Detox (Incapacitated or Intoxicated)

Policy: Detox (Incapacitated or Intoxicated) 

Author: Chief Joseph M. Hallman

WILEAG Standard: N/A

Issue Date: March 5, 2004

Reviewed Date: March 19, 2026

Revised Date: March 19, 2026

 

Purpose:

The purpose of this policy is to ensure the uniform handling of all cases involving incapacitated and intoxicated subjects (DETOX).

Policy:

Wisconsin law defines an incapacitated person as “a person who is unconscious or has his/her judgment otherwise so impaired that he/she is incapable of making a rational decision from the use of or withdrawal from alcohol.”  Signs of incapacitation include, but not limited to, extreme physical debilitation, physical harm, or threats of harm to him/herself or to any other person or property.  Wis. Stat §51.45(11)(b) provides that “a person who appears to incapacitated by alcohol shall be placed under protective custody by a law enforcement officer.

Definitions:

  1. Intoxicated Person- a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol.
  2. Incapacitated Person- a person who is unconscious or has his/her judgment otherwise so impaired that he/she is incapable of making a rational decision from the use of or withdrawal from alcohol.

Procedures:

  1. The officer’s role under Wis. Stat §51.45 is essentially limited to taking the intoxicated person home, or where appropriate, to taking the person into protective custody and transporting the person to a treatment facility. Protective custody is NOT an arrest.
  2. Authority granted under Wis. Stat §51.45 shall be applied in a manner consistent with the intent of the Alcoholism & Intoxication Treatment Act and with the objectives of the police department.
    1. Officers acting in compliance with Wis. Stat §51.45 are acting in the course of their official duty and are not criminally or civilly liable for false imprisonment.
    2. An officer who encounters a person who is “incapacitated by alcohol” has a statutory responsibility to take that person into protective custody and bring the person to an approved public treatment facility for treatment.
    3. In an encounter with an intoxicated or incapacitated person, whether on sight or call response, officers should give consideration to the following to determine if the person’s behavior and/or condition objectively evidences extreme physical debilitation or physical harm or threats of harm to himself/herself, or to any other person or property as set out below:
      1. The inability to stand without assistance.
      2. Manner of walking; staggering, falling, wobbling, etc.
      3. Presence of vomit, urination or defecation on clothing.
      4. Dilation of eyes, flushed complexion, alcohol odor on breath.
      5. The inability to understand and coherently respond to questions asked; name, age, address, etc.
      6. Delirium tremens (sweating, trembling, anxiety, hallucinations).
      7. Unconsciousness.
        1. This alone constitutes sufficient evidence of extreme physical debilitation if it is apparent that the condition is related to alcohol consumption.
        2. Unconsciousness, even when the individual has consumed alcohol, may be caused by other factors; diabetic shock for example.
      8. Walking into streets or intersections oblivious to flow of traffic.
      9. Sleeping on the street, parking lot or gutter where the person may be hit by a motor vehicle.
      10. Sleeping on the sidewalk where the person may be subject to being robbed, assaulted, or molested.
      11. Anger or hostility expressed towards individuals present.
      12. Threats of harm/damage to persons or property.
  3. When taking an individual into protective custody, the person should be handcuffed and searched.  Any weapons or other items that may be used to harm the person or others should be seized by the responding officer.  This search should be conducted prior to transporting the person, whether by ambulance or police vehicle.
  4. Once the police officer determines that the individual should be taken into protective custody, the individual will be transported to Southwest Health Center by ambulance or police vehicle for a medical evaluation.
  5. If the individual is not medically stable, the person may be admitted to Southwest Health Center.  If the only concern is the alcohol level, the hospital staff may release the individual when the patient can be released without further police intervention.
  6. If and when the subject is found to be medically stable, as determined by a medical professional, and the hospital is advising the subject cannot stay any longer, the responding officer may use discretion in determining if the subject can be turned over to a sober responsible party, over the age of eighteen and/or contacting the student’s emergency contact found in PASS or a legal guardian to come take responsibility for the subject.
  7. Procedures for individuals 17 years of age and younger
    1. The above procedure will be followed.
    2. The parents/guardian of the individual should be contacted.
  8. Written Reports and Required Statements

a.       Whenever an officer has contact with, and provides assistance to, an intoxicated person or an incapacitated person, or takes any action within his/her authority when in contact with these persons, a case number shall be obtained and an Incident Report completed.

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