In today's climate, I too as a supervisor would not allow a pursuit of a DUI or as minor traffic offense unless they seriously injure or killed someone. Think about it, radio chatter "he's going 100 mph, all over the road, just ran a red light, nearly hit a car and then wham, the drunk creams a car and kills someone. Not me losing my job and potentially being sent to jail by the state prosecutor! I can see the ASA now, Sgt, weren't you aware of the driver's danger and driving during this pursuit? I know it sounds pussyish, but rest assured, it's not like it used to be where we'd chase them till the wheels fell off the take them to north arundel.
III. PURSUIT AUTHORIZATION
A. When Pursuit is Authorized
Vehicular pursuit is authorized when a suspect uses a vehicle to flee from apprehension for:
1. Homicide or attempted homicide;
2. Robbery or attempted robbery;
3. Burglary or breaking and entering or attempts to commit either;
4. Arson or attempted arson;
5. Rape or attempted rape;
6. First degree assault or attempted first degree assault;
7. Carjacking or attempted carjacking;
8. Kidnapping/abduction or attempted kidnapping/abduction;
9. A hit-and-run traffic accident resulting in death or serious injury.
10. Driving while intoxicated or under the influence of alcohol or drugs, where the suspect’s driving prior to
the attempted stop is so flagrantly reckless that he/she presents a clear and present danger to other users of
the roadway, and failure to apprehend the violator would likely pose an imminent and life threatening
danger to the public. (Covert/detective vehicles of any type are excluded from pursuits in this situation)
NOTE: Examples of such flagrantly reckless driving include, but are not limited to, major collisions with
other vehicles or objects, forcing other vehicles to take evasive action to avoid collision, failure to stop at
controlled intersections without slowing, or driving wrong side of the road.
Responses