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 2013, alcohol was involved in 21 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. 2013 387 KILLED ON MN ROADS 81 WERE INTOXICATED MOST COMMON FACTORS????

9. DRIVER INATTENTION/DISTRACTION FAILURE TO YIELD RIGHT OF WAY ILLEGAL OR UNSAFE SPEEDS

10. DUI COSTS IN 2013 $262,906,600

11. AVERAGE DAY IN MN 198 CRASHES 1 DEATH 96 INJURIES $4.2 MILLION AVERAGE DAILY COST

12. PERCENTAGE OF IMPAIRED DRIVERS WHO DIE 21%

13. .10 to.08 In 2000 President Bill Clinton

14. .08% IN JULY, 2005 MN CHANGED IT’S DUI THRESHOLD FROM.10 TO.08

15. THE AVERAGE DRIVER MAKES 400 OBSERVATIONS MAKES 40 DECISIONS MAKES 1 MISTAKE EVERY TWO MILES …….AND THIS IS WHEN THEY ARE SOBER!!!!

16. 3,321,760 NUMBER OF LICENSED DRIVERS IN MN

17. What is the month with the most DUI arrests?

18. AUGUST

19. MOST FATAL ACCIDENTS

20. OCTOBER

21. MONTH WITH THE MOST CRASHES

22. JANUARY

23. COUNTIES IN MN COUNTY WITH THE MOST DUI ARRESTS?

24. HENNEPIN COUNTY

25. TYPICAL FRI AND SAT NIGHTS ONE OUT OF SEVEN DRIVERS LEAVING BARS IS A DUI

26. DWI ARRESTS IN MN 2013 25,719 41% of these had at least one prior DUI 6% less than 21 years old

27. HOW MANY PER DAY?? 70

28. MALES VS FEMALES MALES 17,130 out of 25,719 FEMALES 6497 out of 25,719

29. Decrease of 8% But is that due to a lack of increase of police officers hired in relationship to the population???

30. AGES 21-34 YEARS OF AGE 52% UNDER 21 YEARS OF AGE 7%

31. DANGEROUS DAY OF THE WEEK SATURDAYS------24%

32. TIMES MOST DANGEROUS TIME FOR AN ALCOHOL CRASH OCCURS BETWEEN THE HOURS OF 0000 AND 0400 SUNDAY MORNING

33. GENERAL DETERRENCE FEAR OF JAIL AND LOSS OF $$$

34. 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

35. 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

36. DUI ENFORCEMENT REASONABLE SUSPICION WEAVING WITHIN LANE FLUCTUATING SPEED “LOOKS DRUNK”

37. Reasonable Suspicion Threshold is very low Something more than a mere hunch or guess Less than probable cause TOTALITY OF CIRCUMSTANCES

38. 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

39. MN STATE STATUTE 169A.20----BASIC STATUTE 169A.24-----1 ST DEGREE FELONY 169A.25----2 ND DEGREE GM 169A.26----3 RD DEGREE GM 169A.27----4 TH DEGREE MISD 169A.50----IMPLIED CONSENT

40. 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

41. 4 TH DEGREE DWI AND NO AGGRAVATING FACTORS MISDEMEANOR

42. THIRD DEGREE DWI AND ONE AGGRAVATING FACTOR GROSS MISDEMEANOR

43. SECOND DEGREE DWI AND TWO AGGRAVATING FACTORS GROSS MISDEMEANOR

44. FIRST DEGREE FOURTH DWI WITHIN TEN YEARS PRIOR FELONY DWI CONVICTION FELONY

45. TEST REFUSAL 169A.20 SUBD 2 GROSS MISDEMEANOR IN ALL CASES

46. TEST REFUSAL CHARGE IN ADDITION TO THE DWI OFFENSE PENALITIES ARE DEPENDANT UPON THE DEGREE FOR WHICH THE DRIVER WAS ORIGINALLY ARRESTED

47. 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

49. WHISKEY PLATES 2 ND DUI.20% OR GREATER GM OFFENSE CHILD UNDER THE AGE OF 16 YEARS LICENSE CANCELED FOR INIMICAL TO PUBLIC SAFETY

50. LICENSE PLATES STAY ON FOR ONE YEAR VIOLATOR MAY NOT DRIVE A CAR UNLESS THERE ARE WX PLATES

51. 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

52. STATE VS PIKE Can stop a vehicle if it is believed the driver is revoked

53. DUI DETECTION PHASES 1. VEHICLE IN MOTION 2. PERSONAL CONTACT 3. PRE-ARREST SCREENING

54. Horizontal gaze nystagmus Divided attention Standardized Field Sobriety Testing

55. Preliminary Breath Testing DEMONSTRATE ASSOCIATION OF ALCOHOL WITH THE OBSERVABLE EVIDENCE OF THE SUSPECT’S IMPAIRMENT

56. SINCE 2011 INTERLOCK IGNITION DEVICE