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INTRODUCTION TO DUI INVESTIGATION INTRODUCTION TO DUI ROHNERT PARK DPSVictor Aguilar INVESTIGATION TERMINAL LEARNING OBJECTIVE The trainee will be able to explain and perform a basic DUI investigation. Which includes all FST's, PAS admonishment and POST arrest forms. HISTORY Prior to 1994, nearly half the drivers who died in crashes had been drinking In 2013 10,076 fatalities. 31% of all traffic fatalities represent alcohol related Impaired drivers kill or injure 65 each hour How many times on average does before they are arrested? someone drive under the influence The average DUI violator drives intoxicated 80 nights, and some every day. times before being arrest, once every four or five National Highway and Traffic Safety Agency (NHTSA) suggest that during the late night, weekend hours, as many as 10% of drivers on the road are DUI. 1.28 million driver were arrested for DUI in a year Males account traffic for 70% of all Alcohol is a family a closely related chemicals whose molecules are made up of hydrogen, carbon, and oxygen. 1. Methy alcohol (methanol) 2. Etyl Alcohol (ehtnaol) 3. Isoporpanol Alcohol (ispropanol) Which do humans consume? There are two ways to make alcohol 1. fermentation 2. distillation Common Drink sizesAlcohol is the most abused drug in the US Alcohol absorption and metabolized LEGAL ENVIRONMENT 23152(A) VC It is unlawful for any person to operate or be in the physical control of any vehicle within this state while under the influence of alcohol. PER SE STATUE 23152(B) VC Operate or be in the physical control of any vehicle within the sate while having a blood alcohol content (BAC) above the states level of .08% 23152(F) CVC It is unlawful for a person who is under the influence of any drug to drive a vehicle 312 CVC Drug is any substance when taken into the body that effects a person's ability to operate a motor vehicle. There are three phases to the DUI process 1. Vehicle in motion 2. Personal Contact 3. Pre-arrest screening Phase One: Vehicle in MotionWhat are some indicators? Phase One: Vehicle in Motion Swerving Braking Slow driving And equipment violations Phase One: Vehicle in Motion 40300.5 VC 1. The person in involved is an accident 2. The person is observed in or about a vehicle that is obstructing the roadway 3. The person will not be apprehended unless immediately arrested 4. The person may cause injury to themselves or damage property unless immediately arrested 5. The person may destroy or conceal evidence of the crime unless immediately arrested Phase two: Personal contact What are some of the signs and symptoms of intoxication? Phase Two: Personal Contact Demeanor Smell Coordination Admit to alcohol comsumption Red watery eyes Slurred speech Unsteady gait Phase Three: Pre-arrest screening Psychophysical test are methods of assessing a subject's mental and physical impairment. These test focus on the abilities needed for safe driving balance, coordination, informaiton, processing and so on. What are some field sobriety tests? Phase Three: Pre-arrest screening Three scientifically proven tests 1. Horizontal Gaze Nystagmus (HGN) 2. Walk and turn 3. One leg stand HGN Lack of smooth pursuit Distinct and sustained nystagmus at maximum deviation Nystagmus prior to 45 degrees Walk and Turn Can't balance during instructions Starts to soon Stops while walking Steps off line Wrong number of steps Misses heel to toe Uses arms to balance makes improper turn 8 total clues 2 or more clues there is a 79% chance drive is .08% One leg stand Putting foot down uses arms for balance swaying hopping 4 total clues 2 or more clues there is 83% chance driver is .08% BAC Preliminary Breath Test What happens if the driver is impaired however the PAS 23152(f) CVCshows no alcohol in their system? Decision PointMake the arrest or release. Implied Consent (26312 CVC) 1. Breath 2. Blood Refusal DMV Admin Per Se Driver's license suspension Search warrant Punishment Jail Fines Vehicle tow insurance rates AA classes Interlock device 2019 Wet reckless SUMMARY Alcohol is the most abused drug in the US There is a three step process to a DUI investigation It is important to understand the legal statutes QUESTIONS?