Driving under the influence DUI Law and Public

Driving under the influence DUI Law and Public Safety 9/30/2020 1

Bellwork On a piece of paper, write your name, what you know about Driving Under the Influence, what you want to know about Driving Under the Influence. WHAT YOU KNOW WHAT YOU WANT TO KNOW 9/30/2020 WHAT YOU LEARNED Property of CTE Joint Venture 2

Introduction Think about what you know about DUI related fatal collisions. Has it affected your family or friends? Does anyone what to share? 9/30/2020 Property of CTE Joint Venture 3

Objectives 1. 2. 3. 4. 5. 6. 7. 8. Define associated terminology. Explain the elements of the DUI statutes Explain implied consent law and admin per se Identify the types of chemical testing State driving cues of an impaired driver Identify what sobriety tests are used Demonstrate Field Sobriety Tests Describe the relationship between detection and general deterrence. 9/30/2020 Property of CTE Joint Venture 4

Terminology NHTSA National Highway Traffic Safety Administration DUI Driving under the influence Physiology The branch of biology dealing with the functions and activities of living organisms and their parts, including all physical and chemical processes. Psychophysical “Mind/Body” Being able to multitask. Horizontal Gaze Nystagmus - Involuntary jerking of the eyes as they look to the sides. 9/30/2020 Property of CTE Joint Venture 5

Terminology continued Involuntary jerking of the eyes. Nystagmus - Vehicle - Illegal per se BAC A device which a person or property may be transported or drawn on a public highway, excluding devices moved by human power or on tracks. Unlawful in and of itself. Used to describe a law which makes it illegal to drive while having a statutorily prohibited BAC Blood alcohol concentration in the number of grams of alcohol that are found in 100 milliliters of blood. 9/30/2020 Property of CTE Joint Venture 6

Implied consent/Admin per se Implied consent- Any person who operates a vehicle on public highways, shall be deemed to have given consent to a chemical test. Admin per se- It is illegal to operate/in physical control of a vehicle in this state to have a BAC over. 08. It is an offense in and of itself to drive and have 9/30/2020 Property of CTE Joint Venture 7

Types of test that are administered - Field Sobriety Test: any one of several roadside tests that can be used to determine whether a suspect is impaired. - Divided Attention test: A test that requires a subject to conentrate on both mental and physical tasks at the same time. 9/30/2020 Property of CTE Joint Venture 8

ARS Title 28 Chapter 4 28 -1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances: 9/30/2020 Property of CTE Joint Venture 9

Circumstances: 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 substances if the person is impaired to the slightest degree. 2. If the person has an alcohol concentration of 0. 08 or more within two hours of driving or 0. 08 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. 9/30/2020 Property of CTE Joint Venture 10

Driving under the influence Fatal collisions in Arizona 9/30/2020 Property of CTE Joint Venture 11

Legal presumptions If a test shows a BAC is. 08 it is presumed that the person is over under the influence. A BAC. 05 or under, it shall presumed that the person is NOT under the influence. A BAC between. 05 and. 08 there is no presumption that the person is under the influence. 9/30/2020 Property of CTE Joint Venture 13

Legal presumptions What does this mean? If a person has a BAC. 08 or more, then they are impaired. If a person has a BAC. 05 or lower, they are not impaired. If a person’s BAC is between. 05 and . 08, it is your job as an officer to prove they are impaired! 9/30/2020 Property of CTE Joint Venture 14

Readings For the following readings, signal 1 for under the influence, 2 for no assumption, and 3 for not under the influence when prompted. 1. 0. 07 2. 0. 03 3. 0. 09 9/30/2020 Property of CTE Joint Venture 15

Driving under the influence - General deterrence On a typical Friday and Saturday night 1 out of every 7 drivers leaving a bar is DUI 9/30/2020 Property of CTE Joint Venture 16

Driving under the influence General deterrence For every DUI arrest Three others were contacted and allowed to leave. Chance of being arrested 9/30/2020 25% Property of CTE Joint Venture 18

Chances of being arrested If the chances of being arrested for DUI were ONE in 2000. Is there a fear of being caught? A chance to change behavior? Would a puppy become housebroken if you only corrected him once every 2000 accidents? 9/30/2020 Property of CTE Joint Venture 19

Driving under the influence Why does this happen? No officers on the streets. Inexperienced officers. Officers who don’t like to deal with drunks. Taking calls for service. 9/30/2020 Property of CTE Joint Venture 20

Standard drink sizes 9/30/2020 Property of CTE Joint Venture 26

Proof Distilled spirits are measured by “proof”. Proof is the percent of ethanol concentration and doubled. If whiskey is 80 proof, it is _____% ethanol. If vodka is 120 proof, it is _____% ethanol. 9/30/2020 Property of CTE Joint Venture 27

Physiological Process Alcohol is the most abused drug in USA. Alcohol is a central nervous system depressant. Will not impair until it gets into the brain. Will not get into brain until it gets into the blood. Will not get into the blood until it gets into body. 9/30/2020 Property of CTE Joint Venture 28

Physiology Alcohol is able to pass right through the stomach walls and into the blood. 20% is absorbed in the stomach. Other 80% is absorbed by the small intestine. What will happen when food is in the stomach? Will absorption be slowed? 9/30/2020 Property of CTE Joint Venture 30

Slow the absorption Food in the stomach will slow down absorption of alcohol into the blood. 9/30/2020 Property of CTE Joint Venture 31

Organs most affected by alcohol Alcohol (ETOH) is attracted to water. Once in the body, it will go to the organs containing high levels of water. Brain Liver Muscle tissue Kidney 9/30/2020 Property of CTE Joint Venture 32

Not affected Body parts that don’t contain large amounts of water: Bones Fat tissue 9/30/2020 Property of CTE Joint Venture 33

Men versus Women What does this mean? Alcohol will effect men and women differently. If both drank the same amount of alcohol: Men Women More muscle tissue. More fatty tissue More water in their bodies Less water in their bodies More places to store alcohol Less places to store alcohol Lower BAC Higher BAC 9/30/2020 Property of CTE Joint Venture 34

Elimination of Alcohol Liver processes majority Also is expelled through sweating, breath and urine. Rate of elimination is about 0. 015 an hour. How long will it take to get rid of the alcohol if someone had a BAC of 0. 15? 9/30/2020 Property of CTE Joint Venture 35

Driving under the influence BAC- blood alcohol concentration. Br. AC- Breath alcohol concentration. Is measured by the number of grams of pure ethanol in 100 milliliters of blood. 9/30/2020 Property of CTE Joint Venture 36

How much would you have to drink to be impaired in Arizona Go to the following website : http: //bloodalcoholcalculator. org/ Find out how much you would have to drink to be impaired. * Drinking underage is against the law, this information is strictly for instructional purposes. 9/30/2020 Property of CTE Joint Venture 37

DUI Chemical Tests Blood Breath ◦ Preliminary Breath Test (PBT) Lacks ability to print ◦ Evidentiary Breath Test CMI National Patent Analytical Systems Drager Urine 9/30/2020 Property of CTE Joint Venture 40

Three phases of a DUI Investigation Vehicle in Motion 2. Personal Contact 3. Pre-arrest Screening 1. 9/30/2020 Property of CTE Joint Venture 41

Vehicle in Motion Start to build your reason for making a traffic stop ◦ Moving violation ◦ Equipment violation ◦ Registration violation ◦ Drifting ◦ Weaving in lanes ◦ Slower than normal speed ◦ Drinking in vehicle 9/30/2020 Property of CTE Joint Venture 42

Questions What would draw your attention to a vehicle? What kinds of violations may result from slowed reactions? What violations might result from impaired judgment? What violations might result from impaired vision? What violations might result from poor coordination? 9/30/2020 Property of CTE Joint Venture 43

Personal Contact Face to face contact with driver Use your senses ◦ Smell ◦ Vision ◦ Hearing 9/30/2020 Property of CTE Joint Venture 44

Pre-arrest Screening Horizontal Gaze Nystagmus Walk and turn test One leg stand test 9/30/2020 Property of CTE Joint Venture 45

Horizontal Gaze Nystagmus Have the person sitting next to you follow your finger. You should notice a smooth pursuit unlike the video we saw. 9/30/2020 Property of CTE Joint Venture 46

Field Sobriety Tests Teacher models Non-volunteer demonstrates Student pairs demonstrate 9/30/2020 Property of CTE Joint Venture 47

Closure On your bellwork paper, fill in the column What You Learned. Share with your partner. Be ready to share with the class. WHAT YOU KNOW WHAT YOU WANT TO KNOW 9/30/2020 WHAT YOU LEARNED Property of CTE Joint Venture 48