Kate Toomey Accident Raises Questions About Police Procedures and Oversight

What Is Worcester Police Policy When Impairment Is Suspected?

The Worcester Police Department has a specific written procedure for investigating drivers suspected of operating under the influence.

WPD Policy and Procedure No. 635, “Operating Under the Influence – Arrest and Processing Procedures,” took effect March 13, 2026. The policy states that it applies to “all cases involving suspected impaired drivers.” Its stated purposes include helping officers determine whether someone can safely operate a vehicle and helping establish probable cause for an OUI charge.

When are field sobriety tests given?

The key word in the policy is “suspected.”

For alcohol, WPD policy says a motor vehicle operator suspected of operating under the influence “should be afforded the opportunity” to perform three Standardized Field Sobriety Tests when it is safe and feasible to do so. The tests are to be performed in this order:

1. Horizontal Gaze Nystagmus — an officer observes the eyes for involuntary jerking and other clues associated with impairment.
2. Walk and Turn — the driver is instructed to walk heel-to-toe, turn and return.
3. One Leg Stand — the driver is instructed to stand on one leg while following the officer’s directions.

The policy says officers should use these tests to assess the level of impairment and help establish probable cause. Drivers suspected of impairment by drugs should be given the same three tests when feasible and safe, although WPD refers to them as a “roadside assessment” for report-writing purposes.

What about a roadside breath test?

WPD’s policy distinguishes a Preliminary Breath Test, or PBT, from the evidentiary breath test administered after an arrest.

Policy 635 says that, whenever possible, an investigating officer should administer a PBT as part of the roadside field sobriety testing. The officer must be trained to administer it, the PBT is used as the last test in the field sobriety sequence, and it can only be administered with the driver’s consent.

The officer must document the test or refusal, and if an arrest follows, the use or refusal of the PBT and its results must be included in the arrest report.

When does an arrest become mandatory under WPD policy?

The standard changes once an officer determines there is probable cause to believe a driver is under the influence of alcohol or drugs.

Policy 635 states that when probable cause exists, the operator “shall be placed under arrest.” The investigating officer must notify a supervisor, and an officer equipped with a body-worn camera is required to activate it at the earliest point of the OUI investigation in accordance with WPD’s body-camera policy.

The policy also says an impaired motorist cannot simply be taken to the Worcester Police Department and placed into protective custody instead of being arrested when probable cause for OUI exists.

Is the Breathalyzer given at the accident scene?

Not necessarily. WPD’s policy distinguishes the roadside PBT from the evidentiary breath test used following an OUI arrest.

When someone arrested for OUI involving alcohol is brought directly to the Worcester Police Department, the driver is advised of applicable statutory rights and asked to submit to a breath test to determine blood-alcohol concentration. Only an officer currently certified to operate the breath-testing instrument may administer the test. The result — or a refusal or inability to complete the test — must be documented in the arrest report.

Police Chief Paul Saucier has also said Worcester officers do not carry portable Breathalyzer machines and that the department’s alcohol-testing system is located at the police station.

What if the driver is taken to the hospital?

Policy 635 contains a separate procedure when police have probable cause to believe a driver is impaired but the person is first transported to a medical facility because of illness or injury.

The investigating officer must go to the medical facility and determine how long the person is expected to remain there. A supervisor then determines, based on the facts of the case and information gathered by the investigating officer, whether the person will be arrested or receive a criminal summons.

If an operator is arrested for OUI-alcohol at the hospital, the policy says the person is informed of applicable statutory rights and asked to submit to a blood test to determine blood-alcohol concentration.

Does an accident at midnight automatically require sobriety testing?

No such automatic requirement appears in WPD Policy 635.

The policy does not say that involvement in an accident, being on the road late at night, or having recently been at a restaurant automatically requires field sobriety testing. Instead, its testing procedures apply once an operator is suspected of operating under the influence.

That distinction is important in the discussion surrounding City Councilor Kate Toomey’s accident. The department’s internal investigation is examining the officers’ response and whether departmental policies were followed and preferential treatment was provided. Police Chief Paul Saucier has said he could not discuss why responding officers did not suspect impairment or conduct sobriety testing until that investigation is complete.

In other words, the unresolved question is not simply ‘Why wasn’t a sobriety test given?’ It is whether the circumstances and observations available to the responding officers should have caused them to suspect impairment and proceed further under WPD’s OUI policy. That is among the issues being scrutinized; the existence of an internal investigation by itself does not establish that the officers violated the policy.

Read Worcester Police Policy 635 — OUI Arrest and Processing Procedures

Worcester Police Department Policies & Procedures