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DUI Investigation

DUI Investigation. Minnehaha County Sheriff’s Office Explorer Post #11. Statute 32-23-1. Driving prohibited with alcohol in blood or while under influence of alcohol. Blood alcohol content over .08 Under the influence of an alcoholic beverage, marijuana, or any controlled drug or substance.

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DUI Investigation

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  1. DUI Investigation Minnehaha County Sheriff’s Office Explorer Post #11

  2. Statute 32-23-1 Driving prohibited with alcohol in blood or while under influence of alcohol • Blood alcohol content over .08 • Under the influence of an alcoholic beverage, marijuana, or any controlled drug or substance. • Under the influence of any controlled drug or substance obtained pursuant to a valid prescription. • Under the combined influence of any alcoholic beverage and or any controlled drug substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving • Under the influence of any substance ingested, inhaled, or otherwise taken into the body as prohibited by 22-42-15 • 22-42-15 Ingesting substance, except alcoholic beverages, for the purpose of becoming intoxicated

  3. statute 32-23-1.2 Sub mission to breath test required by officer-Chemical test after positive breath test • Every person operating a vehicle which has been involved in an accident or which is operated in violation of any of the provisions of this chapter shall, at the request of a law enforcement officer, submit to a breath test to be administered by such. If such test indicates that such operator has consumed alcohol, the law enforcement officer may require such operator to submit to a chemical test in the manner set forth in this chapter.

  4. DWI Investigation phases 1 2 3

  5. Vehicle in motion • What do you see • How’s it operating • Based off your operations • Need to be able to describe the evidence • Write both what they did wrong and what they did right • What to look for • Tries to flee • No response • Slow response • Abrupt weave

  6. Personal Contact Interview and observation of the driver Observe the exit of the passenger What do you see - Bloodshot eyes - Soiled clothing - Falling How they are dressed • Fumbling with their fingers • Alcohol containers • Unusual actions • Bruises, bumps, scratches • What do you hear • Slurred speech • Admission to drinking • Inconsistent responses or contradictions • Unusual statements • Abusive language • Pulling them out • See what their actions are • You will hear comments • Might be angry • Cant open door or get seat belt off • Leaves car in gear • Tend to climb out of the car • Do they use things to help with balance

  7. What do you smell • Alcoholic beverage • Do they try and cover up odors • Other unusual odors • Interviewing them • Divided attention tests • Common one is asking for license and registration • Pose unusual question to verify license information • Be alert for incorrect documents

  8. Pre- Arrest screen • Horizontal Gaze Nystagmus • Equal pupil size is not a clue, just an observation. If pupils are unequal it means possible head trauma. • 6 clues, and its important they are referred to as their complete name is…… • 1. lack of smooth pursuit. • 2. distinct and sustained nystagmus at maximum deviation. • 3. onset of (HGN) prior to 45 degrees. • 4. It's a 77% chance the person's BAC is .10 or above if they show 4 clues. Likewise for the following tests...

  9. Pre- Arrest screen • One Leg Stand • 65% chance a person is .10 or above if they show 2 clues

  10. Pre- Arrest screen • Walk and Turn • cannot keep balance during instruction phase, raise arms, step off line, miss heel to toe, stops walking, actual steps taken, improper turn. 68% chance of .10 or above if 2 clues are observed. • If a person shows 4 clues on HGN, 2 clues on OLS, and 2 clues WAT there is a 80% chance the person is a .10 or above.

  11. Arrest screen • If a person shows 4 clues on HGN, 2 clues on OLS, and 2 clues WAT there is a 80% chance the person is a .10 or above.

  12. Preliminary Breath Test (P.B.T.) • It is a investigatory tool • It is used BEFORE the arrest • IF done after arrest it would be considered evidence, and PBT’s are not admissible as evidence • SDCL 32-32-1.2 PBT Required • No punishment provided for this • Do not base your investigation off of the PBT • Use it when you believe they are impaired, but don’t know if it is from alcohol • Used with sobriety test and not as a replacement

  13. P.B.T. • Designed to operate between the temps of 59-98 degrees • Test can be run every 2 minutes • Mount the mouth piece • Press/release READ button • Depress SET button • Breath Contaminants • Cigarette Smoke • Cooling of breath sample will result in a slightly lower test result • Alcohol residue may result in higher numbers on PBT • Should wait 15 minutes after use of mouth wash, breath sprays, cough syrup • Policies will dictate how you will use the PBT • Do not use as basis for your investigation.

  14. totality of the circumstances

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