DUI Traffic Stops, Chapter 11, Law Enforcement Academy
Terms in this set (99)
National Highway Traffic Safety Administration (NHSTA)
Their course uses the term driving while intoxicated or impaired (DWI) and it uses the term Standardized Field Sobriety Tests (SFSTs)
DUI: The Problem
Each year, tens of thousands of people die in traffic crashes. Some estimates indicate that about 25% of drivers occasionally drive while under the influence, and the offenders actually commit the offense an average of 80 times per year. Impaired drivers are more likely than other drivers to take excessive risks and have slowed reaction times; they are also less likely to wear seatbelts.
Factors that impair drivers
- Alcohol or drug intake
- Medical conditions
- Mental or physical disabilities
The ultimate goal with DUIs
To reduce the number of impaired drivers through prevention, education, and deterrence
Promises the ultimate, lasting solution to the DUI problem
An essential component of the solution. Law enforcement must not only enforce the DUI laws but take the time to educate the public through schools, civic groups, and special events.
Part of the solution and is based upon the driving public's fear of being arrested.
Legal consequences of a DUI
Monetary fines, imprisonment, and a temporary or permanent loss of driving privileges.
Keys to successful deterrence
- Skill at detecting DUI
- Willingness to arrest every DUI violator who is detected
- Increase in DUI enforcement activity
A central nervous system depressant. It is the most abused drug in the United States. It is the active ingredient in beer, wine, whiskey, and liquors. Its effect on the body includes the loss of fine motor skills, hand/eye coordination, and judgement.
The process by which alcohol enters the bloodstream. The absorption rate of alcohol varies based on many factors, including the person's weight and gender, whether and how much food he or she has eaten, and the alcohol concentration of the substances consumed.
The process by which the bloodstream carries alcohol to the body's tissues and organs.
The biological process by which the body breaks alcohol down into compounds that are eliminated.
When the body expels alcohol through exhaled breath, sweat, tears, saliva, and urine. The average alcohol elimination rate of humans is .015 grams of alcohol per 100 millimeters of blood per hour.
Level of impairment
Depends on how much alcohol they consume, the length of time over which they consume it, the gender and physical size of the person, and whether or not the person has eaten.
Blood alcohol concentration (BAC) or breath alcohol concentration (BrAC)
A limit at which a person is presumed impaired and cannot legally operate a vehicle; s. 316.193, f.s. establishes that limit is at 0.08 BAC.
Is expressed in terms of grams of alcohol in every 100 millimeters of blood
Is expressed as grams of alcohol per 210 liters of breath
Refers to a person who is driving, who has driven, or who is in actual physical control of a vehicle while impaired by alcohol or certain substances that adversely affect the auditory, visual, or mental process.
Actual physical control
A person who is physically in, on, or around the vehicle and has the capability to operate the vehicle.
Howard vs. State
Established that vehicles could also include bicycles, scooters, ATVs, go-carts, golf carts, and mopeds.
Within the state
Includes anywhere in Florida; roadways, or public or private property. A person can be arrested for a DUI even though he or she never drove on a road.
Include the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and normally perform the mental or physical acts of daily life.
Berkemer v. McCarty
This case established that a law enforcement officer is not required to administer Miranda warnings during a traffic stop in which the officer temporarily detains a motorists to ask a few brief questions and issue a citation.
Standardized Field Sobriety Tests
Are a series of standardized, validated psychological tests given by law enforcement to determine chemical impairment. Miranda warnings are not required for these tests
Field sobriety tests that measure a person's ability to perform both mental and physical tasks simultaneously.
s. 316.1932, f.s.
This standard states that any person with a drivers license has consented to submit any chemical or physical test to determine the alcohol content or the presence of a controlled substance in their breath, blood, or urine once they are lawfully arrested for committing an offense while driving.
Florida law requires a lawfully arrested driver of a vehicle to take any breath, blood, or urine test requested by a LEO. This can be read by a LEO, CO, or certified breath test operator.
s. 316.1934, f.s.
A blood alcohol level greater than .05 and less than .08 does not mean that the driver was under the influence to the degree that impaired their faculties. Other factors would need to be considered such as, driving pattern, personal contact, and standardized field sobriety tests to presume that their faculties were impaired. The jury should presume their faculties are impaired if their alcohol concentration was .08 or higher.
Administering the breath test
Only a certified Breath Test Operator can give this to an arrested driver. If the alcohol concentration was .08 or higher, complete a DUI citation. If the results are below a .08, complete a uniform traffic citation. If the person refuses the test, complete a DUI citation and mark the box for "Refusal."
If the results of a test is below .08 and you have PC to believe that person is impaired by substances other than alcohol, you should request a urine test. This test may determine if drugs are in the person's system and are possibly causing the impairment.
Blood test criteria
- Reasonable cause that individual was under the influence of alcohol or a chemical controlled substance
- Breath test was impractical or impossible to give
- The person is at a medical facility for treatment
All blood draws of these tests must be conducted at a medical facility. If they refuse, they should be read the Implied Consent Warning and asked again to do the test. A person suspected of a DUI who kills or seriously injures others is required to submit this test.
Must complete this in conjunction with a DUI citation if the person refuses to submit a chemical test. The DHSMV provides these to law enforcement agencies. You must complete this form, notarize it, and forward it to DHSMV as part of the DUI arrest report.
Refusal to submit to testing
It is a first degree misdemeanor if a person is placed under lawful arrest and refuses to submit to a lawfully requested test of his or her breath/urine/ blood and has had their license suspended before for refusing to submit to a lawful test.
Commercial driver DUI
Any driver in violation of this section must be placed out-of-service immediately for 24 hours. If a driver is arrested or in possession for a controlled substance, he or she may be subject to the loss of their CDL for one year. This also applies to drivers with a alcohol concentration of .04 or higher.
DUI investigation process
- Conduct the SFSTs
-Follow arrest procedures
- Administer the chemical or physical tests
- Complete the necessary documentation
DUI violations for drivers under 21
If the alcohol concentration is at or above .02, or if that person refuses to submit to a breath test, their driver's license privilege will be suspended. The driver is not arrested but is subject to administrative penalties, even if they provide a sample over a .08. Take the driver's license and issue a Notice of Suspension; after issuing a Notice of Suspension and release the driver.
Portable breath test
These devices may not be used for DUI arrests, but they may be sued for violations such as drivers under 21 or for commercial motor vehicle enforcement when there is insufficient evidence of DUI.
This citation is not only a charging document, it is also required to authorize DHSMV to suspend the person's driving privilege. If the person has an alcohol concentration of .08 or above, or refuses chemical testing, seize his or her driver's license and attach it to the blue or transmittal copy of the citation.
DUI detection process
The entire process of identifying and gathering evidence to determine if a person should be arrested for a DUI offense. The process begins when a LEO first suspects that an individual may be DUI and ends when that LEO determines whether there is sufficient PC to arrest the person for DUI.
Phase One: Vehicle in motion
Observation of the driver operating the vehicle
Phase Two: Personal contact
After the vehicle stops, there usually is an opportunity to observe and speak with the driver face-to-face.
Phase Three: Pre-arrest screening
Administration of some structured SFSTs to the driver to determine impairment
3 DUI Outcomes
Yes-Do it now; Wait-look for additional evidence, No-Don't do it
Three field sobriety tests
- Horizontal Gaze Nystagmus (HGN)
- Walk-and-Turn (WAT)
- One-Leg Stand (OLS)
Any substance that when taken into the human body, can impair a person's ability to operate a vehicle safely
Seven categories of drugs
1. Central Nervous System Depressants (alcohol, antidepressants, and barbiturates)
2. CNS Stimulants (amphetamines and cocaine)
3. Hallucinogens (ecstasy, LSD, psilocybin)
4. Dissociative Anesthetics (PCP)
5. Narcotic Analgesics (heroin, morphine, opium)
6. Inhalants (Laughing gas, paint thinner)
7. Cannabis (marijuana)
Using drugs from two or more drug categories simultaneously.
Neither drug produces an indicator of drug impairment.
One drug affects some indicator of impairment, and the other drug has no effect whatsoever on that indicator.
Drugs from two categories both affect some indicator of impairment in the same way, and these effects reinforce each other when combined
Drugs from two categories may produce some effects that are exactly the opposite, but, in combination, the effects are difficult to predict.
Drug Recognition Experts (DRE)
Specially trained and certified in investigations involving drug-impaired drivers.
The ability to concentrate on two or more tasks at the same time
Visual cues to DUI
The common effects of alcohol on the driver's mental and physical faculties lead to predictable driving violations and vehicle operating characteristics. These include: slowed reactions, impaired judgement, impaired vision, poor coordination
A reminder, prompt or a signal to do something, take enforcement action or observe the vehicle more closely.
Visual cue descriptions
1. Problem maintaining proper lane position
2. Speed and breaking problems
3. Vigilance problems
4. Judgement problems
5. Post-stop cues
6. Visual detection of DUI motorcycles
Problems maintaining proper lane position
- weaving across lane lines
- straddling a lane line
- turning with wide radius
- almost striking object or vehicle
Speed and braking problems
- stopping problems
- accelerating or decelerating rapidly
- varying speed
- slow speed
- driving in opposing lanes or wrong way on a one-way street
- slow response to traffic signals
- slow or failure to respond to officer's signals
- stopping in lane for no apparent reason
- driving without headlights
- failure to signal or signal inconsistent with action
- following too closely
- improper or unsafe lane change
- illegal or improper turn
- driving on other than a designated roadway
- stopping inappropriately in response to an officer
- inappropriate or unusual behavior
- appearing to be impaired
Visual detection of DUI motorcycles
- excellent cues: 50% or greater probability that the driver is impaired
- good cues: 30-50% probability that the driver is impaired
Additional evidence of DUI during the stopping sequence
-an attempt to flee
-a slow response
-a sudden stop
- no response
- an abrupt swerve
- striking the curb or another object
First task in Phase Two
A face-to-face observation and interview of the driver to determine if the driver may be impaired.
Three choices during Phase Two
- Have the driver exit
- Continue to interview the driver while observing for additional evidence
- Conclude the interview if you don't observe any impairment
DUI Detection Phase Two
Comprises two major evidence gathering tasks and one major decision. The first task is to approach, observe, and interview the driver while he or she is still in the vehicle to note any evidence of impairment
Something that leads to the solution of a problem, such as a fingerprint or DNA evidence. Use sight, smell, and hearing to help detect. These are also the behaviors observed during the performance of the standardized field sobriety tests.
DUI clues detectable by sight
- bloodshot eyes
- soiled clothing
- fumbling fingers
- alcohol containers
- drugs or drug paraphernalia
- bruises, bumps, or scratches
- unusual actions
DUI clues detectable by hearing
- slurred speech
- admission of drinking
- inconsistent responses
- abusive language
- unusual statements
DUI clues detectable by smell
- alcoholic beverages
- cover up odors like breath sprays
- cigarette or cigar
Medical conditions that mimic impairment
Check for a medical alert card or medical restrictions on the DL, or look for a medic alert ID bracelet. Some examples of the conditions that cause suspicious driving include: epilepsy, diabetes, injury to the head, or cognitive problems. A diabetic driver's behavior can seem impaired when sugar levels are too high and their breath can emit an odor similar to alcoholic beverages. If the their pupils are unequal, eyes are jerking at resting nystagmus, or their eyes do not equally track then it may be signs of this...
The ability of the eyes to track together when a person tries to follow a stimulus moving side-to-side. The driver may have a medical condition if the eyes do not track together.
First pre-exit interview stage technique
Asking for two things in one request, is requesting that the driver produce both the driver's license and the vehicle registration
Second pre-exit interview stage technique
Asking interrupting or distracting questions, forces the driver to divide attention between searching for the license or registration and answering a new question.
Third pre-exit interview stage technique
Asking unusual questions, after you have obtained the driver's license and registration. Unusual questions require the driver to process information; this can be especially difficult when the driver does not expect to have to process information.
Additional pre-exit tests
Alphabet, count down, finger count
Phase Three: Pre-Arrest Screening
The major decision in this phase is whether to arrest the driver for DUI. The task is to administer the standardized and validated psychophysical tests (describes a person's ability to perform both mental and physical tasks simultaneously during the SFSTs). The LEO must decide whether there is PC to arrest the driver for DUI.
Three choices during Phase Three
Arrest the driver for DUI, administer additional field sobriety tests, or release the driver because no impairment is observed
An involuntary jerking of the eyes, which can be caused by the use of alcohol and certain other drugs
Three general categories of nystagmus
- vestibular nystagmus
- neurological nystagmus
- pathological nystagmus
Vestibular nystagmus (inner ear)
An involuntary jerking of the eyes caused by movement or action to the vestibular system. Examples: rotational nystagmus, post-rotational nystagmus, caloric nystagmus, positional alcohol nystagmus
An involuntary jerking of the eyes (looking straight ahead) caused by a disruption of the central nervous system. Examples: Optokinetic nystagmus, Physiological nystagmus, and gaze nystagmus
occurs when the eyes fixate on an object that suddenly moves out of sight, or when the eyes watch sharply contrasting moving images.
is a natural nystagmus that keeps the sensory cells of the eye from tiring. most common type of nystagmus(neurological). generally too small to see by the naked eye.
occurs as the eyes are focused on a stimulus and move from the center position. Gaze Nystagmus is separated into three types.
3 types of Gaze Nystagmus
Horizontal, Vertical, Pathological Nystagmus
is an involuntary jerking of the eyes as they look straight ahead (neurological nystagmus). PCP can cause this.
Horizontal gaze nystagmus
An involuntary jerking occuring as the eyes move toward the side. It has 6 clues for the SFST and 4 out of 6 to believe that the driver's BAC is .08 or above.
Vertical gaze nystagmus
Involuntary jerking of the eyes (up and down) which occurs when the eyes gaze upward at maximum elevation. This is associated with high doses of alcohol and other drugs. If this is present and HGN is not then there might be a medical problem.
An involuntary jerking of the eyes which can occur as a result of brain tumors, other brain damage, or some diseases of the inner ear
Overview of psychophysical tests
These tests focus on the abilities needed for safe driving: balance, coordination, and information processing. The most significant tests are Walk-and-Turn and One-Leg Stand
Begins with the arrest of the offender and ends when the offender is incarcerated or released to a responsible third party. Waiting 20 minutes makes it reasonably sure that any breath sample provided by the person does not contain residual mouth alcohol
Consists of a instructions stage: initial positioning and instructions, and a walking stage: demonstrations and instructions. It has 8 clues, but only 2 are needed to believe the person is at or above a .08.
Walk-and-Turn test interpretation
The following behaviors are likely in someone with a BAC above .08:
- cannot keep balance (instructions stage)
- starts too soon (instructions stage)
- stops while walking
- does not touch heel-to-toe
- steps off the line
- uses arms to balance
- improper turn
- incorrect number of steps
Consists of a instructions stage: initial positioning and verbal instructions, and a balance and counting stage: demonstrations and instructions.
Field notes on One-Leg Stand testing
- puts the foot down
- uses arms to balance
- sways while balancing
DUI field notes
Most often handwritten, and provide the information necessary to establish the evidence and elements of the offense. These also help you complete required DUI report forms and support successful prosecution of the driver. These will be used to refresh your memory, write the arrest report, and testify in court.
Narrative of the DUI arrest report
It should be organized around the total sequence of events, beginning at the first observation of the offender, continuing through the arrest, and ending with the incarceration or release of the person. It should include Phase One, Phase Two, Phase Three, and the Post Arrest: Breath Testing and Processing
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