⌚ DUI Case Study
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Brutal Cross Examination of a Cop in Hardin County -- The Prosecutor was Unable to Stop it
The "Personal Contact" Phase is where the officer actually comes into contact with the suspected impaired driver. This Phase also includes the post-arrest evidentiary chemical test despite that it occurs subsequent to a DUI arrest, not prior to a DUI arrest. The officer will typically approach the driver's window and ask some preliminary questions. During this phase of the stop, the officer will note if they detect any of the following indicators of intoxication:.
If the officer observes enough to have a reasonable suspicion to legally justify a further detention and investigation, they will ask the driver to step out of the vehicle, and request that the driver submit to voluntary field sobriety tests. Note: Local terminology will vary, but these general classifications fall under US Supreme Court guidelines. Each stage has different requirements for establishing a basis for police or prosecutorial action. Without establishing that basis, the process is illegal and can cause a prosecution to fail under the exclusionary rule. The police must have a reason to engage in a traffic stop. This typically involves either observing a traffic violation or observing behavior, such as weaving or lane departure, that would raise a "reasonable suspicion" of driving while impaired.
The police must have an articulable reason for the stop, but does not need probable cause for an arrest. One exception is a roadblock where legal. Roadblocks do not involve reasonable suspicion, but must meet particular legal standards to avoid arbitrariness while still assuring randomness. During the traffic stop, the police will attempt to obtain sufficient evidence to support "probable cause". This includes asking questions, and requesting further evidence or confession.
There are several situations in which the officer will come into contact with a driver, some examples are:. After each symptom is a percentage figure which, according to NHTSA, indicates the statistical chances through research that a driver is over the legal limit. If the officer observes enough evidence to have a " Reasonable Suspicion " to legally justify a further detention and investigation, they will ask the driver to step out of the vehicle. Examples of "probable cause" for a drunk driving arrest includes:. The tests were not validated for people with medical conditions, injuries, 65 years or older, and 50 pounds or greater overweight.
The officer will administer one or more field sobriety tests. FSTs are considered "divided attention tests" that test the suspect's ability to perform the type of mental and physical multitasking that is required to operate an automobile. However, these tests can be problematic for people with non-obvious disabilities affecting proprioception the awareness of the body's movement , such as Ehlers-Danlos syndrome.
According to NHTSA, these tests were not designed to measure impairment, but rather to give a probability that a driver is at or above a 0. However, studies have shown that there are reasons to doubt the tests' usefulness in helping an officer to make such a determination. In , Dr. His staff videotaped people performing six common field sobriety tests, then showed the tapes to 14 police officers and asked them to decide whether the suspects had "had too much to drink and drive" sic.
The blood-alcohol concentration of each of the 21 DUI subjects was 0. This study showed the possible inaccuracy of FSTs. FSTs and SFSTs are promoted as, "used to determine whether a subject is impaired",   but FST tests are widely regarded having, as their primary purpose, establishing tangible evidence of " probable cause for arrest ". A secondary purpose is to provide supporting corroborative tangible evidence for use against the suspect for use at trial in jurisdictions that permit such evidence.
In contrast, formal evidentiary tests given under implied consent requirements are considered mandatory. A suspect requested to participate in a FST is likely to be told that the purpose is to determine whether the suspect is impaired;   however, FST tests are widely regarded having, as their primary purpose, gaining tangible evidence for use against the suspect in the establishment of probable cause for arrest. An increasingly used field sobriety test involves having the suspect breathe into a small, handheld breath testing device. These are often referred to as PAS Tests, or "Preliminary Alcohol Screening" Tests", or a PBT, "Preliminary Breath Test" and precede the actual arrest and subsequent requirement to submit to an evidentiary chemical test of the suspect's breath or blood.
These breath testing devices used are smaller, inexpensive versions of the larger, more sophisticated instruments at the police stations, commonly known as an Evidentiary Breath Test using an EBT device, or Evidentiary Breath Test device. An increasing number jurisdictions began using Portable Evidentiary Breath Test devices, or PEBT devices, that are more sophisticated versions of the smaller, inexpensive versions of the larger, larger instruments at the police stations. While the tester provides numerical blood alcohol content BAC readings, its primary use is for screening and establishing probable cause for arrest, to invoke the implied consent requirements. In US law, this is necessary to sustain a conviction based on evidential testing or implied consent refusal.
Police are not obliged to advise the suspect that participation in a FST or other pre-arrest procedures is voluntary. Refusal to take a preliminary breath test PBT in Michigan subjects a non-commercial driver to a "civil infraction" penalty, with no violation "points",  but is not considered to be a refusal under the general "implied consent" law. Different requirements apply in many states to drivers under DUI probation, in which case participation in a preliminary breath test PBT may be a condition of probation, and for commercial drivers under "drug screening" requirements.
Some US states, notably California, have statutes on the books penalizing PBT refusal for drivers under 21; however the Constitutionality of those statutes has not been tested. As a practical matter, most criminal lawyers advise not engaging in discussion or "justifying" a refusal with the police. If the officer has sufficient probable cause that the suspect has been driving under the influence of alcohol, they will make the arrest, handcuff the suspect and transport them to the police station.
En route, the officer may advise them of their legal implied consent obligation to submit to an evidentiary chemical test of blood, breath or possibly urine depending on the jurisdiction. Laws relating to what exactly constitutes probable cause vary from state to state. In California it is a refutable presumption that a person with a BAC of 0. An arrestee will be offered a chemical test of breath, blood or, much less frequently, urine. Breath test results are usually available immediately; urine and blood samples are sent to a lab for later analysis to determine the BAC or possible presence of drugs.
North Dakota , the United States Supreme Court visited the issue of whether states can criminalize a refusal to submit to a chemical test. The United States Supreme Court decided that states may criminalize a refusal to submit to a breath test; but not a refusal to submit to a blood test absent a McNeely warrant, named after Missouri v. McNeely Regarding blood tests, some commentators, such as Brown University's Jacob Appel, have criticized the role of medical personnel in this process. According to Appel, "If physicians acquiesce today in the removal of a resistant patient's blood, soon they may be called upon to pump the contents of an unwilling patient's stomach or even to perform involuntary surgery to retrieve an evidentiary bullet.
While chemical tests are used to determine the driver's BAC, they do not determine the driver's level of impairment. However, state laws usually provide for a rebuttable legal presumption of intoxication at a BAC of 0. If it is determined after arrest that the person's BAC is not at or above the legal limit of 0. One may, however, still be charged with driving under the influence of alcohol on the basis of driving symptoms, observed impairment, admissions or performance on the field sobriety tests.
And if there is suspicion of drug usage, a blood or urine test is likely, or at least the testimony of a specially trained officer called a Drug Recognition Expert DRE. Assuming sufficient evidence of impaired driving from drugs, the arrested may face charges of driving under the influence of drugs or the combined influence of alcohol and drugs. Most of the time, the driver will either be kept in a holding cell sometimes referred to as the " drunk tank " until they are deemed sober enough to be released on bail or on his "own recognizance " OR.
A date to appear in court for an arraignment will be given to them. If they cannot make bail or is not granted OR, they will be kept in jail to wait for the arraignment on remand. In the United States, paying the DUI ticket, court costs, and attorney fees is just the start of a person's financial obligations after a DUI conviction. Additional costs of a DUI conviction will often involve the installation and maintenance fees of a vehicle Ignition Interlock Device, which serves the same function as a Breathalyzer to enable the vehicle to start. A person convicted of a driving under the influence charge, can also expect to pay higher insurance rates and premiums.
Drunk driving is a public health concern in the United States, and reducing its frequency may require an integrated community-based approach utilizing sanctions and treatments. The National Institute for Alcohol Abuse and Alcoholism suggests environmental interventions to help eliminate drinking and driving all together. Federal Aviation Regulation The same prohibition applies to any other crew members on duty aboard the aircraft flight attendants, etc. Some airlines impose additional restrictions, and many pilots also impose stricter standards upon themselves. Commercial pilots found to be in violation of regulations are typically fired or resign voluntarily, and they may lose their pilot certificates and be subject to criminal prosecution under Federal or State laws, effectively ending their careers.
Similar laws apply to other activities involving transportation; Michigan prohibits intoxicated use of motorized farm implements, or boating, the latter whether a pilot or passenger, with much the same threshold of intoxication. In the case of boating, the laws extend to include kayaks, canoes, sailboats—any flotation device that needs to be steered in water. Different states have different laws and classifications on the level of transgression attached to a citation for boating under the influence. Alcohol use was the number one contributing factor in U.
In countries such as the United Kingdom and Australia drunk driving and deaths caused by drunk driving are considerably lower than in the United States. Research in the United Kingdom has shown that the danger group for drunk driving is young men in their early 20s rather than teenagers. This test involves speaking or blowing into a hand held breathalyzer to give a reading, if this is over the legal limit, the driver will be arrested, and required to perform a test on another breathalyzer, which can be used for a conviction. Refusing a roadside or evidential test is an offense, and is subject to the same penalty as high range drunk driving. This detection method is not employed in the UK, and it is not an offence in England, Wales or Australia for a fully licensed driver to drive with a BAC of less than 0.
In Australia it is an offence for any learner or probationary driver to drive with a BAC above 0. In addition, anyone instructing or supervising a learner driver must have a BAC of under 0. Unlike the United States, these countries do not see restricting access to alcohol as having any useful role to play in reducing drunk driving. Their experience is that random breath tests, severe penalties, including potential imprisonment for a first offense in UK , combined with blanket public service broadcasting are a more effective strategy.
Also, Australian and British law do not recognize the crime of DUI manslaughter, and sentences for causing death by drunk driving are much lower than the United States. In the UK, a judge makes a sentencing decision based on the amount of alcohol present. This can lead to imprisonment for a first offence. In Germany, a legal limit of 0. From Wikipedia, the free encyclopedia. This article may be too technical for most readers to understand.
Please help improve it to make it understandable to non-experts , without removing the technical details. February Learn how and when to remove this template message. Main article: DUI laws in California. Main article: DWI court. Main article: Ignition interlock device. Main article: Reasonable suspicion. Main article: Field sobriety testing. Main article: Probable cause. See also: Driving under the influence. Retrieved 26 January Thomson Reuters. Retrieved 25 January June United States Bureau of Justice Statistics. Archived from the original PDF on April 5, Archived from the original on ISBN The Christian Science Monitor.
Associated Press. Retrieved 10 July He was approached by police when his vehicle struck a fence causing property damage and his vehicle was stuck in a snowbank. The officers believed he was drinking and asked him to do field sobriety tests. Facts Client was approached by police after he was stuck in the snow and they responded to see if anyone needed assistance. My Client admitted to drinking. The officer had him perform some field sobriety tests and after failing the portable breath test he was arrested and transported to jail.
At the station the officers read him the implied consent advisory and he complied and tested over. He was transported downtown and held in jail and ultimately released on his own recognizance since this was his first DUI offense and he had been cooperative with the officers. DUI offenses are enhanceable offenses in Minnesota. Three offenses in ten years is also a gross misdemeanor but your vehicle can be forfeited. Four DUI convictions in ten years is a felony. In fact, it's pretty common for people to experience depression and anxiety after a first-time DUI. You may also struggle with a host of emotions, including sadness, anger, guilt, and shame.
Here we take a look at what happens when you get a DUI and what you need to know to ensure you get the help you need. If you are arrested on suspicion of drunk driving, you will be placed into a police vehicle and taken to the nearest police station or jail where you'll be photographed and fingerprinted. Especially for first-time offenders, this can be a frightening experience that can bring on anxiety and panic. In some states, you can be released immediately if someone comes to jail, pays your bail, and drives you home. In a growing number of states, however, jail terms have become mandatory even for first-time drunk driving offenders.
Typically, first-offender jail terms are only one or two days that can be served on a weekend, but it is still jail time, which carries consequences—including consequences for your mental health. For repeat offenders, jail is mandatory in most states and the terms are longer than a couple of days. And again, if there are aggravating circumstances connected with your DUI case, the penalties can be increased. At the time of your arrest, you will be given a ticket or a summons that tells you the date that you have to appear in court to face driving under the influence charges. For some drivers, it feels humiliating to have to appear in public to answer charges of being drunk.
In today's courts, if you deny the charges, plead not guilty, and try to fight the case, chances are you and everyone else in the courtroom are going to see a video of you failing the field sobriety test taken from the officer's dashboard camera or taken at the jail where you were processed. In all states, even for a first-time conviction, your sentence will include the loss of driving privileges for a period of time. Even if your state offers a hardship license that allows you to drive to work or school during the time your license is revoked or suspended, your driving privileges will be drastically curtailed.
In some states, if you refused to take the field sobriety test or submit to a breathalyzer or blood test, your driver's license is suspended immediately, even before you go to court. In addition to the guilt and shame you may be feeling, a suspended license may make you feel like a burden as you may have no choice but to lean on friends and loved ones to get from one place to another. If you are convicted of driving while intoxicated, part of your sentence will definitely include paying a fine. All states have laws setting minimum and maximum fines for drunk driving, but those penalties can be enhanced by other circumstances. For example, if the property was damaged, someone was injured, or a child was endangered as a result of your driving while drunk, the fines can be increased.
In most states, you will also have to pay the court costs associated with your case.DUI Case Study material may be challenged and removed. In Nevada, the DUI Case Study THC limit is 2 nanograms. The per mille promille measurement, DUI Case Study is equal to ten times the DUI Case Study value, DUI Case Study used in Denmark, Germany, Finland, Norway, DUI Case Study Sweden. According to the Bureau of Justice Statisticsapproximately 1. Nevada has an implied DUI Case Study law, an agreement every operator of a motor vehicle accepts by operating DUI Case Study state roads, that Religion In George Washingtons Farewell Address breath or blood testing mandatory DUI Case Study an officer DUI Case Study reasonable suspicion of impairment. The average hydrocodone concentration in cases where DUI Case Study was incidental DUI Case Study death DUI Case Study 0.