Transcript 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
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:
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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 bloodalcohol 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:
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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:
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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:
1) Operator’s Admissions:
a) How many drinks
b) Type of alcoholic drink
c) Location of last drink
d) Driving to/ from
e) Other (“Last night I got fucking drunk”)
V & T Observations
 Evidence:
Signs that the operator may be intoxicated:
1) Open container’s of alcohol in the vehicle
2) 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:
1. Lack of smooth pursuit
2. Distinct Nystagmus at Maximum Deviation:
Hold for 4 Seconds
3. 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:
1. During instruction phase check for balance and
starting to soon
2. During test check for:
a) not touching heel-to-toe
b) stepping off line
c) stopping
d) uses arms for balance
e) wrong number of steps
f) 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:
1. Swaying
2. Arms for balance
3. Hopping
4. 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 bloodalcohol 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
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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[2] 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
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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)
Driving While Intoxicated
Objective Review
D.W.I.