Impaired Driving Arrests

1. The law enforcement perspective Impaired Driving Arrests Captain Ronnie Hampton Oklahoma Highway Patrol Oklahoma Impaired Driving Prevention Summit

2. How do law enforcement officers contact impaired drivers? • Enforcement Stops : Vehicles in Motion • Vehicle Collisions : O.S. 22-196.A.5 • Citizen Reports : 911 and *55 calls • Police Roadblocks : DL/Vehicle safety vs. DUI • General Patrol & APC arrests - Community care taking function of law enforcement. Oklahoma Impaired Driving Prevention Summit

3. Motor Vehicle Collisions • Title 22-196.A.5 provides the statutory authority to make an arrest not committed in LEpresence. • Statements made by the driver during the initial investigative stages: • Is the setting non-custodial ? • Terry-type stop atmosphere • Has the driver consumed alcohol or drugs since the collision occurred? • Witnesses that observed driving should be listed for both the criminal and administrative (DL) cases.

4. Citizen Reports • Request dispatcher obtain name and phone number for reporting party • If possible, request witness stop at a safe location for field interview • Officers need to witness reasonable grounds and/or probable cause to make the stop, which corroborates reporting party’s observation (s) Oklahoma Impaired Driving Prevention Summit

5. Police Roadblocks • We use the term “checkpoints”. The SCOTUS considers checkpoints as roadblocks and un-warranted seizures, but have ruled they are constitutional seizures, IFcase law is followed. • DL/Vehicle Safety checkpoints are constitutional IF the purpose is to check for unlicensed drivers and unsafe vehicles. (See Lookingbill v State) • DUI (See Michigan Department of State Police v Sitz) Oklahoma Impaired Driving Prevention Summit

6. What SCOTUS Says Makes a Roadblock a Reasonable Seizure • A weighing of the gravity of the public concerns served by the seizure; • The degree to which the seizure advances the public interest; and • The severity of the interference with individual liberty.  Oklahoma Impaired Driving Prevention Summit

7. Parameters in Oklahoma • The operation must be rationally related to the stated public purpose; • The operation must be carried out in accordance with agency guidelines limiting officer discretion and assuring all motorists are treated equally; and • The operation must be planned and carried out in a manner that minimizes invasion of motorist privacy.  Oklahoma Impaired Driving Prevention Summit

8. Specific Standards to be Considered • the stated purpose of the operation; • the approval of superior officers; • the degree of compliance with the established agency standards; • the time, location, and duration of the checkpoint; • the steps taken to inform motorists of the reason for the stop; and • the duration of the individual stop Oklahoma Impaired Driving Prevention Summit

9. General Patrol • While on routine patrol, law enforcement officers witness poor driving behavior(s) and detect violations of traffic laws. • When observed reasonable grounds and/or probable cause exists to contact a motorist. • Upon contact with the motorist, signs and/or symptoms associated with intoxicated drivers are detected. • Asking questions that we may use against the driver later. WHY can we do this ? Oklahoma Impaired Driving Prevention Summit

10. Terry-Type StopBrendlin v CaliforniaArizona v Johnson • ANSWER: • A traffic stop is associated more with a Terry-type stop detention rather than a custodial (Miranda) type setting. Therefore, we may ask questions while in the investigatory stage prior to forming the opinion to make a custodial arrest. Oklahoma Impaired Driving Prevention Summit

11. Using the in car videoPhysical Evidence • Observing the vehicle in motion, articulate the actions you see and what they mean to you. • Turn down police radios so the ambient radio traffic doesn’t interfere with what you’re documenting. • Have audio outside the patrol unit (using your body mic.) • Make sure police lighting doesn’t effect what the camera is seeing. • Create a stage and conduct pre-arrest screening , SFST performance, arrest and inventory. Oklahoma Impaired Driving Prevention Summit

12. Not So Standardized Field Sobriety Testing Oklahoma Impaired Driving Prevention Summit

13. Standardized Field Sobriety Testing (SFST) • Do we perform SFST? • Yes or No • Do we need to perform SFST? • Is the person visibly intoxicated to the point it’s obvious to the common person? • What do SFST tell us ? • That the person shows indicators of intoxication and more than likely IS intoxicated (greater than 0.08) • More important what does the SFST tell the jury ? • This depends on how well you articulate what the jurors see in the video and how you explain the contents of the video. Oklahoma Impaired Driving Prevention Summit

14. SFSTDocumentation • Make notes! • Documentwhat you observed. • Articulate! • Understand clues may be very obvious to you, however, they may not mean a lot to a juror • Practice! • Explain what clues mean; try explaining it to your non- police friends Oklahoma Impaired Driving Prevention Summit

15. Title 4711-902.n If qualified by knowledge, skill, experience, training or education, a witness shall be allowed to testify in the form of an opinion or otherwise solely on the issue of impairment, but not on the issue of specific alcohol concentration level, relating to the following: • The results of any standardized field sobriety test including, but not limited to, the Horizontal Gaze Nystagmus(HGN) test administered by a person who has completed training in standardized field sobriety testing; or • Whether a person was under the influence of one or more impairing substances and the category of such impairing substance or substances. A witness who has received training and holds a current certification as a drug recognition expert (DRE) shall be qualified to give the testimony in any case in which such testimony may be relevant. Oklahoma Impaired Driving Prevention Summit

16. Non-SFST • Police have, for many years, used a variety of non-standardized field sobriety tests. • May be used when a person cannot perform SFST or in addition to SFST. • Shows the inability to perform divided attention tasks. • Used by DRE’s during their evaluation. Oklahoma Impaired Driving Prevention Summit

17. Statutory Law • It is unlawful and punishable as provided in this section for any person to drive, operate, or be in actual physical control of a motor vehicle within this state, whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings, who: • Has a blood or breath alcohol concentration, as defined in Section 756 of this title, of eight-hundredths (0.08) or more at the time of a test of such person’s blood or breath administered within two (2) hours after the arrest of such person; • Is under the influence of alcohol; • Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle; or • Is under the combined influence of alcohol and any other intoxicating substance which may render such person incapable of safely driving or operating a motor vehicle. Oklahoma Impaired Driving Prevention Summit

18. OUJI • What is OUJI? • Oklahoma Uniform Jury Instructions • Outlines the elements of a crime • Can be found online: • http://www.oscn.net/applications/oscn/index.asp?ftdb=STOKJU&level=1 -or- • Google “Oklahoma Uniform Jury Instructions” Oklahoma Impaired Driving Prevention Summit

19. OUJI CR 6-18Elements of the crime • No person may be convicted of driving a motor vehicle (while under the influence of alcohol)/(with a blood/breath alcohol concentration of .08 or more) unless the State has proved beyond a reasonable doubt each element of the crime. These elements are: • First, driving; • Second, (with a blood/breath alcohol concentration of 0.08 or more)/(while under the influence of alcohol); • Third, a motor vehicle; • Fourth, on a highway/turnpike/(public parking lot); • [Fifth, the blood/breath alcohol test was administered on a sample taken from the defendant (within 2 hours after arrest)/(as soon as practical after the fatality/injury accident).] Oklahoma Impaired Driving Prevention Summit

20. OUJI CR 6Drugs • No person may be convicted of driving a motor vehicle while under the influence of an intoxicating substance unless the State has proved beyond a reasonable doubt each element of the crime. These elements are: • First, driving; • Second, a motor vehicle; • Third, on a highway/turnpike/(public parking lot); • Fourth, while under the (influence of any intoxicating substance other than alcohol)/(combined influence of alcohol and any other intoxicating substance) which may render a person incapable of safely driving a motor vehicle. Oklahoma Impaired Driving Prevention Summit

21. Preparing the Case for Criminal Prosecution • Think in terms of evidence: • Testimonial • Witness testifying from the witness stand • Physical • In-Car Video and Jail videos of booking • Documentary • Officers Affidavit and Notice of Revocation • OSBI Blood Test Results • Demonstrative • Any charts or diagrams that assist the jurors in understanding testimonial evidence. Oklahoma Impaired Driving Prevention Summit

22. Preparing the Case for the Prosecutor • List all witnesses • The more testimonial evidence, the stronger the case is. • List the physical evidence • If you have In-Car Video, make sure its listed as an evidentiary item • List your documentary evidence • Show the breath test results (Officers Affidavit) • Remember the Triple III return is only a starting point. A judgment and sentence report is required to show a previous DUI within 10 years. Oklahoma Impaired Driving Prevention Summit

23. Preparing for the Implied Consent Action • DPS Hearing Officer needs: • Same evidence, although the burden of proof isn’t the same • Hearing Officers may allow attorneys to travel outside the scope - Why would they do this ? • Many times the Hearing Officer may be the person representing DPS at a District Court appeal. Oklahoma Impaired Driving Prevention Summit

24. Law Enforcement Partnerships • Joint Checkpoints and Saturation Patrols • OHSO Safe Communities Group • Joint Press Conferences • Coordinated/ Unified Media Releases regarding DUI enforcement • Creating and Participating in Traffic Safety Coalitions Oklahoma Impaired Driving Prevention Summit

25. Conducting a DUI Emphasis • Partnership with other Law Enforcement Agencies • Contact the jail to establish a procedure for high number of arrests and pre-booking forms • Communicate with the prosecutor so they can expect high volumes of arrests and prepare their staff. • Assign an officer to liaison during the event and the next business day to assist prosecutors in preparing charges. Oklahoma Impaired Driving Prevention Summit

26. Creating a partnership with other law enforcement agencies • Make contact with city, county, tribal and state agencies. They may assign officers to participate in your operation or simply provide levels of support for the operation. • The combined work during a saturation from a variety of law enforcement agencies can be very demonstrative for post event press releases. Oklahoma Impaired Driving Prevention Summit

27. Jail Facility • Contact the jail administrator and/or Sheriff to learn the documentation they will need to expedite large volumes of arrests. • Create drop locations for officers to ensure the jail staff have the necessary charges and officer paperwork to complete the intake process. • Agree upon the manner and time that an officer stays present inside the confinement facility before being released to resume patrol. Oklahoma Impaired Driving Prevention Summit

28. Prosecutor • Notify your prosecutor of upcoming DUI emphasis operations. • Determine what the prosecutor’s office may need to handle large amounts of arrest paperwork the next business day. • Brief the officers participating on the prosecutor’s needs. • Have an officer assigned the next business day to liaison with the prosecutor’s staff to assist with preparing the criminal information. Oklahoma Impaired Driving Prevention Summit

29. Press Notification Before and After • One strategy of DUI Emphasis Operations is to disseminate a press release stating that, sometime in the month of July, local law enforcement will conduct a DUI saturation. • Once the saturation is conducted, release the results of the emphasis. • This can be very effective on subsequent operations with the goal of getting compliance rather than making arrests. Oklahoma Impaired Driving Prevention Summit

30. Questions??? Oklahoma Impaired Driving Prevention Summit