Impaired Driver

A.R.S. §28-1381(A)(2):

"If a person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle."

A.R.S. §28-1382(A):

"If the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle." a. 0.15 or more but less than 0.20. b. 0.20 or more.

A.R.S. §28-1381(A)(4):

"If the vehicle is a commercial motor vehicle and the person has an alcohol concentration of 0.04 or more."

A.R.S. §28-1381(A):

"It is unlawful for any person to drive or be in actual physical control of a vehicle within this state under any of the following circumstances":

A.R.S. §28-1381(A)(3):

"While there is any drug defined in Section 13-3401 or its metabolite in the person's body."

A.R.S. §28-1381(A)(1):

"While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substance if the person is impaired to the slightest degree."

On an average, at any given time

"two percent (2%)." drivers are impaired

Weekend nights

- 10% or more driver are impaired

Walk and turn test

-Cannot keep balance during instruction. -Starts too soon. -Stops while walking. -Does not touch heel to toe -Steps off line. -Uses arms for balance more than six inches (6"). -Improper turn. -Incorrect number of steps

If a suspect, who a had submitted to a test to determine alcohol concentration, has an alcohol concentration of _______________ during that certified test, his/her driver license privilege will be suspended for not less than ____________ days

.08 90

If a person refuses to submit to a test to determine alcohol concentration of drug use, their license will be suspended for_________ or __________ if the suspect has a prior Implied consent refusal on the record within the past __________.

1 year 2 years 7 years

A. Presumptive levels relating to alcohol concentrations A.R.S. §28-1381(G):

1. 0.05 or less, ". . .it may be presumed that the defendant was not under the influence of intoxicating liquor." 2. In excess of .05 but less than .08, such fact shall not give rise to any presumption that the defendant was, or was not, under the influence of intoxicating liquor. 3. 0.08 or more, ". . .it may be presumed that the defendant was under the influence of intoxicating liquor."

There are three (3) state liquor statutes that pertain to drinking alcoholic beverages while being in, or driving, a motor vehicle. They are:

1. A.R.S. §4-244.34 - "It is unlawful for a person under the age of twenty-one (21) years to drive or be in physical control of a motor vehicle while there is any spirituous liquor in the person's body." 2. A.R.S. §4-251(A)(1) - "Consumption of liquor while operating or riding in vehicle." 3. A.R.S. §4-251(A)(2) - "Possession of open container of liquor within the passenger compartment.

Tennessee study: _________ of drivers in hospitals had drugs in their systems.

40%

a. Nearly _____ of all fatal crashes involve drinking and or drug impaired drivers.

50%

California study: __________ of fatalities had drugs other that alcohol.

51%

Walk and turn. If two (2) or more clues are observed, __________that subject's BAC/BRAC is .08 or greater.

79%,

b. Studies indicate the average DUI violator drives while intoxicated approximately ___________________

80 times each year

1 leg stand. If two (2) or more clues are observed, ______ that subject's BAC/BRAC is .08 or greater.

83%

two common tests that are used to determine alcohol concentration during a DUI investigation are _________ and ______________

Breath and Blood

Aggravated DUI (felony). A.R.S. §§28-1383(A)(1):

Commits a violation of §28-1381 and/or §28-1382 his privilege to drive is suspended, canceled, revoked, or refused, or the person's driver's license or privilege to drive is restricted as a result of violating §28-1382 or under §28-1385.

Aggravated DUI (felony). A.R.S. §§28-1383(A)(3):

Commits a violation of §28-1381 and/or §28-1382 while a person under 15 years of age is in the vehicle."

When are most DUI drivers on the road

In a special study of drivers leaving bars between 9:00 p.m. and 2:00 a.m. on Friday and Saturday nights, one (1) in seven (7) had a BAC of .10 or more.

Phase two:.

Personal contact

Phase three:

Pre-arrest screening.

One (1)-leg stand 4 standard clues

Sways while balancing. Uses arms for balance more than six inches (6"). Hops. Puts foot down.

Phase one:

Vehicle in motion.

Aggravated DUI (felony). A.R.S. §28-1383(A)(2):

WITHIN A PERIOD OF 84 MONTHS commits a 3RD OR SUBSEQUENT violation of §§28-1381, 28-1382 OR THIS SECTION, OR IS CONVICTED OF A VIOLATION OF §§28-1381, 28-1382 OR THIS SECTION, AND HAS PREVIOUSLY BEEN CONVICTED OF ANY COMBINATION OF CONVICTION OF §28-1381, 28-1382 OR THIS SECTION, OR ACTS committed in this state would be a violation of §§28-1381, 28-1382 or this section.

Aggravated DUI (felony). A.R.S. §28-1383(A)(4):

While the person is ordered by the court or required pursuant to section 28-3319 by the department to equip any motor vehicle the person operates with a certified IGNITION INTERLOCK DEVICE (IID), commits a violation of section 28-1381, section 28-1382 or this section; While under arrest refuses to submit to any test chosen by a law enforcement officer. Commits a violation of 28-1381 or 28-1382

There are five (5) field sobriety tests that officers can administer to suspected DUI offenders

a. Walk and turn. b. One (1)-leg stand. c. Romberg modified. d. Finger to nose. e. Finger count.

c. The first faculty affected by alcohol is _______.

judgment

Alcohol-related crashes are ______ times more likely to result in death.

nine (9)

Officers will make every attempt to administer the field sobriety tests at the scene. The field sobriety tests are designed to assist the officer in developing ____________________ at roadside.

probable cause

1. Each year____________ of people die in traffic collisions.

tens of thousands

Studies show that for every DUI violator arrested,_______________others are contacted by police and are not arrested

three (3)