Operating Under the Influence

Driving under the influence- Commercial Driving License

-BAC limits vary from state to state, but typically if an individual holds a commercial driver's license the limit is 0.04 percent

Walk-and-Turn

-drivers are asked to take nine steps, touching heel-to-toe along a straight line, turn on one foot and then return in the same manner

What should be included in a OUI police report?

-driving observations -physical appearance -odor -speech -results of field sobriety test -results of any chemical tests

judgment problems include:

-following a vehicle too closely -changing lanes improperly -making improper or illegal turns -failing to drive on the designated roadway

Post stop indicators may include:

-having difficulty exiting the vehicle -fumbling with driver's license -exhibiting balance problems -presenting slurred speech -responding slowly to officer commands -providing incorrect information or changing answers -emitting the smell of alcohol

3 Standard Field Sobriety Tests

-horizontal gaze nystagmus -walk-and-turn -one-leg stand

Horizontal Gaze Nystagmus indicators

-inability to follow a moving object smoothly -distinct eye jerking when eye is at maximum deviation -eye jerking before the object is 45 degrees from the center of the suspect's face

what are police looking for when conducting a walk and turn test

-maintaining balance during instructions -starting too soon -stepping off the straight line -pausing to regain balance -touching heel-to-toe -using arms to maintain balance -taking an incorrect number of steps -losing balance when turning

One leg stand- signs of impairment

-putting foot down before the test is complete -swaying while trying to maintain balance -hopping while trying to balance -using arms to help maintain balance -miscounting

why is the walk and turn test considered a divided attention test

-suspects are required to concentrate on two tasks at once •mental task: listening and following instructions •physical task: walking and turning in a straight line

Why is one leg stand considered a divided attention test

-suspects must divide their attention between tasks •mental: following oral instructions and counting •physical: balancing on one foot

causes of an inaccurate Horizontal Gaze Nystagmus

A health condition affecting the eyes, such as having an eyeglass prescription or a lazy eye

ignition interlock device

Attached to the vehicle with a built-in Breathalyzer & prevents the vehicle from starting if the motorist's BAC exceeds a specified amount. the offender generally needs to pay for this device.

operating under the influence BAC under .08

Drivers may still be arrested and convicted of a DUI without proof of intoxication if their ability to safely operate a motor vehicle is impaired by alcohol. For example, a driver with a BAC of 0.06 can be found guilty of DUI if the arresting officer testifies he observed the vehicle swerving badly, and the driver exhibited slurred speech. This is known as the "per se offense".

SFST

Standard Field Sobriety Tests

Maximum deviation

The point at which the eye is moved to the side as far as possible

the best method used to apprehend drivers under the influence

increased patrolling

operating under the influence

operating a motor vehicle with a blood alcohol concentration (BAC) at or above 0.08 percent

The legal standard by which officers have the right to stop or detain an individual.

reasonable suspicion

Preliminary Breath Test

requires a driver to blow into a device which registers their blood alcohol concentration

Impairment

state of being weakened, diminished by alcohol

judgment problems

•Alters a drivers ability to make a reasonable decisions -resulting in a driver taking risks and endangering others •Can occur even when a driver has consumed small amounts of alcohol

Post stop indicators

•Are used after the driver has been pulled over

Standard Field Sobriety Tests

•Are used to enforce DUI laws once an officer has reasonable suspicion the motorist may be impaired by alcohol •Gives officers the ability to observe a driver's balance, attention level, physical ability and other factors -to determine whether the driver is impaired by alcohol

Speed & Braking

•Can become difficult tasks for impaired drivers -speed problems include: •accelerating or decelerating rapidly for no reason •alternating between speeding up and slowing down •driving at a speed 10 miles per hour or more under the speed limit

How should the counting backwards test be administered?

•Give a number to start and to stop at -Count backwards from 79-63

Vigilance Problems

•Include issues with a driver's ability to pay attention, such as: -driving without headlights at night -responding slowly to traffic signals -failing to use turn signals -driving the wrong way on a one-way -failing to respond to officer's signals -stopping in the lane for no reason

operating under 21 years old

•Includes a zero tolerance law for drivers under the age of 21 -even a small amount of alcohol is justification for a DUI or DWI arrest if the driver is under age

One Leg Stand

•Is a test used by officers to observe a suspect's ability to maintain their balance for an allotted amount of time -an officer will instruct the driver to stand with one foot about six inches off the ground while counting aloud, until told to put their foot down -officers will time a suspect for 30 seconds

Horizontal Gaze Nystagmus

•Is a test used by police officers which involves having suspects follow a small object, such as a pen, with their eyes -an officer will hold the object approximately 12 to 15 inches from the driver's face at eye level and move it back and forth horizontally

Indicators of Impaired Driving

•Is the process of identifying improper roadway behaviors which may be related to drunk driving

DUI Convictions

•May carry criminal penalties, including fines, jail time, probation and community service -some states enforce minimum penalties for first time offenders, then institute increased penalties for each repeat offense

Swervin

•Occurs when a vehicle abruptly changes directions -in order to remain in the correct lane or avoid any unnoticed vehicles or objects

Nearly Striking an object

•Occurs when a vehicle becomes dangerously close to a sign, barrier, building or other object •May also occur if a vehicle comes close to hitting another vehicle -whether it is moving or parked -which may cause a moving vehicle to maneuver to avoid collision

Straddling a Lane Line

•Occurs when a vehicle drives directly over the lane line, with either the left or right tire on the wrong side of the line -can occur on the center lane line or the outside lane line

Turning at a wide radius

•Occurs when a vehicle making a turn strays to the outside of the lane or into another lane •Is also known as drifting around a curve

Weaving

•Occurs when a vehicle moves toward one side of the lane then the other -can occur between lane lines or across lane lines

Drifting

•Occurs when a vehicle slowly and unintentionally strays from its lane -moving into another lane or off the roadway

Alcohol Exclusion Laws

•Permit insurance companies to deny claims associated with driving under the influence -currently, 37 states have these laws

How should the alphabet test be administered?

•Saying it -not singing

DUI test are administered if

•a police officer suspects a driver has been drinking and driving •Include standard field sobriety tests and preliminary breath tests -which provide evidence to give court testimony related to driving under the influence