Department Training. Village of Chester Police Department. Brad Natalizio Police Officer Village of Chester 47 Main Street Chester, NY 10918. Driving While Intoxicated Arrest Processing VTL 1192. Objectives.
Brad Natalizio Police Officer Village of Chester 47 Main Street Chester, NY 10918
Driving While Intoxicated Arrest Processing VTL 1192
Objectives Upon completion of training each Police Officer will be able to verbally or in writing, without reference to notes, 1. State two factors that may raise the degree of impairment when consuming alcohol. 2. State four signs that the operator of a vehicle may be intoxicated up on initial approach of vehicle. 3. Properly Fill out a DWI Investigative Notes Card.
Objectives 4. State the circumstances under VTL 1194-a that a Court Ordered Blood Test is required. 5. State the length of the observation period. 6. Properly fill out D.W.I. Bill of Particulars. 7. Properly fill out Report of Refusal to Submit to Chemical Test form. 8. Properly process a felony D.W.I. 9. Identify proper D.W.I. VTL Laws.
Establishments That Serve Alcohol in the Village of Chester Henry J’s GW’s Lobster Pier Maggie’s in the Alley/ Boodles Chester Billiards Club Tina’s Pizzeria The Castle Brother Bruno’s Magoya Clayton Delaney’s
What is Blood Alcohol Content (B.A.C.)? The amount of alcohol in a person’s body is measured by the weight of the alcohol in a certain volume of blood. Ex: When a person has a 0.10% BAC, he or she has a blood alcohol equivalent of one tenth of one percent BAC measurements provide an objective way to identify levels of impairment, because alcohol concentration in the body is directly related to impairment.
How the body responds to alcohol The degree of impairment: The amount you drink Strength of drink Rate of consumption Whether you've eaten before or while drinking Your body weight Length of time spent drinking Emotional State Gender Drug use
How the body responds to alcohol Absorption: Once the alcohol gets into the stomach, it has to move into the blood, process called absorption. Alcohol doesn’t have to be digested in order to move from the stomach to the blood. Alcohol can pass directly through the walls of the stomach.
How the body responds to alcohol Distribution: Once the alcohol moves from the stomach into the blood, it will be distributed throughout the body by the blood. The blood will carry the alcohol to various tissues and organs of the body. Very little alcohol will be deposited in the drinker’s body fat. (Explains BAC’s from women and men) Pound for pound, the female body contains less water and more fat then the male body.
How the body responds to alcohol Elimination: As soon as alcohol starts to enter the blood stream, the body starts trying to get rid of it. Some alcohol will be expelled from the body chemically unchanged (breath, urine, sweat, tears, ect.) Most of the alcohol a person drinks is eliminated by metabolism.
How the body responds to alcohol Alcohol acts primarily on the nerve cells within the brain. Alcohol interferes with communication between nerve cells and all other cells, suppressing the activities of excitatory nerve pathways and increasing the activities of inhibitory nerve pathways.
How the body responds to alcohol Alcohol is a depressant, which means it slows the function of the central nervous system. Alcohol actually blocks some of the messages trying to get to the brain. This alters a person's perceptions, emotions, movement, vision, and hearing.
How the body responds to alcohol People who have overused alcohol may stagger, lose their coordination, and slur their speech. They will probably be confused and disoriented Behavioral cues (Inhibitions, Judgments, Reactions, Coordination) changes in people’s behavior after consuming alcohol.
How the body responds to alcohol Although outward appearances vary, virtually all drivers are substantially impaired at .08 B.A.C. With each drink consumed, a person’s blood alcohol concentration increases
How the body responds to alcohol Frontal Lobe of the Brain Affected at BAC’s between 0.01 to 0.10%. This area of the brain controls higher thought processing and cognitive skills. Affects on the frontal lobe include lowering of inhibitions, which leads to increased risk taking. Most driver’s will not notice that their ability to divide attention has decreased. This leads to noticeable changes in a person’s ability to operate a motor vehicle.
How the body responds to alcohol Psychomotor Area Affected by at BACs of 0.10% to 0.20% Controls coordinated motor skills: hand eye coordination slurred speech
How the body responds to alcohol Visuo-Psychic Area Noticeably affected at BAC’s between 0.20 to 0.30% Controls all vision and hearing senses Many driver’s who are involved in night time one vehicle off the road MVA’s may have a BAC of this range Expected affects include problems with depth perception, night blindness, double vision and dulled hearing.
How the body responds to alcohol Cerebellum Recognizable impairment at BAC’s of 0.15 to 0.35% Controls balance, the ability to walk (CLUE FOR SFST’s)
How the body responds to alcohol Medulla Oblongata Affected when BAC’s approach 0.40%. Controls involuntary functions of the body This area of the brain controls heartbeat, blood pressure, respirations, and body temperature. Call EMS
How the body responds to alcohol Research findings suggest that the most crucial aspect of impairment is the reduction in the ability to handle several tasks at once. This skill is precisely what driving a motor vehicle requires. The risk of being in a crash rises gradually with each BAC level, but then rises very rapidly after a driver reaches or exceeds .08 BAC compared to drivers with no alcohol in their system.
How the body responds to alcohol Research by the Insurance Institute for Highway Safety indicates that the relative risk of being killed in a single vehicle crash for drivers at BACs between .05 and .09 is 11 times that of drivers with no alcohol in their system. Laboratory and on-road research shows that the vast majority of drivers, even experienced drivers, are significantly impaired at .08 with regard to critical driving tasks such as braking, steering, lane changing, judgment and divided attention.
D.W.I. Stats In the United States alcohol related motor vehicle crashes kill someone every 31 minutes and injure someone every two minutes. Although driving intoxicated is a seemingly victimless crime, it is most often deadly. Alcohol-related traffic accidents in 2005 accounted for nearly 17,000 American deaths and over 700,000 injuries. The national economic loss is estimated at more than $50 billion every year.
D.W.I. Stats Male drivers involved in fatal motor vehicle crashes are almost twice as likely as female drivers to be intoxicated with a blood alcohol concentration (BAC) of 0.08% or greater. Among drivers involved in fatal crashes, those with BAC levels of 0.08% or higher were nine times more likely to have a prior conviction for driving while impaired (DWI) than were drivers who had not consumed alcohol. Consuming four drinks in one hour can raise the blood-alcohol level of a 150-lb man to about 0.10%.
D.W.I. Stats Between 7 pm and 3 am on weekends, 10% of all drivers are legally impaired Every weekday night from 10 p.m. to 1 a.m., one in 13 drivers is drunk (BAC of .08 or more). Between 1 a.m. and 6 a.m. on weekend mornings, one in seven drivers is drunk.
V & T Observations Reason for stop: VTL Violations Traffic Accident Civilian Complaint
V & T Observations Observations upon approach of operator during V & T Stop: Signs that the operator may be intoxicated: Odor of an alcoholic beverage (other cover up odors) Bloodshot eyes Watery eyes Droopy Eyelids Slurred Speech Fumbling through documents Attitude of operator
V & T Observations Observations of exit of vehicle: Signs that the operator may be intoxicated: Poor coordination (holding onto door) Staggering (using vehicle for balance) Swaying Items falling out of vehicle upon exit Disheveled clothing Observation/ smell of urine
V & T Observations Admissions: Signs that the operator may be intoxicated: Operator’s Admissions: How many drinks Type of alcoholic drink Location of last drink Driving to/ from Other (“Last night I got fucking drunk”)
V & T Observations Evidence: Signs that the operator may be intoxicated: Open container’s of alcohol in the vehicle Civilian statement’s
Standardized Field Sobriety Tests A group of tests selected to help increase the ability of law enforcement officers to detect driver impairment. The results of this battery, usually administered along the roadside, contribute extensively to a law enforcement officer's decision to arrest a person for impaired driving Test divided attention
Standardized Field Sobriety Tests The main purpose of the field sobriety tests is to demonstrate the association of alcohol or drug use with the observable evidence of the subject's impairment. The subject's impairment is established through sensory evidence: what the officer sees, hears and smells. Field sobriety tests are given to test the subject's psychophysical abilities; they measure the subject’s ability to handle both physical and mental tasks simultaneously, these abilities are needed for safe driving: balance, coordination and information processing.
Standardized Field Sobriety Tests Field sobriety tests should, under normal conditions, be given at the scene in a safe location near the side of the roadway. A battery of tests, Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand, administered and evaluated in a standardized manner to obtain validated indicators of impairment based on National Highway and Traffic Safety Administration Research
Standardized Field Sobriety Tests Horizontal Gaze Nystagmus: The officer will position an object (such as a pen) 12 inches away from the driver's nose, and move the object from side to side while watching the subject's eyes. The officer is looking for involuntary jerking or trembling of the eyeball. This jerking or trembling may be a sign that the subject has consumed alcohol and is intoxicated.
Standardized Field Sobriety Tests Horizontal Gaze Nystagmus: Instruction Phase Do you wear glasses or contacts? Do you have any medical problems? I am going to check your eyes. Stand Straight , keep your head still and follow the top of this (stimulus) pen with your eyes only. Keep following the (stimulus) pen with your eyes until I tell you to stop. Do you understand?
Standardized Field Sobriety Tests Horizontal Gaze Nystagmus: Check for the following: Lack of smooth pursuit Distinct Nystagmus at Maximum Deviation: Hold for 4 Seconds Onset of Nystagmus Prior to 45 degrees
Standardized Field Sobriety Tests Walk and Turn: Instruction Phase Do you have any problems with your legs/ ankles? Place your left foot on the line (demo) Place your right foot on the line with heel of right foot against the toe of your left foot (demo) Place your arms down at your side (demo) Keep this position until I tell you to begin Do not start to walk until told to do so Do you understand?
Standardized Field Sobriety Tests Walk and Turn: Instruction Phase When I tell you to start, take nine (9) heel-to-toe steps, turn and take nine (9) heel-to-toe steps back (demo) When you turn, keep your lead foot on the line and turn by taking a series of short choppy steps with the other foot (demo)
Standardized Field Sobriety Tests Walk and Turn: Instruction Phase While you are walking: Keep both arms at your sides Watch your feet at all times Count each step out loud Once you start walking, don’t stop until you have completed the test. Do you understand? You may begin the test
Standardized Field Sobriety Tests Walk and Turn: Check for the following: During instruction phase check for balance and starting to soon During test check for: not touching heel-to-toe stepping off line stopping uses arms for balance wrong number of steps Improper turn
Standardized Field Sobriety Tests One Leg Stand: Instruction Phase Do you have any problems with your legs? Please stand with your feet together and your arms down at your sides (demo) Do not start the test until I tell you to do so Do you understand?
Standardized Field Sobriety Tests One Leg Stand: Instruction Phase When I tell you to start, raise one leg, any leg, approximately six (6) inches off the ground, foot pointed out (demo) You must keep both legs straight, arms down at your side While holding that position, count out loud, “one thousand and one, one thousand and two,” ect. Until I tell you to stop
Standardized Field Sobriety Tests One Leg Stand: Instruction Phase Keep your arms at your sides at all times and keep watching your raised foot Do you understand? You may begin the test
Standardized Field Sobriety Tests One Leg Stand: Check for the following: Swaying Arms for balance Hopping Put foot down (max 3) Stop the test after 30 seconds on your watch
Standardized Field Sobriety Tests Alco-sensor : To be performed ONLY after subject is observed to have failed your SFST’s. Residual Mouth Alcohol may give an improper reading of true B.A.C.
Standardized Field Sobriety Tests Roadside D.W.I. Field Note Card: Required
D.W.I. Arrest Processing After Officer observes subject to be intoxicated due to SFST’s, advise subject that he is under arrest for driving while intoxicated (not suspicion of D.W.I.) Backup on scene Rear cuff subject , search, place in rear passenger side of patrol unit Advise for tow
D.W.I. Arrest Processing Chemical Test Warnings: Advise subject Chemical Test/ Miranda Warnings either at scene or back at station. If subject refuses, read at least 3 times (have subject initial copy of original chemical test warning card in used). Document times which warnings were read for arrest report.
D.W.I. Arrest Processing Chemical Test Warnings You are under arrest for driving while intoxicated Refusal to submit to a chemical test, or any portion thereof will result in the immediate suspension and subsequent revocation of your license or operating privilege whether or not you are found guilty of the charge for which you are arrested Your refusal to submit to a chemical test, or any portion thereof, can be introduced into evidence against you at any trial, proceeding or hearing resulting from this arrest.
D.W.I. Arrest Processing Upon arriving at the station with the suspect (or at the hospital if more than brief minor treatment or exam is expected), the officer shall: Advise the suspect that a request will be made to submit to a chemical test to determine the blood-alcohol content of the suspect;
D.W.I. Arrest Processing Give the suspect the required warning regarding the consequences of refusing to take a chemical test: These warnings should be read directly from a written source of the DWI/MIRANDA RIGHTS; At this point if you are going to question the suspect further about the incident he shall be read the MIRANDA RIGHTS.
D.W.I. Arrest Processing If the defendant requests to call his attorney before submitting, he will be permitted to do so. The defendant will be advised that his failure to contact an attorney does not relieve him of his responsibility to submit to a chemical test. Further refusal to submit because of such failure to contact the attorney shall be deemed a "refusal to submit to a chemical test."
D.W.I. Arrest Processing Observation Period: Document the time observation period has begun. Observe defendant for 20 minutes: Subject must not ingest alcoholic beverages, other fluids, smoke or be allowed to place anything in his or her mouth. If the subject vomits, regurgitates or places anything in their mouth, the subject must be required to rinse their mouth with clear tap water and the observation period restart. If subject is refusing, keep reading chemical test warnings.
D.W.I. Arrest Processing Observation Period: Observation requires that the subject be closely supervised at the testing site where the Breath Analysis Operator must be able to see and hear subject’s actions. The 20 minute observation period eliminates the potential for residual mouth alcohol to effect the test results.
D.W.I. Arrest Processing Datamaster: A scientific instrument that is designed and proven to measure the alcohol concentration in a breath sample. Gives a measure of blood alcohol content by directly measuring the breath alcohol content in a breath sample provided by a subject.
D.W.I. Arrest Processing DATA ENTRY
D.W.I Arrest Processing Datamaster: Advise the subject to take a normal breath and blow into the mouthpiece until told to stop, minimum of 8-10 seconds, or click. Some subjects may attempt to fool the operator into believing that they have provided a proper breath sample when they have not: blowing around the mouthpiece, place their tongue on the mouthpiece. Refusal may consist of words and or actions. Breath test operator must be able to clearly articulate the manner in which the subject refused to submit.
D.W.I. Arrest Processing Datamaster: Only officers that have been certified by the New York State Department of Health shall operate the breath test instrument. Officers shall use and fully complete the proper Operational Check List and other appropriate documentation while conducting the test.
D.W.I. Arrest Processing Officers shall complete the Certification of Breath Test Results form. No radio transmissions shall be made from the booking room during the testing. The Records Supervisor or the Breath Test Maintenance Officer shall complete and sign the bottom of the Evidence Ticket
D.W.I. Arrest Processing Refusals Read Chemical Test Warnings at least three times. Document each time. Have subject initial copy of warnings. Refusals D.W.I. not D.W.A.I. Fill out Report of Refusal to submit to a Chemical Test. Print out DataMaster ticket.
Court Ordered Blood Tests If an officer investigates a motor vehicle accident and establishes reasonable cause to believe: that the person operated a motor vehicle and in the course of such operation a person other than the operator was killed or suffered serious physical injury, that such person operated the vehicle in violation of any subdivision of section 1192 of the NYS VTL, or a breath screening test administered by a police officer, indicates that alcohol has been consumed by such operator, such operator has been placed under arrest, such operator has refused to submit to a chemical test or any portion thereof, or is unable to give consent to such test. The Officer may make an application for a court order to compel submission to a chemical test or any portion thereof.
Court Ordered Blood Test D.W.I. search warrant requires a finding of reasonable cause to believe that: 1. The defendant drove 2. During such driving, killed or seriously injured someone 3. Defendant was intoxicated or impaired or he failed alco-sensor 4. Defendant is under arrest 5. Defendant has refused a test or is unconscious
Court Ordered Blood Test If the requirements of Vehicle and Traffic Law, Section 1194-(a) are met, a Police Officer or District Attorney may request and obtain a court order to compel the person to submit to a chemical test.
Court Ordered Blood Test A court order under this section is the equivalent of a search warrant, and as such, there is no required time limit as to the administration of the test. However, it is preferable to obtain the blood sample within two hours after arrest. A blood test taken under the authority of this order must be administered by competent medical personnel at a hospital.
Court Ordered Blood Test Application Procedures. The officer will prepare an Affidavit in Support of Order Compelling Submission to Chemical Test. The officer must make specific allegations of fact to support such statement and any other person properly identified may present sworn allegations of fact in support of the applicant's statement. The officer will then contact the Supreme Court Judge on-call, (If the on-call Judge can not be reached, the officer may call any Supreme Court Judge or County Court Judge in the 9th Judicial District). Once contacted, the Judge may issue the order in person or telephonically.
Court Ordered Blood Tests Applications Filed in Person. When directed the officer applying shall personally deliver the completed Affidavit to the Judge. After being sworn in the officer must state the facts and circumstances which lead the officer to reasonably believe the need for a court order. The officer must sign the Affidavit in the presence of the Judge.
Court Ordered Blood Test Applications Filed in Person Once the order has been issued, the officer will execute the order and secure the blood samples according to departmental evidence procedures. The written order must be returned to the issuing Judge as he prescribes within 24 hours of the issuance of the order. A copy of the order must be given to the Local Criminal Court, which arraigns the defendant.
Court Ordered Blood Tests Application Filed Telephonically. The officer will make arrangements to tape record the conversation. When contacting the Judge the officer shall advise the Judge that he is requesting an oral application for a court ordered chemical test and advise the Judge that the conversation will be recorded. After being sworn in, the officer shall read, verbatim everything from AFFIDAVIT, (from the top of the first page to the end of the last page).
Court Ordered Blood Test Application Filed Telephonically. The officer shall note and answer any of the Judges questions and the officer’s answers. Upon the order being granted, the officer shall insert the Judges name, date and time on the bottom of the Order Compelling Submission to Chemical Test and sign the form.
Court Ordered Blood Test Application Filed Telephonically Once the order has been issued, the officer will execute the order and secure the blood samples according to departmental evidence procedures. This recording must be transcribed verbatim, certified as to its accuracy, and along with the original recording, filed with the court as directed by the Judge within 24 hours after issuance of the order. A copy of the order must be given to the Local Criminal Court, which arraigns the defendant.
Court Ordered Blood Test Once the order is signed it is best to transport it or fax it to the hospital and then draw blood Have a doctor or nurse draw blood
D.W.I. Arrest Processing D.W.I. Bill of Particulars
Criminal History E-Justice check of subject’s criminal history If subject has been convicted of Driving While Intoxicated within the past ten years, subject is Felony DWI (VTL 1192-2F, VTL 1192-3F) If subject is Felony DWI, long form must be served upon the defendant.
D.W.I. Arrest Processing BAC of .08% or more: the subject shall be issued a uniform traffic summons for DWI per Section 1192 (2) of the V&T Law in addition to the summons for Driving While Intoxicated [V&T 1192 (3)], and summonses for all underlying charges relating to or leading up to the arrest. BAC between .06% and .07%: is indicated, the suspect should be issued summons for driving while impaired under V&T Section 1192 (1)
D.W.I. Arrest Processing IMPACT Blotter Case Arrest D.W.I. Bill of Particulars If Felony D.W.I. fill out long form court info
D.W.I. Arrest Processing Case folder paperwork checklist
D.W.I. VTL LAWS 1192-1: Ability to Operate a Motor Vehicle Impaired 1192-2: Driving While Intoxicated <.08 1192-2F: Driving While Intoxicated <.08 Felony 1192-2a: Aggravated D.W.I. 1192-3: Common Law D.W.I. 1192-3F: Common Law D.W.I. Felony 1194: Refused to Submit to Chemical Test 1194-1B: Refuse Pre Screen Test
D.W.I. Laws/ Charges VTL 1192-1: Operating a motor vehicle with a B.A.C. of .06 to .08 (VIOLATION) VTL 1192-2: Operating a motor vehicle with a B.A.C. of .08 or higher (MISD.) VTL 1192-2a: Operating a motor vehicle with a B.A.C. above .18 (MISD.) VTL 1192-2F: Operating a motor vehicle with a B.A.C. of .08 or higher, and has been convicted of D.W.I. within the past 10 years (FELONY) VTL 1192-3: Common Law D.W.I. (MISD.) VTL 1192-3F: Common Law D.W.I. and has been convicted of D.W.I within the past 10 years (FELONY)