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DWI/DUI

DWI/DUI. Ultimate Goal. Increase DWI deterrence and decrease alcohol related crashes deaths and injuries. PRIOR TO AN ACCIDENT INVOLVING A 17 YEAR OLD DRIVER WHO HAD BEEN DRINKING. Jackie Saburido. DWI PROBLEM. Prior to 1994, nearly half of the drivers who died in crashes had been drinking

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DWI/DUI

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  1. DWI/DUI

  2. Ultimate Goal • Increase DWI deterrence and decrease alcohol related crashes deaths and injuries

  3. PRIOR TO AN ACCIDENT INVOLVING A 17 YEAR OLD DRIVER WHO HAD BEEN DRINKING

  4. Jackie Saburido

  5. DWI PROBLEM • Prior to 1994, nearly half of the drivers who died in crashes had been drinking • In 2012, alcohol was involved in 30 percent of all fatal crashes

  6. ONE IN SEVEN DRIVERS IS ARRESTED FOR DUI IN MN

  7. HIGHEST NUMBER OF DEATHS IN 1984 WITH 332 • LOWEST IN 2011----111---involving ETOH

  8. 2012 • 395 KILLED ON MN ROADS • UP 7% • MOST COMMON FACTORS????

  9. DRIVER INATTENTION/DISTRACTION • FAILURE TO YIELD RIGHT OF WAY • ILLEGAL OR UNSAFE SPEEDS

  10. 2012 • 131 DEATHS TOTAL • 3837 ACCIDENTS INVOLVING ALCOHOL

  11. DUI COSTS IN 2012 • $262,906,600

  12. AVERAGE DAY IN MN • 198 CRASHES • 1 DEATH • 96 INJURIES • $4.2 MILLION AVERAGE DAILY COST

  13. PERCENTAGE OF IMPAIRED DRIVERS WHO DIE • 61%

  14. .10 to .08 • In 2000 • President Bill Clinton

  15. .08% • IN JULY, 2005 MN CHANGED IT’S DUI THRESHOLD FROM .10 TO .08

  16. THE AVERAGE DRIVER • MAKES 400 OBSERVATIONS • MAKES 40 DECISIONS • MAKES 1 MISTAKE EVERY TWO MILES …….AND THIS IS WHEN THEY ARE SOBER!!!!

  17. NUMBER OF LICENSED DRIVERS • 3,035,553

  18. What is the month with the most DUI arrests?

  19. AUGUST

  20. MOST DEADLY MONTH? • OCTOBER

  21. MONTH WITH THE MOST CRASHES • JANUARY

  22. COUNTIES IN MN • COUNTY WITH THE MOST DUI ARRESTS?

  23. HENNEPIN COUNTY

  24. TYPICAL FRI AND SAT NIGHTS • ONE OUT OF SEVEN DRIVERS LEAVING BARS IS A DUI

  25. DWI ARRESTS IN MN 2012 • 28,418 40% of these had at least one prior DUI 1,783 (6%) less than 21 years old

  26. MALES VS FEMALES • MALES 67% • FEMALES 25% • FEMALES ARE ARRESTED MORE OFTEN

  27. Decrease of 8% • But is that due to a lack of increase of police officers hired in relationship to the population???

  28. AGES • 21-34 YEARS OF AGE 52% • UNDER 21 YEARS OF AGE 7%

  29. DANGEROUS DAY OF THE WEEK • SATURDAYS------24%

  30. TIMES MOST DANGEROUS TIME FOR AN ALCOHOL CRASH OCCURS BETWEEN THE HOURS OF 0000 AND 0400 SUNDAY MORNING

  31. GENERAL DETERRENCE • FEAR OF JAIL AND LOSS OF $$$

  32. Basic DWI Statute • It is unlawful for any person to……. • Drive, operate, or be in physical control of any motor vehicle within this state while under the influence of alcohol and/or any controlled substance

  33. PHYSICAL CONTROL—No specific definition “ONE CHEEK RULE” • WITHIN STATE—includes private property • Courts have deemed that the vehicle does not need to be operable

  34. DUI ENFORCEMENT • REASONABLE SUSPICION • WEAVING WITHIN LANE • FLUCTUATING SPEED • “LOOKS DRUNK”

  35. Reasonable Suspicion • Threshold is very low • Something more than a mere hunch or guess • Less than probable cause • TOTALITY OF CIRCUMSTANCES

  36. STOPS BASED ON CITIZEN REPORTS • Before making stop, confirm with dispatch that they have the caller’s identity and why they think the driver is intoxicated • If caller is anonymous, you should have your own independent observations of driving conduct

  37. MN STATE STATUTE • 169A.20----BASIC STATUTE • 169A.24-----1ST DEGREE FELONY • 169A.25----2ND DEGREE GM • 169A.26----3RD DEGREE GM • 169A.27----4TH DEGREE MISD • 169A.50----IMPLIED CONSENT

  38. AGGRAVATING FACTORS • Each DWI conviction or Implied Consent entry in the last 10 years • Test over .20 AC • Child endangerment—child less than 16 yrs old and greater than 36 month age difference

  39. 4TH DEGREE • DWI AND NO AGGRAVATING FACTORS • MISDEMEANOR

  40. THIRD DEGREE • DWI AND ONE AGGRAVATING FACTOR • GROSS MISDEMEANOR

  41. SECOND DEGREE • DWI AND TWO AGGRAVATING FACTORS • GROSS MISDEMEANOR

  42. FIRST DEGREE • FOURTH DWI WITHIN TEN YEARS • PRIOR FELONY DWI CONVICTION • FELONY

  43. TEST REFUSAL • 169A.20 SUBD 2 • GROSS MISDEMEANOR IN ALL CASES

  44. TEST REFUSAL • CHARGE IN ADDITION TO THE DWI OFFENSE • PENALITIES ARE DEPENDANT UPON THE DEGREE FOR WHICH THE DRIVER WAS ORIGINALLY ARRESTED

  45. AID AND ABET • EVERY PERSON WHO AIDS OR ABETS IN THE COMMISSION OF ANY ACT DECLARED IN 169A TO BE AN OFFENSE IS GUILTY OF THAT OFFENSE • Owner of car lets them drive

  46. WHISKEY PLATES • 2ND DUI • .20% OR GREATER • GM OFFENSE • CHILD UNDER THE AGE OF 16 YEARS • LICENSE CANCELED FOR INIMICAL TO PUBLIC SAFETY

  47. LICENSE PLATES STAY ON FOR ONE YEAR • VIOLATOR MAY NOT DRIVE A CAR UNLESS THERE ARE WX PLATES

  48. CASE LAW • STATE VS HENNING • Can’t stop a vehicle that only has special series plates WX etc • Can pay more attention to that vehicle • Establish individual suspicion

  49. STATE VS PIKE • Can stop a vehicle if it is believed the driver is revoked

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