2012-2013 Sobriety Checkpoint Program Pre-Operational Training

1. 2012-2013 Sobriety Checkpoint ProgramPre-Operational Training By the California Office of Traffic Safety October – November 2012

2. Agenda • Mobilization Periods • Media Objectives • Data Collection/Reporting • Checkpoint Operations • Checkpoint Supplies • OTS Contacts

3. Funding for this program was provided by a grant from the California Office of Traffic Safety Through the National Highway Traffic Safety Administration

4. 2012-2013 Mobilization Periods • Winter Holiday Mobilization • December 14th – January 1, 2013 • Summer/Labor Day Mobilization • August 16 – September 2, 2013

5. Media Objective – Should issue a kick off press release using the template that will be supplied by UCB prior to your first checkpoint. 5

6. Media Objectivesfor theMobilization Periods If there’s an AVOID campaign in your county, notify the AVOID Regional Coordinator of locations/dates/times as early as possible The AVOID Coordinator will release a joint multi-agency press release to all major media in the region. 6

7. Media Objectives for the Mobilization Periods Should distribute to local community papers, a press release for each checkpoint operation If there are multiple checkpoints within a 7-day period, use a single press release Media Objectives for the Mobilization Periods 7

8. Media Objectives for Outside the Mobilization Periods Distribute to local media, a press release for each checkpoint operation If there are multiple checkpoints within a 7-day period, use a single press release 8

9. Media Objectives To enhance overall general deterrence, OTS recommends that the exact checkpoint location or an approximate location not be given to the media. Media Objectives 9

10. Reporting of Drugs and DUI Drugs to the Media Any DUI Drug-impaired arrests made as the result of the checkpoint operation should be incorporated into the after-action media news release. If it’s marijuana be sure to list it out separately. 10

11. Media Objectives Should use California’s DUI tagline on all news releases and checkpoint publication materials: Report Drunk Drivers. Call 911. Media Objectives 11

12. Media Objectives If using the OTS press release template, there is no need to obtain OTS approval in advance. If a non-OTS press release format/copy is used, it is recommended you submit to OTS Public Information Officer at pio@ots.ca.gov at least 14 days in advance of the operation (or ASAP before each checkpoint). Media Objectives Media Objectives • If using the OTS press release template, there is no need to obtain OTS approval in advance. • If a non-OTS press release format/copy is used, it is recommended you submit to OTS Public Information Officer at pio@ots.ca.gov at least 14 days in advance of the operation (or ASAP before each checkpoint). • If using the OTS press release template, there is no need to obtain OTS approval in advance. • If a non-OTS press release format/copy is used, it is recommended you submit to OTS Public Information Officer at pio@ots.ca.gov at least 14 days in advance of the operation (or ASAP before each checkpoint). 12

13. Media Objectives Should send to SafeTREC: All press releases, media advisories, alerts and other press materials Copies of all newspaper articles and short descriptions of broadcast news stories Media Objectives 13

14. Media Objectives For combination DUI/DL checkpoints, agencies should issue press releases that indicates Drivers Licenses will be checked at the DUI/Drivers License checkpoint. Media Objectives

15. Media Potential News Release Material Media Potential News Release Material • According to NHTSA, sobriety checkpoint programs can yield considerable cost savings: $6 for every $1 spent. • According to NHTSA, sobriety checkpoints have provided the most effective documented results of any of the DWI enforcement strategies. • The DMV reports unlicensed drivers are 4.9 times more likely to cause a fatal crash than a licensed driver. • According to NHTSA, sobriety checkpoint programs can yield considerable cost savings: $6 for every $1 spent. • According to NHTSA, sobriety checkpoints have provided the most effective documented results of any of the DWI enforcement strategies. • The DMV reports unlicensed drivers are 4.9 times more likely to cause a fatal crash than a licensed driver. 15

16. Media Potential News Release Material • The checkpoint will be staffed by officers trained in the detection of alcohol and drug impairment to provide on-the-spot assessments of drivers suspected of drug impairment. • The primary purpose of a DUI Checkpoint is to increase awareness, deter impaired driving and to arrest those drivers who are found to be under the influence. 16

17. Media Potential News Release Material • All checkpoints are conducted in accordance with the guidelines for DUI checkpoint operations outlined in the California Supreme Court decision, Ingersoll v. Palmer. • The checkpoint location was chosen because it has a history of having a high incidence of alcohol crashes and/or arrests - safety was also an important consideration 17

18. Future OTS Funding Decisions Future OTS Funding Decisions When making funding decisions for the next round of proposals, OTS will look more closely at the number of vehicles through the checkpoint, drivers interviewed, SFST’s, and DUI arrests taking into account the cost of the checkpoint operation According to a new NHTSA report, checkpoint “contacts” would be the best measure of checkpoint effectiveness

19. Schedule C – Data Reporting Requirements Schedule C – Data Reporting Requirements Schedule C – Data Reporting Requirements Speaking the Same Language Speaking the Same Language 19

20. Alcohol-involved Fatalities – Victims killed in collisions where a party (driver, pedestrian or bicyclist) was classified as Had Been Drinking (HBD-under influence, HBD-not under influence or HBD-impairment unknown - CHP). Alcohol-involved Injuries – Victims injured in collisions where a party (driver, pedestrian or bicyclist) was classified as Had Been Drinking (HBD-under influence, HBD-not under influence or HBD-impairment unknown (CHP-SWITRS).. Data Collection Data Collection Alcohol-involved Fatalities – Victims killed in collisions where a party (driver, pedestrian or bicyclist) was classified as Had Been Drinking (HBD-under influence, HBD-not under influence or HBD-impairment unknown - CHP). Alcohol-involved Injuries – Victims injured in collisions where a party (driver, pedestrian or bicyclist) was classified as Had Been Drinking (HBD-under influence, HBD-not under influence or HBD-impairment unknown (CHP-SWITRS).. 20

21. Traffic Fatalities – Deaths resulting from motor vehicle traffic collisions, where the victim dies within 30 days for the collision (CHP- SWITRS). Traffic Injuries – Victims sustaining injuries as a result of a motor vehicle traffic collision. This would include victims with the extent of injury classified as severely wounded, other visible injuries, or complaint of pain. Victims killed are not included as injured (CHP - SWITRS). Data Collection Data Collection Traffic Fatalities – Deaths resulting from motor vehicle traffic collisions, where the victim dies within 30 days for the collision (CHP- SWITRS). Traffic Injuries – Victims sustaining injuries as a result of a motor vehicle traffic collision. This would include victims with the extent of injury classified as severely wounded, other visible injuries, or complaint of pain. Victims killed are not included as injured (CHP - SWITRS). 21

22. Vehicles passing through DUI checkpoints – Total number of vehicles that passed through the checkpoint, regardless of whether or not drivers were contacted. Data Collection Data Collection 22

23. Drivers Contacted – The initial driver contact by an officer on the line to observe possible signs of impairment (brief verbal greeting/observation, not secondary screening/FSTs) Field Sobriety Tests (FST) Administered – Number of drivers displaying signs of being under the influence, who are pulled aside to determine level of impairment by administering an FST. Data Collection Data Collection Data Collection 23

24. DUI Arrests (Alcohol) - Drivers arrested for DUI when alcohol is presumed/determined to be the intoxicant (When unknown if drugs also a factor of impairment) DUI Drug Impairment Arrest - Drivers arrested for DUI when drugs presumed/determined to be an intoxicant. 23152 (a) VC Data Collection 24

25. Drug Arrests - Any arrest/citations issued for illegal drugs: i.e.- possession, transportation, possession for sale, etc... (Does not include under the influence of drugs - non-DUI related, nor Marijuana Infraction) Criminal Arrests (Felony in custody) - Those Felony Arrests not associated with a driving violation nor a drug arrest Data Collection Data Collection Data Collection 25

26. Repeat DUI Warrant Service Operation – A program consisting of pulling DUI warrants and visiting the address on record in an attempt to contact the person named on the warrant. Warrant Service Attempts – A DUI warrant is pulled and a visit to the address on record is made in an attempt to contact the person named on the warrant. Warrants Served – A DUI warrant is pulled, and the person on the warrant is contacted & arrested. Data Collection Data Collection Data Collection 26

27. Court Sting – An operation targeting DUI offenders with suspended or revoked drivers' licenses who, upon leaving court, are observed driving.  If the offender is observed driving, he/she is cited/arrested. Data Collection Data Collection 27

28. Checkpoint Supplies (recommended) 48”X48”, “DUI /Driver’s License Checkpoint Ahead”, black lettering on orange background, with spring post stand or tripod stand. Other signs must be MUTCD compliant and retro-reflective, with spring stand, Tripod stand or A-frame barricade Maximum Reimbursable Cost Per Item $400.00 28

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30. Checkpoint Supplies (recommended) Checkpoint Supplies (recommended) Traffic Control Cones – 28” minimum, Orange w/reflective sleeves. Maximum Reimbursable Cost per item $30 Traffic Control Vests – FHWA federal guideline compliant. Maximum Reimbursable Cost per item $45 PAS Devices / Supplies Maximum Reimbursable Cost per item $1,500 30

31. Checkpoint Supplies (recommended) Checkpoint Supplies (recommended) • Lighting System / Generator • Lighting stands or carts • Heavy duty extension cables • Generator • May not exceed $4999.00 total 31

32. Checkpoint Supplies (recommended) • Your grant agreement will give you the total amount that can be claimed in the grant period for checkpoint supplies. 32

33. Checkpoint Operations

34. Checkpoint Operations • According to NHTSA, two-thirds of all motor vehicle fatalities between the hours of midnight and 3 a.m. occurred in alcohol-impaired-driving crashes, and more than half (55%) of drivers involved in fatal crashes at those hours, were alcohol-impaired. So……

35. Checkpoint Operations …..If at all practicable it is recommended that checkpoint operations run until 0300 hours. 35

36. Checkpoint Operations Because checkpoint operations limit the interview to (30 to 60 seconds), up to half of the over-the-limit drivers passing through a sobriety checkpoint are not apprehended – Alcohol and Highway Safety – A Review of the State of Knowledge (NHTSA 2011). So…… 36

37. Checkpoint Operations ……To better identify and apprehend Drug impaired drivers in addition to Alcohol impaired drivers, it is highly recommended that all personnel assigned to staff the greeting lane of the checkpoint be Drug Recognition Experts (DRE's) and/or Advanced Roadside Impaired Driving Enforcement (ARIDE) trained sworn officers. At the very minimum, all officers contacting drivers in the greeting lane should be NHTSA Standardized Field Sobriety Test (SFST) trained and certified.  37

38. Checkpoint Operations Each checkpoint should be highly publicized and visible. OTS does not fund or support independent DL checkpoints.

39. Checkpoint Operations Unless approved by OTS in advance, grant funds cannot be used for DUI/DL checkpoints operating before 1800 hours

40. Checkpoint Operations OTS does not fund (i.e., no reimbursements for) planned saturation patrols in DUI Mini Grant programs. EXCEPTION: Inclement Weather If inclement weather occurs after overtime expenses have been contractually obligated AND the weather compromises the safety of the officers or the public, then the checkpoint(s) may be switched to saturation patrols

41. According to an opinion by the California State Attorney General’s Office and your OTS grant agreement, all DUI/DL checkpoint operations should have at least one sign with these words: “DUI/Drivers License Checkpoint Ahead.” Note: While additional warning signs can and should be used as necessary or as desired, there should be at least one sign in use in advance of the checkpoint operation that uses these words on a single sign.

43. Checkpoints, AB353 and 12500s January 1, 2012 among the new sections of the California Vehicle was §2814.2. §2814.2 restricts the ability of law enforcement to seize a vehicle at a checkpoint when the driver’s only offense is driving without a valid license.

44. §2814.2 The key language of the statute is §2814.2(b): Notwithstanding Section 14602.6 or 14607.6, a peace officer or any other authorized person shall not cause the impoundment of a vehicle at a sobriety checkpoint if the driver’s only offense is a violation of Section 12500. Checkpoints, AB353 and 12500s

45. First, §2814.2 only applies at checkpoints. It is not the law during routine traffic stops or other interactions between law enforcement and the motoring public. It is a checkpoint specific provision of the vehicle code. Checkpoints, AB353 and 12500s

46. Second, §2814.2 only applies to drivers who are in violation of California Vehicle Code section §12500 and only §12500. If the driver is subject to any other offense that may invoke an impound process, then §2814.2 does not apply. Checkpoints, AB353 and 12500s

47. Third, §2814.2 only prevents the impoundment of a vehicle. It does not block the removal of a vehicle. Checkpoints, AB353 and 12500s

48. So, what can you do? §2814.2 sets up a procedure that officers must follow when confronted with a §12500 driver at a checkpoint.

49. So, what can you do? When an officer encounters a driver at a checkpoint who is §12500, and only §12500, the officer should issue the driver a citation for a violation of CVC §12500. The driver should not be permitted to continue driving the vehicle down the road. So, what’s to be done with the vehicle?

50. So, what can you do? §2814.2 provides that the registered owner of a vehicle seized at a checkpoint without a valid driver because of a §12500 violation (note: §12500 violation only, not §23152 or any other section) has until the conclusion of the checkpoint to claim the vehicle. (See, §2814.2(c))