommendation and provide final disposition. 3. Follow up as required based on final disposition. D. Investigator(s) & Disciplinary Review Board (DRB) members are responsible for following SOG 702.02 Complaint, Inquiry, Investigation, & Adjudication/ Discipline Process. VII. Consequences A. Retraining, referral to the Employee Assistance Program (EAP), or required attendance at a drug or alcohol treatment program are examples of remedial corrective action, and are not discipline. Remedial corrective actions may be recommended in conjunction with discipline. 2. As a minimum, retraining will consist of successful completion and documentation of an on-line defensive driving course. B. Members should be aware discipline can be imposed when violations of civil service law and/or rules, or department rules, regulations or guidelines are sustained, regardless of the disposition of alleged criminal charges. C. Violations and corresponding discipline are indicated in Appendix A. D. Mitigating and aggravating factors are those which would cause employees to deviate, in an exaggerated manner, from normal driving behavior. In these cases, R&R 102.01 B — Driving While Intoxicated or Under the Influence Page 4 of 6 the factors involved will be considered by the Investigator, and the Disciplinary Review Board (DRB). If the DRB determine that sufficient cause exists, these factors may be cited to recommend corrective actions and/or discipline outside of the established discipline levels. 2. Deviation from normal disciplinary levels will be the exception to the rule and will be limited to rare and unusual situations. 3. If the DRB uses aggravating or mitigating factors to deviate, they shall provide written explanation to the Fire Chief. E. Per civil service law, suspensions in excess of 15 days are offered at the discretion of the Fire Chief, and are not subject to appeal. Any offers that are refused will revert to indefinite suspension. R&R 102.01 B — Driving While Intoxicated or Under the Influence Page 5 of 6 Appendix A. — Consequence Matrix: DWI/DUI Consequence Matrix: DWI/DUI Violations (Per civil service law, suspensions are in calendar days) *Maximum consequence is up to and including indefinite suspension, based on the circumstances of the occurrence. Life Safety & Property Damage Consequence: Consequence: Severity Scale First Offense Second Offense Death or severe injury, regardless of property Indefinite Suspension n/a damage Injury requiring hospitalization, regardless 90 day Suspension Indefinite Suspension of property damage Minor injury, regardless of 60 day Suspension Indefinite Suspension property damage No injury with property 30 day Suspension Indefinite Suspension damage No injury, no property 15 day Suspension Indefinite Suspension damage Failure to report a DWI/DUI citation or arrest +15 day Suspension Indefinite Suspension (aggravating factor) R&R 102.01 B — Driving While Intoxicated or Under the Influence Page 6 of 6