OVI/DUI/DWI DETECTION & LEGAL PENALTIES/COSTS
AN INTRODUCTION Who I am. . . Who are the other important figures in the process. . . What type of court is this. . . Where do my rights to be free from searches and seizures come from. . .
AN INTRODUCTION � � DEFENSE ATTORNEY (Everyone Here Has a Right to an Attorney) � Arresting Officer – Prosecutor – Judge – Jury – Probation Officer � Mayor’s Court – Municipal Court – Court of Common Pleas � Bill of Rights & the Fourth Amendment � RIGHT TO BE FREE FROM UNREASONABLE SEARCHES & SEIZURES
PART I: Building a Case Against You � Phase One: � Vehicle in Motion. � Phase Two: � Face to Face Observations & Interview with the Driver. � Phase Three: � Psychophysical Field Sobriety Testing.
VEHICLE IN MOTION � � INITIAL OBSERVATIONS OF VEHICLE OPERATION � � OFFICER WILL ASK HIMSELF: Should I stop this vehicle? � � If yes, He will observe the stopping sequence. � � Task One: OBSERVING VEHICLE IN MOTION (V-1). � � Task Two: OBSERVING SUSPECT RESPONSE TO SIGNAL TO STOP(V-1).
A Common Exception: A Checkpoint Stop � A sobriety checkpoint is a roadblock set up by law enforcement officers in order to stop every or a subset of vehicles (every third, etc.) passing through the checkpoint. � Yes, they are constitutional if properly executed. � National Traffic Safety Administration (NHTSA) published recommended procedures. � Effective? Not measurable. � Can you avoid them? You cannot violate any laws, such as making a prohibited U-Turn.
Video of a Vehicle in Motion: Look for Cues
OBSERVATION & INTERVIEW � PROBLEMS MAINTAINING LANE POSITION � Weaving– Drifting – Swerving – Straddling Line – Almost Striking Object or Vehicle – Turning With Wide Radius � SPEED AND BRAKING PROBLEMS � Problems Stopping (Too Far, Too Short, Too Jerky) – Varying Speeds Slow Speed- Accelerating or Decelerating Rapidly � VIGILANCE PROBLEMS � No Headlights- Fail to Signal- Wrong Way – Stopping in Lane For No Apparent Reason – Slow or Failure to Respond to Signal � JUDGMENT PROBLEMS � Following Too Closely– Illegal Turns– Inappropriate Behavior – Appearing to be Intoxicated - Driving on other than Designated Roadway
OBSERVE RESPONSE TO SIGNAL TO STOP � THE STOPPING SEQUENCE � An Attempt to Flee- No Response – Abrupt Actions – Sudden Stop � POST STOP CUES � Difficulty with Motor Vehicle Controls � Difficulty Exiting the Vehicle � Repeating Questions or Comments � Slurred Speech � Odor of Alcoholic Beverage from the Driver � Provide Incorrect Information � Swaying, Unsteady or Balance Problems � Fumbling With Driver’s License or Registration � Leaning on Vehicle
PHASE TWO: PERSONAL CONTACT � TASK ONE: � Observation and Interview of Driver (Inside of Car) � SIGHT � HEARING � SMELL � TASK TWO � Observe Manner in which Driver Exits to Note Any Additional Evidence of Impairment
Video of Face to Face Contact: Look for Cues
TASK ONE (INSIDE CAR) � HEARING � SMELL � SIGHT Bloodshot Eyes Slurred Speech Alcoholic Admission of Beverages Soiled Clothing Drinking Marijuana Fumbling Fingers Inconsistent Cover-Up Odors Alcohol Container Responses Drugs/Paraphernalia Unusual Odors Abusive Language Bruises/Scrapes Unusual Statements
TASK TWO: EXITING VEHICLE � THE EXIT SEQUENCE � Shows Angry or Unusual Reactions � Cannot Follow Instructions � Cannot Open Door � Leaves Vehicle in Gear � “Climbs” Out of Vehicle � Leans Against Vehicle � Keeps Hands on Vehicle for Balance
PHASE THREE: PRE-ARREST SCREENING � TASK ONE: ADMINISTER THREE (3) SCIENTIFICALLY VALIDATED (FIELD) SOBRIETY TESTS. � HORIZONTAL GAZE NYSTAGMUS (HGN) TEST � WALK & TURN TEST � ONE LEGGED STAND TEST � TASK TWO: ADMINISTER OR ARRANGE FOR A PBT TO CONFIRM CHEMICAL BASIS OF IMPAIRMENT
Video of HGN Test
HORIZONTAL GAZE NYSTAGMUS � Nystagmus is defined as an involuntary jerking of the eyes. Alcohol and certain other drugs cause Horizontal Gaze Nystgamus. � � Vestibular Nystagmus � Caused by movement or action to the vestibular system (contributor to balance – inner ear).
HGN PROCEDURES � Officers are Looking for an Involuntary Jerking of the Eyes Occurring as the Eyes Gaze Toward the Side. � THREE CUES � THE LACK OF SMOOTH PURSUIT (CLUE #1) � � DISTINCT AND SUSTAINED NYSTAGMUS AT MAX DEVIATION (CLUE #2) � � ONSET OF NYSTAGMUS PRIOR TO 45 DEGREES(CLUE #3)
SPECIFIC PROCEDURES � I AM GOING TO CHECK YOUR EYES � KEEP YOUR HEAD STILL AND FOLLOW THIS STIMULUS WITH YOUR EYES ONLY � KEEP FOLLOWING THE STIMULUS WITH YOUR EYES UNTIL I TELL YOU TO STOP � STIMULUS � HOLD STIMULUS APPROX. 12-15 INCHES FROM SUSPECTS NOSE AND SLIGHTLY ABOVE EYE LEVEL � CHECK FOR EQUAL PUPIL SIZE, RESTING NYSTAGMUS AND EQUAL TRACKING (CHECKING FOR MED. IMP.) � LACK OF SMOOTH PURSUIT, Con’t
PROCEDURES CONTINUED � LACK OF SMOOTH PURSUIT � CHECK LEFT EYE (MOVING STIMULUS TO YOUR RIGHT) � � SPEED 2 SECONDS TO BRING EYE AS FAR TO SIDE AS IT CAN GO � � MOVE STIMULUS ALL THE WAY TO THE LEFT, BACK ACROSS SUSPECT’S FACE – MOVEMENT OF STIMULUS SHOULD TAKE APPROX. 2 SECONDS OUT AND 2 SECONDS BACK FOR EARCH � REPEAT PROCEDURE
PROCEDURES CONTINUED � DISTINCT AND SUSTAINED NYSTAGMUS AT MAXIMUM DEVIATION � BEGIN WITH SUSPECTS’S LEFT EYE � MOVE STIMULUS TO SUSPECT LEFT SIDE (MOVING RIGHT) UNTIL EYE HAS GONE AS FAR TO SIDE AS POSSIBLE � NO WHITE SHOWING IN CORNER AT MAXIMUM DEVIATION � HOLD EYE AT THIS POSITION FOR MINIMUM 4 SECONDS � MOVE ALL THE WAY BACK ACROSS FACE TO CHECK RIGHT EYE HOLDING FOR MAXIMUM 4 SECONDS � REPEAT � FATIGUE NYSTAGMUS CAN RESULT IF HELD FOR MORE THAN 30 SECONDS
PROCEDURES CONTINUED � ONSET OF NYSTAGMUS PRIOR TO 45 DEGREES � MOVE STIMULUS TOWARDS RIGHT (LEFT EYE) AT SPEED THAT WOULD TAKE APPROX. 4 SECONDS FOR STIMULUS TO REACH EDGE OF SUSPECT’S SHOULDER � WATCH EYE FOR JERKING � WHEN YOU SEE IT, STOP AND VERIFY THAT JERKING CONTINUES � MOVE STIMULUS TO LEFT (RIGHT EYE) AT SPEED THAT WOULD TAKE APPROXIMATELY 4 SECONDS FOR STIMULUS TO REACH EDGE OF SHOULDER � WATCH FOR NYSTAGMUS – WHEN YOU SEE, STOP AND VERIFY JERKING CONTINUES � REPEAT � FATIGUE NYSTAGMUS CAN RESULT IF HELD FOR MORE THAN 30 SECONDS
PROCEDURES CONTINUED � VERTICLE GAZE NYSTAGMUS � LOOK FOR JERKING AS EYES MOVE UP AND ARE HELD FOR APPROX. 4 SECONDS AT MAXIMUM DEVIATION � POSITION HORIZONTALLY � ABOUT 12-15 INCHES IN FRONT OF NOSE � RAISE OBJECT UNTIL EYES ELEVATED AS FAR AS POSSIBLE � HOLD FOR 4 SECONDS � WATCH FOR EVIDENCE OF JERKING
WALK & TURN TEST
WALK & TURN TEST � INSTRUCTION STAGE � Place left foot on line � � Place right foot on line ahead of left foot, with heel of right foot against toe of left foot � � Place arms down at your sides � � Maintain position until I have completed the instructions do not start to walk until told to do so. � � Do you understand the instructions so far (make sure the suspect understands)
WALK & TURN TEST, Con’t � DEMONSTRATIONS AND INSTRUCTIONS FOR WALKING STAGE � When I tell you to start, take 9 heel to toe steps, turn and take 9 heel to toe steps back. � (DEMONSTRATE 3 HEEL TO TOE STEPS) � When you turn, keep front foot on line, and turn by taking a series of small steps with the other foot, like this � (DEMONSTRATE) � While you are walking, keep your arms at your sides, watch your feet at all times, and count your steps out loud. � Once you start walking, don’t stop until you have completed the test. � Do you understand the instructions (make sure understands) � Begin, and count your first steps from the heel to toe position as 1.
WALK & TURN TEST, Con’t � TEST INTERPRETATION � Cannot keep balance while listening to the instructions � Starts before instructions are finished � Stops while walking � Does not touch heel to toe � Steps off the line � Uses arms to balance � Improper Turn � Incorrect number of steps � If suspect cannot do test, record observed clue and document reasons for not completing the test � � If suspect has difficulty with test (for example, steps off the line) continue from that point, not from beginning. This test may lose sensitivity if it is repeated several times. � � IF 2 or more clues or fails to complete. Classify at BAC over .10.
VIDEO OF A PERFECT SCORE
ONE LEGGED STAND TEST
ONE LEGGED STAND TEST � INSTRUCTION STAGE � Please stand with your feet together and your arms down at the side, like this � Do not start to perform the test until I tell you to do so � Do you understand the instructions so far?(Make sure suspect understands) � DEMONSTRATINS & INSTRUCTIONS FOR BALANCE AND COUNTING � When I tell you to start, raise one leg, either leg, with foot approx. 6 inches off the ground, keeping your raised foot parallel to the ground. � DEMONSTRATE � You must keep both feet straight, arms at your side � While holding that position, count out loud in the following manner “one thousand and one, one thousand and two, one thousand and three, until told to stop” � DEMONSTRATE A COUNT
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