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Intoxicated Driving

Intoxicated Driving. “They are probably going to set four billion bond, so you got that in your wallet?” – John P. Barton. What If ?. .357 sig round 125 grain Weight- 8.1 grams Velocity- 1430 feet per second Knock Down Power- 568 ft pounds. Average American Automobile Mid-Size Sedan

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Intoxicated Driving

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  1. Intoxicated Driving “They are probably going to set four billion bond, so you got that in your wallet?” – John P. Barton

  2. What If ?

  3. .357 sig round 125 grain Weight- 8.1 grams Velocity- 1430 feet per second Knock Down Power- 568 ft pounds Average American Automobile Mid-Size Sedan Size- 6.5 feet wide 14 feet long Weight- 4200 pounds Velocity- 103 feet per second Knock Down Power- 294,000 ft pounds Comparison

  4. 10,839Same as 1 Airline Crash Killing 207 passengers once a week

  5. What If ?

  6. John Patrick Barton, 30 Kandace Hull, 33 Autumn Caudle, 13 Barton's car was traveling 134 mph and his blood-alcohol content was three times the legal limit when his car struck the Argyle family.

  7. TEXAS PENAL CODE CHAPTER 49

  8. (A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or • (B) having an alcohol concentration of 0.08 or more. "Intoxicated"

  9. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.(b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours Sec. 49.04. DRIVING WHILE INTOXICATED

  10. .(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days. • (d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor. Sec. 49.04. DRIVING WHILE INTOXICATED

  11. (1) the person is intoxicated while operating a motor vehicle in a public place; and • (2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.(b) An offense under this section is a state jail felony. Sec. 49.045. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER.

  12. Sec. 49.05. FLYING WHILE INTOXICATED. • Sec. 49.06. BOATING WHILE INTOXICATED. • Sec. 49.065. ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED. OTHER CHAPER 49 OFFENSES

  13. A person commits an offense if the person, by accident or mistake while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another. • (b) In this section, "serious bodily injury" means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.(c) an offense under this section is a felony of the third degree. Sec. 49.07. INTOXICATION ASSAULT.

  14. Sec. 49.08. INTOXICATION MANSLAUGHTER. (a) A person commits an offense if the person:(1) operates a motor vehicle in a public place and • (2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.(b) an offense under this section is a felony of the second degree. Sec. 49.08. INTOXICATION MANSLAUGHTER.

  15. Second DWI - Class A misdemeanor • Third DWI - 2nd Degree Felony • Injury to First Responder - 2nd Degree Felony • Death to First Responder – 1st Degree Felony • Traumatic brain injury that results in a persistent vegetative state. - 2nd Degree Felony Sec. 49.09. ENHANCED OFFENSES AND PENALTIES

  16. ALCOHOLIC BEVERAGE CODE CHAPTER 106

  17. DRIVING UNDER THE INFLUENCE OF ALCOHOL BY MINOR. • (a) A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor's system • (b) an offense under this section is a Class C misdemeanor. • (g) An offense under this section is not a lesser included offense under Section 49.04, 49.045, or 49.06, Penal Code. Sec. 106.041.

  18. Sec. 106.02. PURCHASE OF ALCOHOL BY A MINOR. • Sec. 106.025. ATTEMPT TO PURCHASE ALCOHOL BY A MINOR. • Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. • Sec. 106.05. POSSESSION OF ALCOHOL BY A MINOR. • Sec. 106.07. MISREPRESENTATION OF AGE BY A MINOR OTHER OFFENSES

  19. Addressing The Issues

  20. Make impaired driving deterrence and enforcement a high priority in your agency and in your community. • Understand that impaired driving is a major threat to the public and to police officers specifically. • Determine your goals for zero impaired driving in your community. Also include goals for reducing underage alcohol possession and DUI arrests. • Investigate research-proven enforcement models, new equipment and other resources to accomplish your agency goals. • Use saturation patrols for arrests and publicize outcomes. LAW ENFORCEMENT

  21. Training and more training. Standardized field sobriety testing (SFST) is the cornerstone of DWI enforcement. • Decrease DWI processing time. “Agencies should invest in new reporting technology that can reduce the time officers spend completing DWI arrest reports. • Consider assigning trained officers to take over the processing of DWI suspects after patrol officers make the initial stop. • Take underage drinking prevention and enforcement efforts seriously. • Team up with community stakeholders LAW ENFORCEMENT

  22. "We must reject the idea that every time a law's broken, society is guilty rather than the lawbreaker. It is time to restore the American precept that each individual is accountable for his actions." Ronald Reagan

  23. You Provide Accountability Deterrence = Fines Education: Driving Safety Courses Teen Court Deferred Disposition

  24. Which are you?

  25. Ray Dittrich  SFST Program Manager Texas Municipal Police Association 6200 La Calma Drive Austin TX, 78752 ray.dittrich@tmpa.org Office - 800 / 848 - 2088 Office - 512 / 454 - 8900 Cell - 512 / 560 - 5080

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