dwi/dui. ultimate goal increase dwi deterrence and decrease alcohol related crashes deaths and...
TRANSCRIPT
DWI/DUI
Ultimate Goal
• Increase DWI deterrence and decrease alcohol related crashes deaths and injuries
PRIOR TO AN ACCIDENT INVOLVING A 17 YEAR OLD
DRIVER WHO HAD BEEN DRINKING
Jackie Saburido
DWI PROBLEM
• Prior to 1994, nearly half of the drivers who died in crashes had been drinking
• In 2013, alcohol was involved in 21 percent of all fatal crashes
• ONE IN SEVEN DRIVERS IS ARRESTED FOR DUI IN MN
• HIGHEST NUMBER OF DEATHS IN 1984 WITH 332
•
• LOWEST IN 2011----111---involving ETOH
2013
• 387 KILLED ON MN ROADS
• 81 WERE INTOXICATED
• MOST COMMON FACTORS????
• DRIVER INATTENTION/DISTRACTION
• FAILURE TO YIELD RIGHT OF WAY
• ILLEGAL OR UNSAFE SPEEDS
DUI COSTS IN 2013
• $262,906,600
AVERAGE DAY IN MN
• 198 CRASHES
• 1 DEATH
• 96 INJURIES
• $4.2 MILLION AVERAGE DAILY COST
PERCENTAGE OF IMPAIRED DRIVERS WHO DIE
• 21%
.10 to .08
• In 2000
• President Bill Clinton
.08%
• IN JULY, 2005 MN CHANGED IT’S DUI THRESHOLD FROM .10 TO .08
THE AVERAGE DRIVER
• MAKES 400 OBSERVATIONS
• MAKES 40 DECISIONS
• MAKES 1 MISTAKE
EVERY TWO MILES
…….AND THIS IS WHEN THEY ARE
SOBER!!!!
•3,321,760
NUMBER OF LICENSED DRIVERS IN MN
• What is the month with the most DUI arrests?
AUGUST
MOST FATAL ACCIDENTS
• OCTOBER
MONTH WITH THE MOST CRASHES
• JANUARY
•
COUNTIES IN MN
• COUNTY WITH THE MOST DUI ARRESTS?
• HENNEPIN COUNTY
TYPICAL FRI AND SAT NIGHTS
• ONE OUT OF SEVEN DRIVERS LEAVING BARS IS A DUI
DWI ARRESTS IN MN 2013
• 25,719
41% of these had at least one prior DUI
6% less than 21 years old
HOW MANY PER DAY??
70
MALES VS FEMALES
• MALES 17,130 out of 25,719
• FEMALES 6497 out of 25,719
• Decrease of 8%
• But is that due to a lack of increase of police officers hired in relationship to the population???
AGES
• 21-34 YEARS OF AGE 52%
• UNDER 21 YEARS OF AGE 7%
DANGEROUS DAY OF THE WEEK
• SATURDAYS------24%
TIMES
MOST DANGEROUS TIME FOR AN ALCOHOL CRASH OCCURS BETWEEN THE HOURS OF 0000 AND 0400 SUNDAY MORNING
GENERAL DETERRENCE
• FEAR OF JAIL AND LOSS OF $$$
Basic DWI Statute
• It is unlawful for any person to…….
• Drive, operate, or be in physical control of any motor vehicle within this state while under the influence of alcohol and/or any controlled substance
• PHYSICAL CONTROL—No specific definition “ONE CHEEK RULE”
• WITHIN STATE—includes private property
• Courts have deemed that the vehicle does not need to be operable
DUI ENFORCEMENT
• REASONABLE SUSPICION• WEAVING WITHIN LANE• FLUCTUATING SPEED• “LOOKS DRUNK”
Reasonable Suspicion
• Threshold is very low
• Something more than a mere hunch or guess
• Less than probable cause
• TOTALITY OF CIRCUMSTANCES
STOPS BASED ON CITIZEN REPORTS
• Before making stop, confirm with dispatch that they have the caller’s identity and why they think the driver is intoxicated
• If caller is anonymous, you should have your own independent observations of driving conduct
•
MN STATE STATUTE
• 169A.20----BASIC STATUTE
• 169A.24-----1ST DEGREE FELONY
• 169A.25----2ND DEGREE GM
• 169A.26----3RD DEGREE GM
• 169A.27----4TH DEGREE MISD
• 169A.50----IMPLIED CONSENT
AGGRAVATING FACTORS
• Each DWI conviction or Implied Consent entry in the last 10 years
• Test over .20 AC
• Child endangerment—child less than 16 yrs old and greater than 36 month age difference
4TH DEGREE
• DWI AND NO AGGRAVATING FACTORS
• MISDEMEANOR
THIRD DEGREE
• DWI AND ONE AGGRAVATING FACTOR
• GROSS MISDEMEANOR
SECOND DEGREE
• DWI AND TWO AGGRAVATING FACTORS
• GROSS MISDEMEANOR
FIRST DEGREE
• FOURTH DWI WITHIN TEN YEARS
• PRIOR FELONY DWI CONVICTION
• FELONY
TEST REFUSAL
• 169A.20 SUBD 2
• GROSS MISDEMEANOR IN ALL CASES
TEST REFUSAL
• CHARGE IN ADDITION TO THE DWI OFFENSE
• PENALITIES ARE DEPENDANT UPON THE DEGREE FOR WHICH THE DRIVER WAS ORIGINALLY ARRESTED
AID AND ABET
• EVERY PERSON WHO AIDS OR ABETS IN THE COMMISSION OF ANY ACT DECLARED IN 169A TO BE AN OFFENSE IS GUILTY OF THAT OFFENSE
• Owner of car lets them drive
WHISKEY PLATES
• 2ND DUI
• .20% OR GREATER
• GM OFFENSE
• CHILD UNDER THE AGE OF 16 YEARS
• LICENSE CANCELED FOR INIMICAL TO PUBLIC SAFETY
• LICENSE PLATES STAY ON FOR ONE YEAR
• VIOLATOR MAY NOT DRIVE A CAR UNLESS THERE ARE WX PLATES
CASE LAW
• STATE VS HENNING
• Can’t stop a vehicle that only has special series plates WX etc
• Can pay more attention to that vehicle
• Establish individual suspicion
• STATE VS PIKE
• Can stop a vehicle if it is believed the driver is revoked
DUI DETECTION PHASES
• 1. VEHICLE IN MOTION
• 2. PERSONAL CONTACT
• 3. PRE-ARREST SCREENING
• Horizontal gaze nystagmus
• Divided attention
• Standardized Field Sobriety Testing
Preliminary Breath Testing
• DEMONSTRATE ASSOCIATION OF ALCOHOL WITH THE OBSERVABLE EVIDENCE OF THE SUSPECT’S IMPAIRMENT
•
SINCE 2011
• INTERLOCK IGNITION DEVICE
•