1 / 55

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

chaka
Download Presentation

DWI/DUI

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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

More Related