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

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