History of DUI Enforcement: For the most part, DUI or DWI are synonymous terms that represent the criminal offense of operating a motor vehicle while being under the influence of alcohol or drugs or a combination of both. The first jurisdiction in the United States of America to adopt laws against drunk driving was New York in 1910, with California and others following. Early laws simply prohibited driving while intoxicated, requiring proof of a state of intoxication with no specific definition of what level of inebriation qualified. The first generally-accepted legal BAC limit was 0.15%. DUI enforcement peaked in the 70's - 90's due to groups such as MADD and SADD.
In the United States the National Highway Traffic Safety Administration (NHTSA) estimates that 10,839 people died in 2009 in alcohol-related collisions, representing 32% of total traffic deaths in the US (most recent stats available). The Bureau of Justice Statistics estimated that law enforcement agencies make approximately 1.5 million arrests per year nationwide for driving under the influence of alcohol compared to 1.9 million such arrests during the peak year in 1983, accounting for 1 out of every 80 licensed drivers in the U.S. The median BAC for drivers arrested is 0.17. A driver with a BAC of 0.15 was often found to have a prior conviction of DUI. An estimated 50-70% of drivers with a DUI conviction continue to drive! Drivers with a BAC of 0.10% or higher are 6 to 12 times more likely to get into a fatal crash or injury than drivers with no alcohol.
In Kansas every 5.5 fatalities per 100,000 are DUI related. In Missouri, every 5.0 fatalities per 100,000 are DUI related. KS is ranked 44th and MO is ranked 35th in the US. (Not good!)
JCSO uses Check Lanes and Saturation Patrols to combat DUI. Check Lane locations are determined by areas known for high amount of DUI related accidents. (Shawnee Mission Parkway & Nall and 169 Highway South of Olathe are 2 areas known for DUI crashes.) Check Lanes are more frequently conducted in summer than any other time of year. Approximately 40 deputies are needed to work DUI Check Lanes. Check Lanes are grant funded. JCSO had 15 Check Lanes and 6 Saturation Patrols in 2011. There were 2 DUI fatality crashes in 2011. Saturation Patrols generally consist of 5 deputies specifically patrolling a targeted area looking for DUI drivers. In addition to JCSO run Check Lanes, JCSO will provide 5-10 deputies to local agencies to assist with their DUI Check Lanes.
The goal of Check Lanes is education! (After graduation from the Citizen's Academy participants will have an opportunity to volunteer at DUI check lanes if they choose to do so. Might be interesting to see what actually happens at these. I have been through one before but it was KCMO and it was many years ago...)
Steps to determine someone is DUI include: Observing Vehicle in Motion, Driver Contact, Clues, SFST, PBT, Arrest, Breath Test, Post Arrest Questioning.
Observing Vehicle in Motion: Officers will look for signs such as making a wide turn, straddling center or lane marker, almost striking object or vehicle, weaving, swerving, drifting, driving on other than designated roadway, failing to maintain speed, following too closely, braking erratically, headlights off, etc. If reasonable suspicion based on the above signs, an officer may then pull over a driver.
Driver Contact/Clues: After pulling over a car, the officer will typically approach the driver's window and ask some preliminary questions. During this phase of the stop the officer will note if they detect any of the following indicators of intoxication
- odor of an alcoholic beverage on the driver's breath or in the car generally
- slurred speech in response to the questioning
- watery, blood shot, and/or reddish eyes
- flushed face
- droopy eyelids
- difficulty in understanding and responding intelligently to question
- fumbling with his or her driver's license and registration
- the plain-view presence of containers of alcoholic beverages in the vehicle.
- admission of consumption of alcoholic beverage
- failing to roll down the window all the way
Field Sobriety Tests (SFST) include: HGN (horizontal gaze nystagmus test), which involves following an object with the eyes (such as a pen) to determine characteristic eye movement reaction, WAT (walk and turn) and OLS (one leg stand). The HGN test is predicted to be 77% accurate in determining impairment. The WAT was determined to be 68% accurate. The OLS test is only 65% accurate. (These tests are not fun. Just sayin!) Other tests such as reciting the alphabet, counting backwards and finger dexterity are available but are not scientifically validated.
As mentioned previously, portions of class are hands on. During this class participants got to practice performing the WAT and OLS while wearing drunk glasses. The glasses mimicked varying levels of intoxication. It was quite entertaining watching my fellow classmates try and mostly fail at the WAT and OLS. Three participants lined up at at time to perform the WAT and then 3 more participants lined up to perform the OLS. An additional participant served as a control subject and perform the tests lined up next to the others but this participant did not wear the drunk glasses so that we could see how a sober person should be able to perform the test versus the impaired participants (via the glasses) failing the test.
Levels of impairment: (Note: the effects of alcohol intoxication are greatly influenced by individual variations among users. Some users may become intoxicated at a much lower Blood Alcohol Concentration (BAC) level than is shown.)
.01-.02 Normal appearance
.02-.03 No loss of coordination, slight euphoria. Mildly relaxed and maybe a little lightheaded.
.03-.06 Feeling of relaxation, lower inhibitions, sensation of warmth. Some minor impairment of reasoning and memory, lowering of caution. Your behavior may become exaggerated and emotions intensified (Good emotions are better, bad emotions are worse).
.06-.09 Slight impairment of balance, speech, vision, reaction time, and hearing. Euphoria. Judgment and self-control are reduced, and caution, reason and memory are impaired. You will probably believe that you are functioning better than you really are.
.10-.19 Significant impairment of motor coordination and loss of good judgment. Speech may be slurred; balance, vision, reaction time and hearing will be impaired. Euphoria. Gross motor impairment and lack of physical control. Blurred vision and major loss of balance. Euphoria is reduced and dysphoria (anxiety, restlessness) is beginning to appear. Judgment and perception are severely impaired. Dysphoria predominates, nausea may appear. The drinker has the appearance of a "sloppy drunk."
.20-.29 Feeling dazed, confused or otherwise disoriented. May need help to stand or walk. If you injure yourself you may not feel the pain. Some people experience nausea and vomiting at this level. The gag reflex is impaired and you can choke if you do vomit. Blackouts are likely at this level so you may not remember what has happened. At higher levels, All mental, physical and sensory functions are severely impaired. Increased risk of asphyxiation from choking on vomit and of seriously injuring yourself by falls or other accidents.
.30-.39 STUPOR. You have little comprehension of where you are. You may pass out suddenly and be difficult to awaken. At higher limits, Coma is possible. This is the level of surgical anesthesia.
.40-.49 Onset of coma, and possible death due to respiratory arrest.
.50> Generally results in death
Most people can metabolize (eliminate from system) one drink per hour. One drink is 1.5 oz. of 80 proof liquor, 12 oz. of beer, or 5 oz. of table wine.
After an arrest is made the subject is transported to detention where a Confirmation Breath Test is performed to confirm impairment and additional questioning may occur. A breath alcohol of .08 or greater is considered over the legal limit and will result in arrest and loss of drivers license but plus fines.
The average cost of a DUI is $18,000. For specific penalties for DUI in Kansas follow this link: http://www.ksdot.org/burTrafficSaf/alcdriv/DUILaws.asp. In short, it's expensive and may result in jail time and loss of license! (I don't know this by personal experience!) Interlock devices are helping to reduce repeat DUI offenders by as much as 64%.
Future hopes in fighting DUI: No refusal breath tests, laws where the penalty for refusal outweighs DUI and cars that won't function with BAC >.08. (This is wishful thinking at the moment but Deputy Shoop indicated he believes we could see some of these implemented in his/our lifetime.)
***Update: here is a link to an article about a car not starting when the driver is over the legal limit: Friends don't let friends drive drunk. In the future, your car could be that friend. http://online.wsj.com/article/SB10001424052702304023504577321624285798702.html.
For now, our best defense against DUI is to have a designated driver and encourage everyone to not drive impaired. (They showed a video that really is a tear jerker. It was made in Europe and is too graphic to be shown on TV in the US but would be GREAT to show to high school students. Maybe the school resource officers could show it in the schools? If I can find it online I will update this entry to include it.)
Next entry will be Accident Investigations.
Update: Deputy Shoop may not be too far off! Just read an article about a futuristic car that may not let you start the car if you are over the legal limit. Here is the link to article: http://online.wsj.com/article/SB10001424052702304023504577321624285798702.html.
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