MCIPACO 5560.1
3 APR 2013
3-1 Enclosure (1)
Chapter 3
Police Traffic Supervision
1. Military Police Patrol and Investigative Activities. Per reference (o),
the maintenance of order and discipline of SOFA personnel, regardless of
location in Japan, is a function of USFJ law enforcing agencies. The GOJ has
agreed that USFJ law enforcement personnel, in the course of maintaining
order and discipline, will have access to such public areas as public streets
and highways, railroad stations, public entertainment buildings and areas,
and public recreation areas, provided that such law enforcement personnel
will not interfere substantially with the performance of business of any
individual. The sole mission of such patrol activities will be to maintain
order and discipline among SOFA personnel.
2. Alcohol and Drug Countermeasures. Enforcement will include measures for
detection, apprehension, and testing of personnel who are suspected of DUI of
alcohol or drugs. These measures will include employment of special patrols
during periods when DUI violations most frequently occur.
a. Detection and Apprehension. Law enforcement personnel normally
detect drunk driving violators by observing unusual, abnormal, or illegal
driving behavior. Drivers exhibiting such behavior will be stopped
immediately to determine the cause of the behavior. Any person suspected of
DUI will have their SOFA license confiscated by Law Enforcement personnel.
b. Testing. Under the Implied Consent policy of this Order, any person
who operates a motor vehicle is deemed to have given their consent to
chemical tests of breath, blood, and/or urine. Such testing will be
conducted in accordance with reference (b).
3. Refusal. With the exception of the provisions of paragraph 1a(9) of
Chapter 4, if a person suspected of DUI refuses the request of law
enforcement personnel to submit to a chemical test, none will be given. When
requesting consent for a chemical test, law enforcement personnel shall warn
the suspect that refusal to submit to a chemical test will result in the
revocation of driving privileges for three years. All persons may also be
advised that they do not have the right to have an attorney present before
stating whether they will submit to a test or during the administration of
the test. If such person refuses to submit to or fails to complete a
chemical test, law enforcement personnel will complete a sworn statement that
the officer had reasonable cause to believe:
a. That the suspect had been driving or was in physical control of a
motor vehicle; and
b. At the time driving, the suspect was under the influence of alcohol
or drugs; and
c. That the suspect refused to submit to or failed to complete a
chemical test after being requested to do so.
4. Sworn Statement. Upon receipt of the sworn statement, the Traffic Court
Officer hearing the case shall take action in accordance with reference (i).