What Happens to a Police Officer Cited for DUI?

Earlier this year, two (2) off-duty Phoenix Police Department Officers were arrested only a few weeks apart for driving under the influence.  According to Surprise Police Spokesman Sergeant Mark Ortega, on February 18th, Detective Cameron Scadden was stopped for DUI.  After being stopped, Detective Scadden was transported to the Surprise Police Department where he submitted to DUI testing which resulted in a BAC of 0.107 and .111.  Detective Scadden was not arrested at that time.  Instead, Detective Scadden received a citation for misdemeanor DUI and was then released to a Lieutenant with the Phoenix Police Department.

On March 5th, Phoenix Police Sergeant John Flanagan was stopped for DUI while off-duty near Greenway and Litchfield Roads.  Sergeant Flanagan was also transported to the Surprise Police Department where he submitted to a blood draw and a breath test.  The blood draw result was 0.170 and the breath test result was 0.178: both considered an extreme DUI.  According to Sergeant Ortega, Sergeant Flanagan was not arrested but was released to a Phoenix Police Lieutenant.

Sergeant Ortega said neither Officer received preferential treatment: “Citing and releasing for DUI is common practice, not just with our department, but many departments. You have a criteria that has to be met before you can do that.” This criteria, according to Sergeant Ortega, includes looking at the behavior and cooperation level of the Officer, the Officer’s DUI history, whether the Officer might be a flight risk, and whether there is a responsible party the Officer can be released to.  Finally, Sergeant Ortega said “In both cases, the vehicles were impounded so there wasn’t a threat of them getting back in and driving.”  According to Fox news, both Officers were placed on desk duty pending the results of the DUI investigation.  Once the Officers cases go through the Court system, the department’s Professional Standards Bureau will decide whether and what disciplinary action to take against the Officers.

Unfortunately, it is not uncommon for off-duty Police Officers to be arrested for DUI.  When an Officer is arrested for DUI, generally, the department will place the Officer on desk duty or administrative leave and then wait to take further disciplinary action against the Officer until the Officer’s Court case is finalized.  If the Officer is convicted of DUI, in addition to receiving penalties imposed by the Judge, the Officer may face disciplinary action up to dismissal from the department.

If you have been arrested for DUI, contact the Phoenix Arizona DUI lawyers at the DUI law office Oracle Law Group Office P.C.